reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-5.4 Failure to pay or remit the inspection, quarantine, and eradication service fee; fines.

§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 in section 150A-5.3:
(1) A person responsible for paying the freight charges to the transportation company who fails to pay the fee; or
(2) A transportation company that fails to:
(A) Bill the fee, within fifteen days of the delivery of the freight, to the person responsible for paying the freight charges to the transportation company; or
(B) Remit the fee to the department within forty-five days of collecting the fee from the person responsible for paying the freight charges to the transportation company,
shall pay a fine of two times the amount of the inspection, quarantine, and eradication service fee or $50, whichever is higher.
(b) All fines shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5. [L 2010, c 173, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-5.5 What constitutes importation.

§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 the owner any right incident to articles which have actually been passed and allowed into the State.
(b) In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section 150A-5(9), except that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board.
(c) Notwithstanding subsections (a) and (b), the import of articles in violation of this chapter or rules adopted under this chapter may subject the importer to penalty although the articles have not been passed for entry. [L 1985, c 133, §4; am L 1990, c 243, §3; am L 1996, c 153, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-5.6 Exceptions to the right to import.

§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 the department been prohibited. [L 1985, c 133, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-6 Soil, plants, animals, etc., importation or possession prohibited.

§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 of the following:
(1) Soil; provided that limited quantities of soil may be imported into the State for experimental or other scientific purposes under permit with conditions prescribed by the department;
(2) Rocks, plants, plant products, or any article with soil adhering thereto;
(3) Any live snake, flying fox, fruit bat, Gila monster, injurious insect, or eels of the order Anguilliformes, or any other animal, plant, or microorganism in any stage of development that is detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources, including native biota, or has an adverse effect on the environment as determined by the board, except, as provided in this chapter and provided that, notwithstanding the list of animals prohibited entry into the State, the department may bring into and maintain in the State four live, sterile brown tree snakes of the male sex for the purpose of research or training of snake detector dogs, and, further, that a government agency may bring into and maintain in the State not more than two live, nonvenomous snakes of the male sex solely for the purpose of exhibition in a government zoo, but only after:
(A) The board is presented with satisfactory evidence that the sex of the snakes was established to be male prior to the shipment; and
(B) The board gives written approval conditioned upon such terms as the board may deem necessary, which terms shall include measures to assure the prevention of escape, continuing supervision and control by the board with respect to any department import under this paragraph, and the manner in which the snakes shall be disposed of or destroyed.
In case of the death of one or more snakes, the department or government agency may import and maintain replacements subject to the conditions described in this paragraph; and
(4) Any live or dead honey bees, or used bee equipment that is not certified by the department to be free of pests; provided that nothing in this paragraph shall be construed to prohibit the importation of bee semen. [L 1973, c 69, pt of §1; am L 1974, c 232, §2; am L 1985, c 133, §2 and c 179, §2; am L 1990, c 243, §4; am L 1994, c 48, §1; am L 1996, c 153, §4; am L 1997, c 63, §2; am L 1998, c 10, §1, c 28, §1, and c 244, §1; am L 1999, c 21, §1 and c 177, §3; am L 2000, c 211, §4; am L 2003, c 10, §1]
Cross References
Home-based agriculturally produced honey, see § §328-79 and 328-80.
Honey bee exports, see §150A-31.
Law Journals and Reviews
Crying Over Spilt Milk: Recognizing Hawaii's Unique State Characteristics in the Context of the Dormant Commerce Clause. 32 UH L. Rev. 513 (2010).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-6.1 Plant import.

§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 thereof shall not be imported into the State without a permit issued pursuant to rules.
(b) The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, or that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health. In addition, plant species designated by rule as noxious weeds are designated as restricted plants.
(c) The department may regulate or prohibit the sale of specific plants on the list of restricted plants by rule.
(d) Noxious weeds may be imported only for research, by permit, and shall not be offered for sale or sold in the State.
(e) No person shall import, offer for sale, or sell within the State any plant or propagative portion of Salvinia molesta or Salvinia minima and Pistia stratiotes. [L 2000, c 211, pt of §1; am L 2003, c 85, §9; am L 2004, c 10, §16; am L 2008, c 40, §2]
Case Notes
Cited: 111 F. Supp. 3d 1088 (2015).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-6.2 Animal import.

