reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-66 - Fees

Current through June, 2024
(a) The head shall set forth and collect fees
				for licensing of restricted use and nonrestricted use pesticides; permitting of
				restricted use pesticide dealers and dealer representatives; nonchemical pest
				control devices submitted for approval; certification of applicators; and,
				document copying as follows:
(1) A fee of $930
				shall be assessed for each product licensed in the State for each three-year
				licensing period. A licensee who desires to continue to have the license in
				effect shall submit an application for renewal and $930 for each pesticide
				product license to be renewed. A one-time fee of $330 shall be assessed for
				each nonchemical pest control device submitted for approval.
(2) A fee of $500 shall be assessed annually
				for each principal sales outlet permit and a fee of $200 for each branch sales
				outlet of restricted use pesticide dealers.
(3) A fee of $50 shall be assessed for each
				examination taken for certification or renewal of certification.
(4) A fee of $50 will be assessed for the
				issuance of a replacement applicator certificate or replacement of dealer
				representative permit.
(5) A fee of
				$100 shall be assessed for the issuance of an initial pesticide applicator
				certificate or initial restricted use pesticide dealer representative permit,
				which shall be valid for five years.
(6) A fee of $100 shall be assessed for
				renewal of a pesticide applicator certificate or renewal of restricted use
				pesticide dealer representative permit, which shall be valid for five
				years.
(7) A fee of $50 shall be
				assessed for each examination taken for pesticide dealer representative
				permit.
(8) A fee of $.25 per page
				shall be assessed to copy documents in either paper or electronic
				format.
(9) A fee of up to $50 per
				hour may be assessed for educational services, testing, or training provided by
				the department staff, or independent contractors hired by the department to
				provide such services.
(10) A fee
				of up to $100 may be assessed for expedited approval of sponsor or provider
				offered continuing education training classes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-66.1 - Enforcement action and penalty assessment schedule

Current through June, 2024
(a) In proposing enforcement actions, the
				department may use the enforcement action and penalty assessment schedule
				dated, which is appended at the end of this chapter and made a part of this
				section by reference. In selecting an appropriate penalty, the department shall
				consider the factors in section
				149A-41,
				Hawaii Revised Statutes.
(b)
				Notwithstanding subsection (a), the department is not limited to the sanctions
				shown in the enforcement action and penalty assessment schedule. In its
				discretion, the department may deny, cancel, suspend, or revoke a permit,
				license or certificate, as provided in sections
				149A-14,
				149A-18
				and
				149A-34,
				Hawaii Revised Statutes, separately or in conjunction with the enforcement
				action. The department may assess an appropriate penalty as provided in the
				enforcement action and penalty assessment schedule and consistent with sections
				141-7 and
				149A-41,
				Hawaii Revised Statutes.
(c) For
				private applicators and other persons referred to in section
				149A-41(b)(2),
				Hawaii Revised Statutes, the penalty assessment shall apply after the written
				warning or citation requirement of section
				149A-41(b)(2)
				has been satisfied
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-67 - Severability

Current through June, 2024
If any section of this chapter is declared unconstitutional,
				  or the applicability thereof to any person or circumstance is held invalid, the
				  constitutionality of the remainder of this chapter and applicability thereof to
				  other persons and circumstances shall not be affected.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Enforcement Action and Penalty Assessment Schedule

Current through June, 2024
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Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-2 - Definitions

Current through June, 2024
As used in this chapter: "Inoculant" means a substance
				  containing nitrogen fixing bacteria; "Prohibited noxious weed seed" is seed
				  which is prohibited from being present in agricultural and vegetable seed
				  lots;
"Restricted noxious weed seed" is seed which is singly or
				  collectively limited to 32 seeds per pound of agricultural and vegetable
				  seed;
"Seed certification" means the process of regulating the
				  production and labeling of seed to comply with the standards of the official
				  seed certifying agency of the State;
"Treated" means that the seed has received an application of
				  a substance, or that it has been subjected to a process for which a claim is
				  made.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-4 - Limitations on noxious weed seed

