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 3 - PERMIT CONDITIONS › Section 4-71A-27 - Standard permit conditions

Current through June, 2024
All microorganisms allowed import through permit issued by
					 the chief are subject to the standard permit conditions set forth below,
					 provided that, for each permit, the identity of the microorganism or
					 microorganisms or, alternatively, reference to an attached list of identified
					 microorganisms to be imported, the purpose or purposes for import, permittee's
					 name and address, site including address, and name and title of the person
					 responsible for the particular import shall be inserted, as appropriate, in
					 conditions (1),(2),(4) and (5), respectively:
(1) The microorganisms, _________________,
				  shall be used for_________________, a purpose approved by the chief, and shall
				  not be sold, given, transferred or released in Hawaii, unless approved by the
				  chief in writing;
(2) The
				  permittee, _________________, shall be responsible and accountable for all
				  microorganisms imported, from the time of their arrival to their final
				  disposition;
(3) The microorganisms
				  are subject to the pre-entry requirements of section 4-71A-8 and the inspection
				  requirements of section 4- 71A-9;
(4) The microorganisms shall be safeguarded
				  at
_________________, a site inspected and approved by the
					 branch prior to importation. Removal of the microorganisms to another site
					 shall require site inspection and prior approval by the chief;
(5) The microorganisms shall be
				  maintained by
_________________ as the responsible person or by trained
					 or certified personnel designated by the responsible person;
(6) The permittee shall adhere to the use,
				  facility, equipment, procedures, and safeguards proposed and described in the
				  permit application, as approved;
(7) The approved site, microorganisms, and
				  records pertaining to the microorganisms under permit shall be subject to
				  post-entry inspections pursuant to section 4-71A-16;
(8) The permittee shall immediately report to
				  the chief any theft, accidental release, exposure, or disease outbreaks
				  involving the microorganisms;
(9)
				  Upon completion or termination of the use of the microorganisms, the
				  microorganisms shall be destroyed by autoclaving. In the event autoclaving is
				  not possible, the permittee shall obtain written authorization from the chief
				  for an appropriate alternate method of destruction;
(10) The permittee shall submit an annual
				  report of all the microorganisms imported for the calendar year by January
				  31st of the following year. The report shall include
				  the permit number, scientific name and quantity of each microorganism species
				  imported, and status of use of the microorganisms;
(11) The permittee shall submit a final
				  report on the method of destruction of the microorganism species to the chief
				  within 30 days of completion or termination of the use of the
				  microorganisms;
(12) The permittee
				  shall have available a procedural or safety manual at the time of inspection
				  which identifies the hazards that will or may be encountered, and which
				  specifies practices and procedures designed to minimize or eliminate risks of
				  exposure or contamination;
(13) It
				  is the responsibility of the permittee to comply with any applicable
				  requirements of municipal, state, or federal law pertaining to the
				  microorganisms;
(14) The permittee
				  shall submit to the chief a copy of all valid licenses, permits, certificates
				  or their equivalent required for the operation of the facility where the
				  microorganisms are safeguarded. The permit issued by the chief may be cancelled
				  upon revocation, suspension, or termination of any of the aforementioned
				  documents required for operation of the facility;
(15) Any violation of the permit conditions
				  may result in citation or in cancellation of the permit, or both;
(16) A cancelled permit is invalid and upon
				  written notification from the chief, all microorganisms listed on the permit
				  shall not be imported. In the event of permit cancellation, any microorganism
				  species imported may be moved, seized, treated, quarantined, destroyed, or sent
				  out of state at the discretion of the chief. Any expense or loss in connection
				  therewith shall be borne by the permittee;
(17) The permit conditions are subject to
				  cancellation or amendment at any time due to changes in statute or
				  administrative rules restricting or disallowing import of the microorganisms or
				  due to Board of Agriculture action disallowing a previously permitted use of
				  the microorganisms; and
(18) The
				  permittee shall agree in advance to defend and indemnify the State of Hawaii,
				  its officers, agents, and employees for any and all claims against the State of
				  Hawaii, its officers, agents, or employees that may arise from or be
				  attributable to any of the microorganisms that are introduced under this
				  permit. This permit condition shall not apply to a permittee that is a federal
				  or State of Hawaii entity or employee, provided that the state employee is a
				  permittee in the employee's official capacity.