§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 of restricted animals that require a permit for both import into the State and possession; and
(3) A list of animals that are prohibited entry into the State.
(b) The board shall adopt rules, pursuant to chapter 91, to establish an advisory committee of no fewer than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid animal when the department suspects that the lineage of the animal is not as stated by the owner or on other official documents.
(c) Animals on the lists of conditionally approved and restricted animals shall be imported only by permit. Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists; provided that the department may issue a special permit on a case-by-case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans, if the importer of the animal can meet permit requirements as determined by the board; and provided further that the department may issue a short-term special permit on a case-by-case basis not to exceed ninety days for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition, if the importer of the animal can meet permit and bonding requirements as determined by the board. [L 2000, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-6.4 Permit and other import document issuance; requirements.

§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 to rules. Any violation of conditions listed on the permits, letters of authorization, or registrations shall be a violation of this chapter. [L 2000, c 211, pt of §1; am L 2002, c 61, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-6.5 Animals; prohibition against possession, etc.; exception.

§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 a determination that the species:
(1) Was initially permitted entry and later prohibited entry into the State; or
(2) Was continually prohibited but unlawfully introduced and is currently established in the State; and
(3) Is not significantly harmful to agriculture, horticulture, or animal or public health, and the environment.
Under the circumstances described in this [section], the board may permit possession of the individual animal through its registration with the department while still prohibiting the same species of animal from importation, propagation, transfer, and sale. [L 2000, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-6.6 Import lists amendment.

§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 the lists required to be maintained in sections 150A-6.1 through 150A-6.3; provided that the board shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and notify the public of additions to or deletions from the lists required under sections 150A-6.1 through 150A-6.3. [L 2000, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-7 Disposition.

§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, microorganism, or any article infested with pests or contaminated with soil and the same shall be refused admittance and may, in the discretion of the inspector, be seized and treated, destroyed, or excluded at the expense of the owner or the owner's agent.
(b) It is a violation of this part to bring to or possess in the State any living creature that is prohibited or restricted, without a permit issued by the department, except as expressly provided in this part. The creature shall constitute contraband and shall be seized immediately upon discovery, whenever found, and be destroyed, donated to a government zoo, or sent out of the State, at the discretion of the department. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.
(c) Whenever any living creature introduced or admitted under rules of the department escapes, or is found to be free from confinement, the department may confiscate or capture it and any progeny at the expense of the owner. The department may destroy the creature, donate it to a government zoo, or send it out of the State after five days at the discretion of the department. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent. [L 1973, c 69, pt of §1; am L 1985, c 133, §3; am L 1990, c 243, §5; am L 1992, c 229, §4; am L 1998, c 10, §2; am L 1999, c 177, §4; am L 2000, c 211, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-7.5 User fees.

§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, and for the registration of microbial products containing certain strains of microorganisms, as established by rule. [L 1996, c 153, §1; am L 1999, c 177, §5; am L 2000, c 211, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-8 Transporting in State.

§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 or from one locality to another on the same island except by a permit issued by the department. [L 1973, c 69, pt of §1; am L 1974, c 232, §3; am L 1977, c 114, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-9.5 Interim rules.

§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 of flora and fauna into and within the State. Such rules shall not be subject to chapter 91.
(b) An interim rule may be adopted in the event that the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State which is so immediate in nature as to constitute an emergency. No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under section 150A-10.
(c) Interim rules adopted by the department pursuant to this section shall be effective as stated by such rules; provided that:
(1) Any interim rule shall be published at least once statewide within twelve days of issuance; and
(2) No interim rule shall be effective for more than one year.
(d) Any person may appeal the reasonableness of any interim rule or determination of the advisory committee to the circuit court. [L 1977, c 114, §1; am L 1999, c 177, §6; am L 2000, c 211, §7; am L 2003, c 85, §10; am L 2004, c 10, §16]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-10 Advisory committee on plants and animals.