Current through June, 2024
No person shall sell, offer, or expose for sale within the
				  State, for planting purposes, agricultural or vegetable seed:
(1) Consisting of or containing prohibited
				noxious weed seed; or
(2)
				Consisting of or containing more than 32 seeds of restricted noxious weed seed
				singly or collectively per pound.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-5 - Labeling requirements

Current through June, 2024
(a) Each container
				of agricultural or vegetable seed sold or offered for sale within the State for
				planting purposes shall bear, or have attached in a conspicuous place, a
				plainly written or printed label or tag in the English language giving the
				following information:
(1) The name and rate
				of occurrence per pound of each noxious weed seed present; and
(2) The net weight, count, or if the seed is
				placed in a germination medium, mat, tape, planting container or other device,
				the minimum number of seed.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-6 - Extension of germination test date

Current through June, 2024
The limitation on the date of test for agricultural and
				  vegetable seed shall be extended to thirty-six months when all of the following
				  conditions have been met:
(1) the seed
				was packaged in a hermetically-sealed container which does not allow water
				vapor penetration through any wall, including the seals, greater than 0.05
				grams of water per twenty-four hours per one hundred square inches of surfare
				at 100° F. with a relative humidity (RH) on one side of ninety per cent and
				on the other side of zero per cent. Water vapor penetration (WVP) is measured
				by the standards of the United States Bureau of Standards as: gm
				H20/24 hour/100 square
				inch/1000 F./90% RH V .0% RH;
(2) The seed was packaged within nine months
				after harvest;
(3) The percentage
				of germination of vegetable seed at the time of packaging was equal to or above
				the standard as provided in § 4-67-14;
(4) The seed in the container does not exceed
				the percentage of moisture, on a weight basis, as listed in Table 1, "Maximum
				Percentage of Moisture Allowable by Weight in a Hermetically-Sealed Seed
				Container," dated June 18, 1992 located at the end of this chapter;
				and
(5) The container is labeled in
				accordance with the labeling requirements of § 4-67-5.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-8 - Tolerances

Current through June, 2024
The tolerance to be applied in all seed testing procedures
				  shall be as adopted by the Association of Official Seed Analysts, "Rules for
				  Testing Seeds,: Vol. 12, No. 3, 1988, revised 1989, 1990 or, if no applicable
				  tolerance is provided therein, as published in the Federal Seed Act
				  regulations, Title 7, Chapter
				  201 of the Code of Federal
				  Regulations, as it existed on January 1, 1991. Tolerances shall not be applied
				  to prohibited noxious weed seed listed in §
									4-67-3.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-14 - Germination standards

Current through June, 2024
Standards for germination of vegetable seeds are found in
				  Table 2, entitled "Germination Standards for Vegetable Seed," dated June 18,
				  1992 located at the end of this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-15 - Seed certification standards

Current through June, 2024
The standards for seed certification shall conform to the
				  standards established by the Associatiuon of Official Seed Certifying Agencies,
				  November 1979 edition and published in its Certification Handbook Publication
				  No. 23 as amended January 1984.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-16 - Service fees

Current through June, 2024
(a) The fee for
				purity analyses for all kinds of seed shall be five dollars ($5.00) per
				analysis.
(b) The fee for noxious
				weed seed examinations for all kinds of seed shall be five dollars ($5.00) per
				examination.
(c) The fee for
				germination tests for all kinds of seed shall be five dollars ($5.00) per
				test.
(d) There shall be no fee
				charged for the testing and analysis of a sample drawn by department personnel
				to determine whether the seed, label, or both are in compliance with the Hawaii
				Seed Law and rules.
(e) The fees
				for seed certification shall be as follows:
(1) Registration fee ... $20.00 per seed
				lot;
(2) Acreage fee.........$2.50
				per acre for each seed lot; and
(3)
				Travel ............. Actual cost of transportation, miscellaneous expenses, and
				the current state per diem.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Section 4-67-17 - Seed License

Current through June, 2024
(a) Application for
				a seed license shall be made on a form provided by the department
(b) The license shall expire on June 30 of
				each year and may be renewed on or before July 1 of each year.
(c) A fee of twenty-five dollars ($25.00)
				shall be assessed for each license.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 67 - SEED RULES › Table 1 - Maximum Percentage of Moisture Allowable by Weight in a Hermetically-sealed Seed Container - June 18, 1992

