Hawaii Revised Statutes 150a. Plant and Non-Domestic Animal Quarantine and Microorganism Import

PART I. GENERAL PROVISIONS

• 150a-1 Short Title.
  This chapter may be cited as the "Hawaii Plant Quarantine Law". [L 1973, c 69, pt of §1]
• 150a-2 Definitions.
  As used in this chapter the term: "Aggregate bulk freight" means manmade, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count,...
• 150a-3 Delegation of Duties.
  All authority vested in the board or chairperson by virtue of this chapter may with like force and effect be exercised by such employees...
• 150a-4 Effect on Department of Land and Natural Resources and the Department of Health.
  Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of land and natural resources...
• 150a-4.5 Pest Inspection, Quarantine, and Eradication Fund.
  (a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited: (1) Legislative appropriations for biosecurity...

PART II. REGULATION OF IMPORTATION

• 150a-5 Conditions of Importation.
  The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf,...
• 150a-5.3 Inspection, Quarantine, and Eradication Service Fee and Charge.
  (a) There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in any freight, including marine commercial container shipment,...
• 150a-5.4 Failure to Pay or Remit the Inspection, Quarantine, and Eradication Service Fee; Fines.
  (a) The following fines shall be imposed for failure to pay, bill, or remit the inspection, quarantine, and eradication service fee as provided for...
• 150a-5.5 What Constitutes Importation.
  (a) The landing of any article for the purpose of inspection or quarantine shall not be construed to give the article any status or...
• 150a-5.6 Exceptions to the Right to Import.
  Nothing in this chapter shall permit the importation of any animal or article if the same, or any of them, has, by rule of...
• 150a-6 Soil, Plants, Animals, Etc., Importation or Possession Prohibited.
  No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any...
• 150a-6.1 Plant Import.
  (a) The board shall maintain a list of restricted plants that require a permit for entry into the State. Restricted plants or any portion...
• 150a-6.2 Animal Import.
  (a) The board shall maintain: (1) A list of conditionally approved animals that require a permit for import into the State; (2) A list...
• 150a-6.3 Microorganism Import.
  (a) The board shall maintain: (1) A list of nonrestricted microorganisms allowed entry into the State without a permit; (2) A list of restricted...
• 150a-6.4 Permit and Other Import Document Issuance; Requirements.
  Except as otherwise provided in this part, all permits, letters of authorization, or registrations referenced in sections 150A-6 through 150A-6.3 shall be issued pursuant...
• 150a-6.5 Animals; Prohibition Against Possession, Etc.; Exception.
  No person shall possess, propagate, sell, transfer, or harbor any animal included on the list of prohibited animals maintained by the board, except upon...
• 150a-6.6 Import Lists Amendment.
  Without regard to the notice and public hearing requirements of chapter 91, the board may adopt rules to make additions to or deletions from...
• 150a-6.7 Repealed.
  L 2010, c 173, §10.
• 150a-7 Disposition.
  (a) It is a violation of sections 150A-5 and 150A-6 to bring into the State contrary to those sections any plant, plant product, animal,...
• 150a-7.5 User Fees.
  Fees may be assessed for the processing and issuance of permits issued by the department under this part, for inspections related to permit conditions,...
• 150a-7.6 Processing Fees for Importation and Possession Requests.
  (a) There is imposed a fee for the processing of requests for the importation or possession of plants, animals, or soil that require a...
• 150a-8 Transporting in State.
  Flora and fauna specified by rules and regulations of the department shall not be moved from one island to another island within the State...
• 150a-9 Rules and Regulations.
  The department shall have the authority to carry out and effectuate the purposes of this chapter by rules and regulations. [L 1973, c 69,...
• 150a-9.5 Interim Rules.
  (a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting...
• 150a-10 Advisory Committee on Plants and Animals.
  There shall be an advisory committee on plants and animals composed of the chairperson of the board or the chairperson's representative who shall be...
• 150a-11 Enforcement.
  Inspectors shall enforce the provisions of this chapter and related rules promulgated by the department. Inspectors shall be provided with suitable badges or insignia...
• 150a-11.5 Entry of Private Property for Enforcement.
  Whenever any member of the department of agriculture deems it necessary for the protection of animal or public health, agriculture, or the environment, to...
• 150a-12 Citation and Summons.
  There shall be printed a form of citation and summons for use in citing violators warning the person to appear and answer the charge...
• 150a-13 Administration of Oath.
  When a complaint is made to any prosecuting officer of the violation of the provisions of this chapter or the rules promulgated and adopted...
• 150a-14 Penalty.
  (a) Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this...
• 150a-15 Failure to Obey Summons.
  Any person who fails to appear at the place and time specified in the citation and summons issued to that person by the inspector...