§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 chairperson of the committee, the chairperson of the board of land and natural resources, the director of the office of planning and sustainable development, and the director of health, or their designees, and five other members, with expertise in plants, animals, or microorganisms, and who, by virtue of their vocation or avocation, also are thoroughly conversant with modern ecological principles and the variety of problems involved in the adequate protection of the State's natural resources. The latter five members shall be chosen by the chairperson. The committee shall advise and assist the department in developing or revising laws and regulations to carry out and effectuate the purposes of this chapter and in advising the department in problems relating to the introduction, confinement, or release of plants, animals, and microorganisms.
The chairperson may create ad hoc or permanent subcommittees, as needed. [L 1973, c 69, pt of §1; gen ch 1985; am L 1990, c 243, §6; gen ch 1993; am L 2021, c 152, §5 and c 153, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-11 Enforcement.

§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 of office by the department, and shall have power to serve and execute warrants in all matters relating to the quarantine laws, to issue a citation for any violation of this chapter and related rules, and to seize contraband articles throughout the State. [L 1985, c 133, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-11.5 Entry of private property for enforcement.

§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 enter any land, building, vessel or aircraft for the purpose of seizing, capturing, confiscating or removing any living creature that is prohibited or restricted and without a permit, the member may make complaint to the district judge in whose circuit the alleged violation is occurring, and the district judge may thereupon issue a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid, and being accompanied by the member of the department, to go to the place described in the complaint, and to seize, capture, confiscate or remove, under directions of the member, the prohibited or restricted creature. [L 1992, c 229, §2]
Cross References
Entry to control or eradicate pests, see §141-3.6.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-12 Citation and summons.

§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 against the person at a certain place and at a time within seven days after the citation. The citation and summons shall be so designed to include all necessary information to make it valid and legal within the laws and rules of the State. The form and contents of such citation and summons shall be adopted or prescribed by the district courts.
In every case when a citation and summons is issued, the original of the same shall be given to the accused; provided that the district courts may prescribe the issuance to the accused of a carbon copy of the citation and summons and provide for the disposition of the original and any other copies.
Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its original. [L 1985, c 133, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-13 Administration of oath.

§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 pursuant thereto, the inspector who issued the citation and summons shall subscribe to the complaint under oath. [L 1985, c 133, §8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-15 Failure to obey summons.

§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 upon the person's citation for violation of the quarantine laws or rules shall be guilty of a misdemeanor and, on conviction, fined not more than $500 or imprisoned not more than six months, or both.
If any person fails to comply with a citation and summons issued to the person, the inspector shall cause a complaint to be entered against the person and secure the issuance of a warrant for that person's arrest.
When a complaint is made to any prosecuting officer of the violation of any quarantine law or any rule promulgated thereunder, the inspector who issued the complaint and summons shall subscribe to it under oath. [L 1985, c 133, §10; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-21 Certification for shipment.

§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 certain instances and shall be deposited into the pest inspection, quarantine, and eradication fund. [L 1977, c 114, pt of §4; am L 2010, c 173, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-22 Responsibility for treatment.

§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 the owner or persons in charge or in possession thereof at the time of treatment, unless otherwise provided. [L 1977, c 114, pt of §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-23 Nursery stock certificate.

§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 by these certificates may move to other localities within the county or to other counties without inspection at destination. Nursery stock certificates may be issued for interstate shipments. Fees may be charged for nursery certification and shall be deposited into the pest inspection, quarantine, and eradication fund. Nursery stock certificates shall not be altered or misused.
The department may revoke or suspend the right to use any nursery stock certificate which is issued to any person who fails to comply with requirements for use of the certificate. [L 1977, c 114, pt of §4; am L 2010, c 173, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-31 Certificate for shipment.