Current through June, 2024
Agricultural
							 Seed
Percent
Beet, field
							 .................................
7.5
Beet, sugar
							 .................................
7.5
Bluegrass, Kentucky ................
6.0
Clover, crimson
							 ........................
8.0
Fescue, red
							 ................................
8.0
Ryegrass, annual
							 .......................
8.0
Ryegrass, perennial
							 ...................
8.0
All others
							 ..................................
6.0
Vegetable
							 Seed
Bean, garden
							 ................................
7.0
Bean, lima
							 ..................................
7.0
Beet
							 ........................................
7.5
Broccoli
							 ....................................
5.0
Brussels sprouts
							 ............................
5.0
Cabbage
							 .....................................
5.0
Carrot
							 ......................................
7.0
Cauliflower
							 .................................
5.0
Celeriac
							 ....................................
7.0
Celery
							 ......................................
7.0
Chard, Swiss
							 ................................
7.5
Chinese cabbage
							 .............................
5.0
Chives
							 ......................................
6.5
Collards
							 ....................................
5.0
Corn, sweet
							 .................................
8.0
Cucumber
							 ....................................
6.0
Eggplant
							 ....................................
6.0
Kale
							 ........................................
5.0
Kohlrabi
							 ....................................
5.0
Leek
							 ........................................
6.5
Lettuce
							 .....................................
5.5
Muskmelon
							 ...................................
6.0
Mustard, India
							 ..............................
5.0
Onion
							 .......................................
6.5
Onion, Welsh
							 ................................
6.5
Parsley
							 .....................................
6.5
Parsnip
							 .....................................
6.0
Pea
							 .........................................
7.0
Pepper
							 ......................................
4.5
Pumpkin
							 .....................................
6.0
Radish
							 ......................................
5.0
Rutabaga
							 ....................................
5.0
Spinach
							 .....................................
8.0
Squash
							 ......................................
6.0
Tomato
							 ......................................
5.5
Turnip
							 ......................................
5.0
Watermelon
							 ..................................
6.5
All others
							 ..................................
6.0
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-1 - Objectives

Current through June, 2024
The objectives of this chapter are to implement the
				  requirements of chapter
				  152, Hawaii Revised Statutes, and to
				  establish criteria for designation, control, or eradication of noxious
				  weeds.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-2 - Definitions

Current through June, 2024
As used in this part:
"Board" means the board of agriculture;
"Chairman" means the chairman of the board of
				  agriculture;
"Cooperative agreement" means an agreement between the
				  department and the landowner and land occupier for the control or eradication
				  of a noxious weed infestation;
"Head" means the head of the division of plant industry,
				  department of agriculture; and
"Land occupier" means a person who occupies, resides on, or
				  utilizes land or real estate of a landowner.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-3 - Criteria for the designation of noxious weeds for eradication or control projects by the department

Current through June, 2024
Each plant species designated as a noxious weed for
				  eradication and control projects by the department, shall meet all of the
				  criteria in §
									4-68-4 through §
									4-68-8.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-4 - Designation; criteria based on plant reproduction

Current through June, 2024
Reproductive characteristics of noxious weeds are:
(1) A plant species that reproduces by seeds
				capable of being dispersed over wide areas; or
(2) A plant species that reproduces by seeds
				capable of remaining dormant for two years or more; or
(3) A plant species that reproduces by
				tubers, creeping roots, stolons, rhizomes, or other natural vegetative
				means.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-5 - Criteria based on growth characteristics

Current through June, 2024
Growth characteristics of noxious weeds are:
(1) A plant species that is capable of
				competing with cultivated crops for nutrients, water or sunlight; or
(2) A plant species that becomes established
				and forms dense stands in pasture lands, forests, lawns, landscape gardens, and
				recretational areas and conservation districts and is capable of shading and
				crowding our forage plants, native plants, and other desirable
				plants.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-6 - Criteria based on detrimental effects