PART III. NURSERY STOCK EXPORT SHIPMENTS

• 150a-21 Certification for Shipment.
  The department may certify as to the pest condition or post treatment of shipments when officially required. Fees may be charged for certificates in...
• 150a-22 Responsibility for Treatment.
  Any treatment of nursery stock which may be required under the provisions of law shall be at the risk and at the expense of...
• 150a-23 Nursery Stock Certificate.
  The department may issue and authorize the use of nursery stock certificates by any shipper complying with its regulation for nursery inspection. Shipments accompanied...

PART IV. OTHER EXPORTS

• 150a-31 Certificate for Shipment.
  The department may certify as to the pest condition of honey bee shipments when health certificates are officially required. Fees to cover the department's...

PART V. CERTIFIED IMPORTERS OF MICROORGANISMS

• 150a-41 Microorganism Import.
  (a) Notwithstanding the permit requirements of sections 150A-5 and 150A-6.3, the board may issue a certificate to an importer of microorganisms authorizing import and...
• 150a-42 Certificate.
  (a) An importer requesting a certificate under this part shall complete and submit an application to the department providing information as required by rule....
• 150a-43 Suspension or Revocation of Certificate.
  Any certificate issued pursuant to this part may be suspended or revoked by the department, after hearing, for violation of any certificate requirement or...
• 150a-44 Summary Suspension.
  Notwithstanding any law to the contrary, the department may cause the immediate suspension of an importer's certificate, subject to subsequent notice and hearing or...
• 150a-45 Emergency Remediation.
  In conjunction with summary suspension of an importer's certificate, upon the department's determination that there is an impending danger of escape or release of,...
• 150a-46 Conditions of Importation Under Certification.
  (a) A certificate issued to an importer under this part is nontransferable. (b) Every importer issued a certificate shall comply with the requirements of...
• 150a-47 Penalties.
  In addition to penalties that may be applicable under section 150A-14, certified importers are subject to penalties as follows: (1) A certified importer who...
• 150a-48 Repealed.
  L 2010, c 173, §11.

PART VI. BIOSECURITY PROGRAM

• 150a-51 Biosecurity Program; Establishment.
  The department shall establish a biosecurity program authorized under this chapter that shall interface with other relevant state law; provided that the biosecurity program...
• 150a-52 Objectives of Biosecurity Program.
  The objectives of the biosecurity program shall be to: (1) Establish a multi-dimensional system to prevent the entry into the State and interisland movement...
• 150a-53 General Actions to Achieve Objectives.
  To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations, implement the following: (1) Work with...
• 150a-54 Biosecurity Program; Charges; Costs.
  (a) The department shall set and impose charges for the inspection, quarantine, and eradication of pests in accordance with this chapter and chapter 141....
• 150a-55 Federal and Other Funds.
  The department shall place high priority on seeking and applying for federal and other funds for the biosecurity program. [L 2008, c 236, pt...
• 150a-56 Schedule of Appropriations and Expenditures for Program.
  (a) By January 1, 2009, the department shall prepare a schedule of proposed annual appropriations for the biosecurity program for the ensuing six fiscal...
• 150a-57 Annual Report.
  The department shall submit an annual report on the biosecurity program to the legislature no later than twenty days prior to the convening of...

Last modified: October 27, 2016