§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 certification costs may be charged for health certificates as provided by rule and shall be deposited into the pest inspection, quarantine, and eradication fund. Health certificates shall not be altered or misused. [L 1996, c 111, §1; am L 2010, c 173, §8]
Cross References
Home-based agriculturally produced honey, see § §328-79 and 328-80.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-41 Microorganism import.

§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 possession of microorganisms on the list of restricted microorganisms or unlisted microorganisms referenced in section 150A-6.3; provided that:
(1) The import and possession is for medical or scientific purposes;
(2) The microorganisms are contained in a laboratory or other contained system approved by the department;
(3) The microorganisms are used in a manner that will not be detrimental to agriculture, horticulture, the environment, animals, or humans; and
(4) The importer is able to meet requirements established by the board,
as further verified through site inspection by the department.
(b) Import by a certified importer of microorganisms other than those listed in the importer's certificate or for uses other than specified for each type of microorganism listed in the certificate shall be pursuant to section 150A-6.3.
(c) A certified importer importing pursuant to certificate shall comply with the provisions of part II other than the permit requirement, as applicable, in particular, the notification, labeling, and inspection requirements of section 150A-5. [L 1999, c 177, pt of §1; am L 2000, c 211, §11]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-42 Certificate.

§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.
(b) Fees may be assessed for the processing and issuance of a certificate and for inspections related to the certificate, as established by rule and shall be deposited into the pest inspection, quarantine, and eradication fund. Fees may vary according to the type of certification issued and the costs incurred for inspections.
(c) A certificate issued under this part shall be valid for no more than two years from date of issuance. A certified importer may reapply for certification pursuant to subsection (a). [L 1999, c 177, pt of §1; am L 2010, c 173, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-43 Suspension or revocation of certificate.

§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 condition or any provision of this chapter or rule adopted under this part. Any order made by the department for the suspension or revocation of a certificate shall be in writing and shall set forth the reasons for the suspension or revocation. The action of the department in suspending or revoking a certificate may be reviewed in the manner provided in chapter 91. [L 1999, c 177, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-44 Summary suspension.

§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 other adequate procedures, upon the department's determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate.
The department may order the summary suspension of the certificate for a period not to exceed twenty days. The order of suspension shall be served upon the certified importer at the same time as the notice of hearing for further suspension or revocation and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon the request of the importer for a reasonable continuance to adequately prepare the importer's defense. Any attempt by the importer to continue the certified activity while the certificate has been summarily suspended shall of itself be sufficient to warrant a permanent revocation of the certificate and shall subject the importer to all penalties prescribed by this chapter or any rule or order of the department. [L 1999, c 177, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-45 Emergency remediation.

§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, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate, the department may, at the expense of the importer, seize, quarantine, remediate, condemn, or destroy the imported microorganisms, or any contaminated material, containment equipment, and laboratory or other contained system approved by the department, as the department in its discretion determines is necessary to address the threat, emergency, or disaster. [L 1999, c 177, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-46 Conditions of importation under certification.

§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 the certificate.
(c) Any department employee or authorized representative may enter the premises under certification at any reasonable time to examine and inspect any microorganism, records, laboratory or other contained system approved by the department, equipment, procedures, manuals, and other related materials pertaining to the microorganism imported pursuant to certificate, and may conduct tests, collect samples, or perform any other duty for the purpose of carrying out and effectuating the purposes of this chapter. [L 1999, c 177, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-47 Penalties.

§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 violates any of the foregoing sections in this part shall be guilty of a petty misdemeanor and, notwithstanding section 706-640, shall be subject to a fine of not less than $1,000 and not more than $10,000; and
(2) A certified importer who intentionally imports a microorganism not allowed by the importer's certification with the intent to propagate, sell, or release the microorganism shall be guilty of a class C felony and, notwithstanding section 706-640, shall be subject to a fine of not less than $50,000 but not more than $500,000. [L 1999, c 177, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-51 Biosecurity program; establishment.