Current through June, 2024
Detrimental effects of noxious weeds are:
(1) A plant species that is causing or has
				the potential of causing severe production losses or increased control costs to
				the agricultural, horticultural, aquacultural, or livestock industries;
				or
(2) A plant species that is or
				has the potential of endangering native flora and fauna by encroachment in
				forest and conservation areas; or
(3) A plant species that is or has the
				potential of hampering the full utilization and enjoyment of recreational areas
				including forest and conservation areas; or
(4) A plant species that is poisonous,
				injurious, or otherwise harmful to humans or animals.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-7 - Criteria based on control

Current through June, 2024
Control criteria of noxious weeds include:
(1) A plant species that is not effectively
				controlled by present day technology or by available herbicides currently
				registered for use pursuant to chapter
				149A, Hawaii Revised Statutes;
				or
(2) A plant species that is
				effectively controlled only by extraordinary efforts such as repeated
				herbicidal applications at high dosage rates; or
(3) A plant species that is effectively
				controlled only by additional effort over and beyond the normal weed
				maintenance effort required for the production or management of certain crops
				and pasture lands, recreational areas, forest lands, or conservation
				areas.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-8 - Criteria based on distribution and spread

Current through June, 2024
Distribution and spread criteria of noxious weeds are:
(1) A plant species that is not known to
				occur in one or more islands of the State; or
(2) A plant species that is known to occur
				only in incipient stages on less than five acres on one or more islands of the
				State; or
(3) A plant species that
				is known to occur on more than five acres but only in isolated or limited areas
				on one or more islands of the State.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-9 - Criteria for the designation of noxious weeds for control projects by lessees as provided in pasture lease agreement of State lands

Current through June, 2024
Each plant species designated as a noxious weed for control
				  projects by lessees as provided in a pasture lease agreement of State lands
				  shall meet the criteria of §
									4-68-3.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-10 - Procedure for the designation of noxious weeds

Current through June, 2024
(a) The
				head shall direct a continuous program of study and evaluation of potential
				noxious weed species.
(b) Study and
				evaluation of a specific plant species may be initiated by the head or upon
				request by other governmental agencies or private organizations.
(c) When sufficient data have been
				accumulated on a plant species, the head may submit to the board a request for
				designation of the plant species as a noxious weed, pursuant to rule
				adoption.
(d) The plant species
				shall meet the criteria for designation as a noxious weed as provided in §
				4-68-3.
(e) The list of plant
				species designated as noxious weeds, adopted by the board on June 18, 1992, and
				located at the end of this chapter is made a part of this section.
(f) A plant species shall be designated as a
				noxious weed for an eradication or control project by the department or for a
				control project by lessees as provided in State pasture lease agreements upon
				approval by the board.
(g) When the
				head determines that a plant species officially designated as a noxious weed no
				longer meets the criteria for the designation of noxious weed, the head may
				submit to the board a request for aproval to rescind the official designation
				for that plant species, pursuant to rule adoption. The request shall include a
				report with reasons to justify the re-designation.
(h) The official designation of a plant
				species as a noxious weed shall be rescinded upon approval by the
				board.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-11 - Designation of an area declared free or relatively free of a specific noxious weed

Current through June, 2024
(a) The head may
				ecommend to the board the designation of a certain locality, an island, a group
				of islands, or the entire State as being free or relatively free of a specific
				noxious weed when the head determines that:
(1) Infestation of the specific noxious weed
				is not known to occur in the area being considered; or
(2) Infestation of the specific noxious weed
				is known to occur in the area being considered only in an incipient stage that
				could be easily eradicated.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-12 - Forms of cooperative agreements

Current through June, 2024
There shall be four forms of cooperative agreements as set
				  forth in §
									4-68-13 to §
									4-68-16, for the purpose of
				  initiating noxious weed control or eradication projects.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-13 - Form A cooperative agreement

