Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 71A - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE MICROORGANISM IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-71A-2 - Definitions

Current through June, 2024
As used in the chapter:
"Advisory subcommittee" means one of the advisory
					 subcommittees on entomology, invertebrate and aquatic biota, land vertebrates,
					 plants, algae, bacteria, fungi, protozoa, or viruses appointed by the
					 chairperson pursuant to section
					 150A-10,
					 HRS;
"Applicant" means a person who has submitted an application
					 for import or possession of a microorganism or both through permit or other
					 official document authorizing import under this chapter and has paid the
					 applicable fee;
"Board" means the board of agriculture of the department of
					 agriculture;
"Branch" means the plant quarantine branch;
"Chief" means the chief or manager of the plant quarantine
					 branch or a department employee designated by the chief or chairperson;
"Completed permit application" means a permit application
					 submitted by an applicant on the form provided by the department and which
					 contains the required information adequate, in the chief's judgment, for review
					 by the department, and if appropriate, by the advisory subcommittee(s),
					 advisory committee, and board of agriculture;
"Department" means the department of agriculture;
"High risk microorganism" means a microorganism the import
					 of which has been determined to be highly likely to cause significant harm to
					 agriculture, horticulture, the environment, or animal or public health, in the
					 absence of appropriate restrictions or safeguards;
"Importer" means a person who receives for transport or
					 brings or causes to be brought to the State in any manner, any microorganism
					 for the purpose of debarkation or entry;
"Label" means the written, printed, or graphic matter on or
					 attached to the outside of the container of microorganisms with the required
					 markings to cause inspection of the microorganism contained in the
					 shipment;
"Letter of authorization" means an official document in
					 lieu of an import permit or microbial product registration issued by the branch
					 authorizing a specific unlisted microorganism species determined to be a low
					 risk microorganism to enter the State;
"Low risk microorganism" means a microorganism species that
					 is most likely already present in Hawaii, the import of which is not likely to
					 cause additional harm to agriculture, horticulture, the environment, or animal
					 or public health in the absence of restrictions or safeguards, or for which
					 department-imposed restrictions other than the notification, labeling, and
					 inspection requirements of this chapter are not likely to reduce any risks that
					 may be associated with import of the microorganism;
"Microbial product" means a manufactured product containing
					 known cultures of microorganisms for the purpose of bioremediation or
					 bioaugmentation, including a product such as a microbial pesticide;
"Microorganism" means any unicellular microscopic organism
					 including but not limited to algae, bacteria, fungi, protozoa, and
					 viruses;
"Moderate risk microorganism" means a microorganism the
					 import of which has been determined to potentially cause harm to agriculture,
					 horticulture, the environment, or animal or public health, in the absence of
					 appropriate restrictions or safeguards;
"Nonrestricted microorganisms" means any microorganism on
					 the list of nonrestricted microorganisms required to be maintained pursuant to
					 section
					 150A-6.3
					 HRS;
"Permit" means a written document issued by the branch to
					 allow the introduction and possession of a microorganism subject to permit
					 conditions established by rule or the board;
"Permittee" means any person that has applied for and been
					 granted a permit for the introduction and possession of a microorganism under
					 this chapter;
"Person" means any individual, agency, firm, corporation,
					 association, institution, or partnership or any organized group of persons
					 whether incorporated or not;
"Recombinant DNA" means molecules that are constructed
					 outside living cells by joining natural or synthetic deoxyribonucleic acid
					 (DNA) segments to DNA molecules that can replicate in a living cell, or
					 molecules that result from the replication of those described herein;
"Restricted microorganism" means any microorganism on the
					 list of restricted microorganisms required to be maintained pursuant to section
					 150A-6.3
					 HRS;
"Registration" means the process required for import of
					 microbial products containing certain strains of nonrestricted
					 microorganisms;
"Select human pathogens" means species of microorganisms
					 that present high risk to public health and which have oversight by the Centers
					 for Disease Control and Prevention under 42 United States Code of Federal
					 Regulations, section 72.6;
"Site inspection" means department inspection of the
					 facility, equipment, records pertaining to the microorganisms imported under
					 permit, as well as procedures to contain the microorganism;
"Unlisted microorganism" means any microorganism not on the
					 lists of nonrestricted or restricted microorganisms or on the list of select
					 human pathogen microorganisms required to be maintained pursuant to section
					 150A-6.3,
					 HRS.