Note
Invasive species management requirements, including interisland and export database for agricultural commodities. L 2016, c 243, §3.
§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 is not inconsistent with federal law. [L 2008, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-52 Objectives of 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 of pests and prohibited or restricted organisms without a permit; and
(2) Respond effectively to eradicate, control, reduce, and suppress incipient pest populations and established pests and seize and dispose of prohibited or restricted organisms without a permit. [L 2008, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-53 General actions to achieve objectives.

§150A-53 General actions to achieve objectives.
(a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:
(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;
(2) Establish, operate, or participate in operating port-of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of:
(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and
(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;
(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;
(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;
(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;
(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and
(7) Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State.
(b) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors. [L 2008, c 236, pt of §2; am L 2017, c 163, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-54 Biosecurity program; charges; costs.

§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. The department shall deposit the charges into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) The department shall set the charges at amounts intended to generate revenues that, when combined with federal and other funds, are sufficient to pay for the operating and maintenance cost of the program and debt service on bonds issued to fund facilities constructed for the program. [L 2008, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-56 Schedule of appropriations and expenditures for program.

§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 years that represents the department's realistic expectation as to the amounts necessary to effectively operate the program, yet remain within the constraints of projected state revenue growth.
(b) By January 1 of each fiscal year thereafter, the department shall update the schedule to include the following information, as applicable, for the immediate past fiscal year, current fiscal year, and ensuing five fiscal years:
(1) The proposed appropriations submitted or to be submitted by the department to the governor for the biosecurity program;
(2) The proposed appropriations submitted or to be submitted by the governor to the legislature in the executive or supplemental budget;
(3) The actual appropriations by the legislature; and
(4) The actual expenditures.
(c) The department shall submit each required schedule to the legislature no later than twenty days prior to the convening of each regular session of the legislature.
(d) The department may submit with each schedule a narrative commenting on the effects of any variance between the actual expenditure for the biosecurity program during a fiscal year and proposed appropriation submitted by the department to the governor for that fiscal year. [L 2008, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-57 Annual report.

§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 each regular session of the legislature. The report shall include:
(1) The schedule required under section 150A-56;
(2) The status of each activity required by Act 243, Session Laws of Hawaii 2016, including for each activity:
(A) All expenditures;
(B) Descriptions of and the purposes of any activity-related travel;
(C) Workforce allocation; and
(D) Measure of effectiveness;
(3) Summary of interisland inspections and export inspection activities;
(4) Projections by year of future expenditures and future acreage to be under pest management by crop; and
(5) Activities yet to be completed, and, if applicable, an explanation why they were not completed. [L 2008, c 236, pt of §2; am L 2016, c 243, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 152. Noxious Weed Control › 152-1 Definitions.

§152-1 Definitions.
For the purpose of this chapter, unless otherwise required by context:
"Control noxious weed" means to limit the spread of a specific noxious weed and to reduce its density to a degree where its injurious, harmful, or deleterious effect is reduced to a tolerable level.
"Cooperative agreement" means an agreement between the department and the landowner and land occupier for the control or eradication of a noxious weed infestation.
"Department" means the department of agriculture.
"Eradicate noxious weed" means to completely destroy and eliminate existing plant growth, seeds, and vegetative reproductive plant parts of a specific noxious weed from a given locality.
"Land occupier" means a person who occupies, resides on, or utilizes land or real estate of a landowner.
"Landowner" means the possessor of a fee simple absolute title in land or real estate and shall include the State and its political subdivisions in their capacities as owners of public lands.
"Noxious weed" means any plant species which is, or which may be likely to become, injurious, harmful, or deleterious to the agricultural, horticultural, aquacultural, or livestock industry of the State and to forest and recreational areas and conservation districts of the State, as determined and designated by the department from time to time.
"Person" means any individual, firm, corporation, association, or partnership. [L 1957, c 319, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §27A-2; HRS §152-1; am L 1974, c 234, §1; am L 1975, c 44, pt of §1; am L 1987, c 92, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 152. Noxious Weed Control › 152-2 Rules.