Current through June, 2024
This agreement shall include but not be limited to the
				  following provisions:
(1) The
				department shall provide necessary chemical herbicides, oil carriers, and
				surfactants;
(2) The department
				shall provide consultative, instructional, and supervisory services and shall
				coordinate the project;
(3) The
				landowner or land occupier shall permit authorized personnel of the department
				to enter the infestation area;
(4)
				The landowner or land occupier shall provide, for the purpose of herbicidal
				application, appropriate equipment and adequate personnel at a specified time
				after being given reasonable notice by the department; and
(5) If the landowner or land occupier fails
				to provide the necessary personnel and equipment pursuant to the agreement
				after being given adequate notice in writing, the department shall provide
				necessary personnel by contracting other persons or firms and the landowner or
				land occupier shall be billed for these services by the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-14 - Form B cooperative agreement

Current through June, 2024
This agreement shall include, but not be limited to, the
				  following provisions:
(1) The
				department shall provide appropriate equipment, and adequate personel for the
				purpose of herbicidal applications;
(2) The department shall provide consultative
				services and shall coordinate the project;
(3) The landowner or land occuper shall
				permit authorized personnel of the department to enter the infestation
				area;
(4) The landowner of land
				occupier shall provide necessary chemical herbicides, oil carriers, and
				surfactants at a specified date after being given reasonable notice by the
				department; and
(5) If the
				landowner or land occupier fails to provide the neccessary chemical herbicides,
				oil carriers, and surfactants pursuant to the agreement after being given
				adequate notice in writing, the department shall bill the landowner or land
				occupier for the cost of the chemical herbicides, oil carriers and surfactants
				used for the project by the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-15 - Form C coperative agreement

Current through June, 2024
This agreement shall include, but not be limited to, the
				  following provisions:
(1) The
				department and the landowner or land occupier shall jointly provide on a
				cost-sharing or pro-rata basis, necessary chemical herbicides, oil carriers,
				surfactants, equipment, and personel for the project;
(2) The department shall provide consultative
				services and shall coordinate the project;
(3) The landowner or land occupier shall
				permit authorized personel of the department to enter the infestation area;
				and
(4) If the landowner or land
				occupier fails to provide a share of any of the items mutually agreed upon
				pursuant to the agreement after being given adequate notice in writing, the
				department shall bill the landowner or land occupier for the actual cost of the
				items.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-16 - Form D cooperative agreement

Current through June, 2024
This agreement shall include, but not be limited to, the
				  following provisions:
(1) The
				department shall provide necessary chemical herbicides, oil carriers,
				surfactants, equipment and personnel for the project;
(2) The department shall provide consultative
				services and shall coordinate the project; and
(3) The landowner or land occupier shall
				permit authorized personnel of the department to enter the infestation
				area.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-17 - Procedures for initiating a cooperative agreement

Current through June, 2024
(a) For a
				cooperative noxious weed control or eradication project, the department shall
				initiate either a form A, form B, or form C cooperative agreement provided,
				however, that the department may initiate a form D cooperative agreement with a
				landowner or land occupier who shall not benefit materialy or financially by
				the noxious weed control or eradication project.
(b) A form D cooperative agreement may also
				be initiated when authorized and funded by specific legislation.
(c) The agreement shall take effect after
				both parties mutually agree to abide by the provisions of the agreement and
				after indicating their mutual agrement by the signature of the chairman and the
				landowner or land occupier authorized by the landowner.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-18 - Eradication project

Current through June, 2024
A noxious weed eradication project shall be limited to
				  incipient noxious weed infestations located on an island or portion of an
				  island designated by the department as relatively free of that species. A
				  project shall be initiated by cooperative agreement.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 68 - NOXIOUS WEED RULES › Section 4-68-19 - Control project

Current through June, 2024
(a) Noxious weed
				control projects may be initiated upon widespread established noxious weed
				infestations and shall be limited to infestations on land used for or zones for
				agriculture, horticulture, aquaculture, livestock production, forestry,
				recreational areas, or conservation districts and to the periphery of the
				land.
(b) Control projects shall be
				initiated by cooperative agreement only after the department receives written
				assurance that the landowner or land occupier shall maintain, for a period of
				not less than five years, the level of noxious weed control attained at the
				termination of the project.
(c) The
				control project shall be terminated upon determination by the head that the
				noxious weed infestation has been brought under control, or may be terminated
				with good cause upon mutual agreement by both parties.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 69A - PESTS FOR CONTROL OR ERADICATION › Section 4-69A-1 - Scope of rules

Current through June, 2024
These rules shall govern the criteria and procedures for
				  designation of pests for control or eradication programs on public or private
				  property other than dwellings in the State.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 69A - PESTS FOR CONTROL OR ERADICATION › Section 4-69A-2 - Definitions

Current through June, 2024
As used in this chapter:
"Agricultural industry" means agricultural, horticultural,
				  aquacultural, or livestock industry.
"Board" means the board of agriculture.
"Head" means the head of the division of plant
				  industry.
"Livestock" means farm animals kept for use or profit and
				  includes but is not limited to horses, mules, cattle, sheep, goats, swine, and
				  poultry.
"Noxious weeds" means those plant species determined to be or
				  likely to become injurious, harmful, or deleterious to the agricultural
				  industry, forest and recreational areas, and conservation districts of the
				  State and which are designated and listed as noxious weeds in chapter 4-68,
				  Hawaii Administrative Rules.
"Other pests" means any invertebrate or vertebrate pest
				  harmful to the agricultural industry or vegetation of value, as designated by
				  the board.
"Vegetation of value" means vegetation such as desirable
				  trees, plants, and shrubs.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 69A - PESTS FOR CONTROL OR ERADICATION › Section 4-69A-3 - Criteria to designate pests for control or eradication

Current through June, 2024
(a) Each insect, mite, other pest or plant
				disease designated by the department as a pest for control or eradication
				programs shall meet one or more of the following criteria:
(1) There is a record of economic damage in
				the scientific literature documenting the designated pest's potential for
				injury to the agricultural industries or vegetation of value in the
				State.
(2) The designated pest is
				causing or is about to cause economic loss by damage to a crop or agricultural
				commodity, by adversely affecting marketability, causing a loss in yield, or
				the like.
(3) The designated pest
				transmits plant diseases which cause economic loss to a crop or agricultural
				commodity by adversely affecting marketability, causing a loss in yield, or the
				like.
(4) The designated pest is
				injurious or deleterious to livestock by virtue of being venomous, parasitic,
				or a carrier or reservoir of diseases.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 69A - PESTS FOR CONTROL OR ERADICATION › Section 4-69A-4 - Procedure for the designation of pests for control or eradication

Current through June, 2024
(a) The head shall direct a continuous
				program of study and evaluation of insects, mites, other pests, or plant
				diseases for potential designation as pests.
(b) Study and evaluation of an insect, mite,
				other pest or plant disease for designation as a pest may be initiated by the
				head or, upon request, by other government agencies or private
				organizations.
(c) When sufficient
				data have been accumulated on an insect, mite, other pest, or plant disease to
				warrant designation, the head may submit to the board a request for designation
				as a pest for control or eradication.
(d) The insect, mite, other pest, or plant
				disease shall meet the criteria for designation as a pest, as provided in
				section 4-69A-3.
(e) An insect,
				mite, other pest, or plant disease shall be designated as a pest for control or
				eradication by the department following approval of the designation by the
				board, pursuant to chapter
				91, Hawaii Revised Statutes.
(f) The list of insects, mites, other pests,
				or plant diseases designated as pests, adopted by the board on December 16,
				2008, and located at the end of this chapter, is made a part of this
				section.
(g) When the head
				determines that an insect, mite, other pest, or plant disease officially
				designated as a pest no longer meets the criteria for designation as a pest,
				the head may submit to the board a request to rescind the official designation
				for the pest. The request shall include a report with reasons to justify
				rescission of the designation.
(h)
				For rescission as submitted as outlined in subsection (g) above, the official
				designation of an insect, mite, other pest, or plant disease as a pest shall be
				rescinded following approval by the board, pursuant to chapter
				91, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 69A - PESTS FOR CONTROL OR ERADICATION › Section 4-69A-5 - Control or eradication of noxious weeds; entry of private property