§152-2 Rules.
Subject to chapter 91, the department may make rules to effectuate this chapter, including but not limited to the following:
(1) Establishment of criteria and procedures for the designation of plant species as noxious weeds for the purposes of this chapter;
(2) Establishment of procedures and conditions for the initiation of cooperative agreements with landowners and land occupiers for the purpose of eradicating or controlling noxious weed infestations;
(3) Control or eradication of noxious weeds when deemed economically feasible. [L 1957, c 319, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §27A-3; HRS §152-2; am L 1975, c 44, pt of §1; am L 1987, c 92, §2]
Case Notes
Cited: 111 F. Supp. 3d 1088 (2015).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 152. Noxious Weed Control › 152-3 Prohibited acts.

§152-3 Prohibited acts.
It shall be unlawful to introduce or to transport specific noxious weeds or their seeds or vegetative reproductive parts into any area designated pursuant to section 152-5 as free or reasonably free of those noxious weeds; provided that the introduction or transportation of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department. [L 1975, c 44, pt of §1; am L 1987, c 92, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 152. Noxious Weed Control › 152-4 Designation of noxious weed.

§152-4 Designation of noxious weed.
The department may designate certain plant species as noxious weeds following the criteria and procedures established under section 152-2(1). The department shall publish and make available a list of noxious weeds to interested persons. [L 1975, c 44, pt of §1; am L 1987, c 92, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 152. Noxious Weed Control › 152-5 Designation of areas declared free or reasonably free of noxious weeds.

§152-5 Designation of areas declared free or reasonably free of noxious weeds.
The department may declare the entire State, an island, or a section of an island as free or reasonably free of a specific noxious weed. The department shall take necessary measures to restrict the introduction and establishment of specific noxious weeds in areas declared free or reasonably free of those noxious weeds. [L 1975, c 44, pt of §1; am L 1987, c 92, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 155. Agricultural Loans › 155-2 Objectives.

§155-2 Objectives.
One of the objectives of the department of agriculture shall be to promote the agricultural development of the State by stimulating, facilitating, and granting loans to qualified farmers and food manufacturers.
The department shall encourage the growth, development, and well-being of agriculture in the State by:
(1) Maximizing the use of limited state funds and resources in encouraging development of new farmers and new crops;
(2) Assisting qualified farmers and food manufacturers with loans;
(3) Encouraging private lenders to make loans to qualified farmers and food manufacturers directly, or in cooperation, or in participation with the State; and
(4) Providing relief to farmers in times of emergencies.
The department shall also establish standards and criteria pursuant to which loans may be provided to qualified farmers and food manufacturers who cannot secure credit from other sources at reasonable rates and terms. Any assessment of the program shall consider its purpose and intent that involves credit risk beyond that of banks and other private lenders, and the assessment shall be based on standards of similar programs. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 132, §2; Supp, §102-3; HRS §155-2; am L 1979, c 222, §2; am L 2000, c 51, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 155. Agricultural Loans › 155-3 Restriction.

§155-3 Restriction.
Loans authorized by this chapter shall require two credit denials, except for class "F" loans for new farmer and farm innovation programs, which shall require one credit denial. This requirement shall be waived for new farmer loans for $100,000 or less for farm trainees and recent college graduates with a degree in agriculture. This requirement may also be waived by the board of agriculture for emergency loans. Credit denials may be accepted from any of the following:
(1) Private lenders;
(2) Members of the farm credit system; or
(3) The United States Department of Agriculture. [L 1961, c 104, §2; Supp, §102-3.5; HRS §155-3; am L 1979, c 222, §3; am L 1990, c 259, §1; am L 1997, c 258, §1; am L 1999, c 32, §2; am L 2011, c 184, §3; am L 2013, c 201, §3]