Current through June, 2024
To the extent there may be any conflict between this chapter
				  and chapter 4-68, Hawaii Administrative Rules, control and eradication programs
				  for noxious weeds shall be governed by section
				  152-6,
				  Hawaii Revised Statutes, and chapter 4-68. However, if after following the
				  procedures provided therein, entry to private property other than dwelling
				  places for control or eradication of noxious weed infestations is refused, any
				  member of the department or any agent authorized by the department may gain
				  entry in the same manner as provided in section
				  141-3.6,
				  Hawaii Revised Statutes, for maintenance of any pest control or eradication
				  program."
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-1 - Objective

Current through June, 2024
The objective of this chapter is to implement the
					 requirements of chapter
					 150A, Hawaii Revised Statutes, by
					 restricting or prohibiting the importation of specific plants to minimize the
					 risk of introduction and establishment of insects, diseases, and other pests
					 that would be highly destructive to Hawaii's agricultural industries and forest
					 resources.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-2 - Definitions

Current through June, 2024
As used in this chapter:
"Branch" means the plant quarantine branch;
"Certificate of origin" means an official certificate
					 signed by a plant quarantine official or an agricultural official of the state
					 or foreign country indicating the origin of the respective plant;
"Certificate of treatment" means an official certificate
					 signed by a plant quarantine official or an agricultural official of the state
					 or country of origin; or a commercial certificate issued by a government
					 certified treatment facility, signed by a person authorized or certified to
					 conduct disinfestation treatment in an approved manner with the certificate
					 describing the applicable treatment methods, procedures and dosages;
"Chief" means chief of the plant quarantine branch;
					 and
"Phytosanitary certificate" means an official certificate
					 signed by a plant quarantine official of the state or foreign country of origin
					 indicating pest free conditions of the plants and disinfestation treatments the
					 plants were subjected to.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-3 - Introduction of plants requiring quarantine

Current through June, 2024
(a) Plants
				  requiring quarantine with appropriate permits issued pursuant to applicable
				  sections of this chapter shall be delivered to the inspector at the port of
				  entry when the plants are being introduced by cargo, passenger baggage, or hand
				  carried package.
(b) Packages of
				  subject plants being introduced by United States Postal Services, United Parcel
				  Service (UPS), or other commercial service, shall be addressed to the State
				  plant quarantine office of the respective island on which the plants shall be
				  held in quarantine.
(c) Plants
				  shall be held in quarantine in a State quarantine facility or a private,
				  approved " quarantine facility.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-4 - Approved quarantine facility

Current through June, 2024
(a) An approved
				  facility for the quarantine of plants is one which a certificate of approval
				  has been obtained from the chief attesting proper and adequate construction to
				  prevent the escape of an insect, a disease, or other pest.
(b) An approved certification shall remain
				  valid as long as the facility is maintained in good serviceable condition.
				  Certification may be revoked if the house falls into disrepair and is no longer
				  serviceable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-5 - Operation of a quarantine facility

Current through June, 2024
(a) The operation
				  of all quarantine facilities shall be under the direct supervision of the chief
				  and shall be locked at all times except for entry by the owner or other duly
				  authorized persons.
(b) During the
				  period of quarantine, the plants shall be inspected as often as necessary by
				  the branch for the detection of any insect, disease, or other pest.
(c) The department may order the chemical
				  treatment or complete destruction of the plant material if at any time during
				  the period of quarantine, a destructive insect, disease, or other pest has
				  manifested itself.
(d) All expenses
				  in connection with the introduction and quarantine of plants shall be borne by
				  the owner of the plants.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-6 - Duration of quarantine

Current through June, 2024
Unless otherwise specified for specific plants in
					 subsequent subchapters, the duration of quarantine shall be one year provided
					 that the board may exempt or shorten the period of quarantine under certain
					 conditions of importation or propagation procedure.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-7 - Disinfestation treatments

Current through June, 2024
(a) Disinfestation
				  treatments shall consist of treating or exposing the subject material to
				  fumigation, heat (dry or steam), freezing, pesticides, or other chemicals under
				  procedures approved by the chief.
(b) Currently approved treatment procedures
				  shall be printed and made available to interested persons at branch
				  offices.
(c) Fumigation, when
				  required for commercial importations introduced in violation of §§
				  4-70-19, 4-70-20, 4-70-23, 4-70-36, 4-70-42, and 4-70-50, shall be conducted
				  separately from scheduled export fumigation.
(d) Fumigation for commercial importations
				  shall be conducted on an un-scheduled basis and subject to availability of
				  facility and personnel.
(e)
				  Fumigation, when required for commodities introduced by private individuals in
				  small lots such as by air baggage, may be conducted concurrently with scheduled
				  export fumigation subject to availability of the facility.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 4-70-8 - Import service fees

Current through June, 2024
(a) A fee for
				  scheduled fumigation shall be for each lot two dollars for vault use fee plus
				  an additional charge of twenty cents for each cubic foot with no proration of
				  fees.
(b) A fee for unscheduled
				  fumigation shall be twenty cents per cubic foot for sixty percent volume
				  capacity of the vault or tank in use, with no proration of fees.
(c) For unscheduled fumigation requiring the
				  services of personnel beyond official hours, an additional fee shall be
				  assessed which shall include applicable charges for overtime wages, fixed
				  charges for personnel services, and meals.
(d) A fee for the use of a quarantine house
				  operated by the branch shall be five dollars per room per month.
(e) A storage fee of twenty-five cents per
				  cubic foot per day may be charged for commodities stored at any branch office,
				  forty-eight hours after written notification.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 2 - INTRODUCTION OF SUGARCANE AND GRASSES › Section 4-70-9 - Notice of quarantine

Current through June, 2024
The board has determined that there exists serious danger
					 to the sugarcane industry and the agriculture of Hawaii from the introduction
					 of sugarcane moth borers (
Diatraea
saccharalis
fab. and
Castnia
licoides
Boisd.), smut
					 (
Ustilago
scitaminea
Syd.),
					 viruses (mosaic), and other insects and diseases of sugarcane and members of
					 the grass family (gramineae), that are not now established in Hawaii.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 2 - INTRODUCTION OF SUGARCANE AND GRASSES › Section 4-70-10 - Prohibited introductions

Current through June, 2024
(a) The
				  introduction of any sugarcane plant (any species of the genus saccharum) or
				  part thereof into Hawaii in any manner is prohibited except by approved permit
				  issued in accordance with § 4-70-11.
(b) The introduction of plants of all other
				  genus in the grass family and plant parts thereof is prohibited except:
(1) Corn, sorghum, sudan grass, and broom
				  corn which are regulated in subchapter
				  11;
(2) Dried non-living plant
				  materials;
(3) Seeds; and
(4) By approved permit issued in accordance
				  with § 4-70-11.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 2 - INTRODUCTION OF SUGARCANE AND GRASSES › Section 4-70-11 - Permit

Current through June, 2024
Upon written request, a permit may be issued by the chief
					 authorizing the introduction of a limited quantity of a special variety or
					 varieties of sugarcane or other grass plants for propagation under the plant
					 quarantine branch's supervision in a strictly enforced quarantine pursuant to
					 §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 3 - INTRODUCTION OF PINEAPPLE AND OTHER BROMELIADS › Section 4-70-12 - Notice of quarantine

Current through June, 2024
The board has determined that there exists serious danger
					 to the pineapple industry of Hawaii from the introduction of thrips
					 (
Frankliniella
moultoni
Hood), pineapple borers (
Metamasius
spp. and
Strymon
basilides
(Geyer)),
					 mealybugs (
Dysmicoccus
spp.), and other insects, and
					 diseases of pineapple and bromeliaceous plants, that are not now establishes!
					 in Hawaii.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 70 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES › Subchapter 3 - INTRODUCTION OF PINEAPPLE AND OTHER BROMELIADS › Section 4-70-13 - Prohibited introductions

Current through June, 2024
(a) The
				  introduction into Hawaii of any pineapple plant (any species in the genus
				  Ananas), seed, or other plant part thereof, is prohibited except by approved
				  permit in accordance with section 4-70-14.
(b) The introduction of plant and plant parts
				  of all other genera than Ananas in the family Bromeliaceae is prohibited
				  except:
(1) Seeds;
(2) Tissue cultured plants in a completely
				  enclosed sterile container;
(3)
				  Dried non-living materials; and
(4)
				  By approved permit in accordance with section 4-70-14.