reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 71 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE NON-DOMESTIC ANIMAL IMPORT RULES › Subchapter 2 - NON-DOMESTIC ANIMAL INTRODUCTIONS › Section 4-71-8 - Bonding procedure

Current through June, 2024
(a) When required
				  in this chapter, the bonding of animals shall be by-cashier's check, or cash
				  secured with the department.
(b) An
				  appropriate individual bond shall be secured with the department for the sum of
				  three thousand dollars for each animal except as provided for in subsection
				  (c).
(c) An appropriate individual
				  bond shall be secured with the. department for the sum of two thousand dollars
				  for each animal for owners holding ' valid United States Department of
				  Agriculture licenses under the Animal Welfare Act.
(d) A cashier's check or cash secured with
				  the department as a bond, shall be returned to the owner without interest, upon
				  verification of the death or exportation of the animal, or the transfer or sale
				  of the animal to a new owner who has secured the necessary bond and permit in
				  advance of the transfer.
(e)
				  Government organizations, such as municipal zoos, and animal sanctuaries
				  determined by the United States Internal Revenue Service to be not-for-profit
				  entities are exempt from the bonding requirements of this section.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 71 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE NON-DOMESTIC ANIMAL IMPORT RULES › Subchapter 2 - NON-DOMESTIC ANIMAL INTRODUCTIONS › Section 4-71-9 - Conditions for bonding

Current through June, 2024
An owner, dealer, or organization shall import and maintain
					 bonded animals under the following conditions:
(1) The owner, dealer, or organization shall
				  submit information to the chief with respect to the number, sex, if
				  determinable, and species of animal;
(2) The animal shall be kept in captivity and
				  as required by permit conditions at all times;
(3) The chief shall be notified immediately
				  upon the escape of any bonded animal;
(4) The chief shall be notified immediately
				  upon the death of the bonded animal and the carcass shall be presented
				  immediately to the state veterinarian or his designate for examination and
				  verification;
(5) Out-of-state
				  movement of a bonded animal shall be verified by an inspector in advance of the
				  movement and after prior arrangements for verification have been made with the
				  chief;
(6) An animal may be sold or
				  given away in Hawaii only to persons who have secured an appropriate bond with
				  and acquired a permit from the department prior to the sale or
				  transfer;
(7) A bond or cashier's
				  check in the appropriate amount required under section 4-71-8 shall be kept in
				  full force and effect;
(8) The
				  owner, dealer, or organization shall report to the chief the birth of and
				  secure an appropriate bond and permit for any offspring within thirty calendar
				  days of the birth;
(9) The owner,
				  dealer, or organization shall report to the chief any change of mailing address
				  and related contact information within seven business days of the change;
				  and
(10) The owner, dealer, or
				  organization possessing a valid United States Department of Agriculture license
				  under the Animal Welfare Act shall report to the chief any suspension,
				  revocation, or expiration of the required federal license within seven business
				  days of the license status change.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 71 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE NON-DOMESTIC ANIMAL IMPORT RULES › Subchapter 2 - NON-DOMESTIC ANIMAL INTRODUCTIONS › Section 4-71-10 - Failure to comply with bond conditions

Current through June, 2024
(a) The department
				  may seize the bonded animal, and foreclose on the bond or retain such sums
				  secured by cash or cashier's check upon failure of the owner to comply with the
				  bonding conditions in section 4-71-9.
(b) Should the bonded animal escape, the
				  owner shall take necessary action to recapture the animal. If the owner fails
				  to recapture the animal within one week after escape or when the animal becomes
				  a nuisance or poses a serious threat to the community, the department may
				  employ its resources to recapture the animal after due notice to the owner. The
				  owner shall be held responsible for the cost incurred by the
				  department.
(c) Any bonded animal
				  that is captured after escape or seized pursuant to section 4-71-10 may be sold
				  at a private sale, shipped out state, donated to a government agency, or
				  destroyed no sooner than fifteen days after cancellation of the bond.
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-1 - Objective

Current through June, 2024
The board, while mindful of the benefit to the State of
					 allowing import of microorganisms for purposes such as scientific and medical
					 research, biotechnology and commerce, recognizes the concomitant necessity for
					 regulating importation of microorganisms in order to protect important State
					 interests. The objective of this chapter is to implement the requirements of
					 chapter
					 150A, HRS, with respect to
					 microorganisms by regulating the importation of specific microorganisms that
					 are detrimental or potentially harmful to agriculture, horticulture, animal or
					 public health, or natural resources, including native biota, or have an adverse
					 effect on the environment as determined by the board of
					 agriculture.
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-3 - Importation of microorganisms, generally

Current through June, 2024
(a) The
				  introduction into Hawaii of any microorganism shall require, at a minimum, a
				  request for import, approval for the import in advance of shipment, and
				  compliance with the notification, labeling, and inspection requirements of
				  sections 4-71A-4, 4-71A-8, and 4-71A-9. Failure to comply with these
				  requirements is sufficient cause for refusal to allow entry of the
				  microorganism into the State.
(b)
				  In addition to the requirements of subsection (a), import into Hawaii and
				  possession of a microorganism is allowed only as provided below for each
				  respective category and requires:
(1) A
				  written request for import pursuant to section 4-71A-4 and as provided in
				  section 4-71A-24, for a microorganism species on the list of nonrestricted
				  microorganisms;
(2) A permit, for a
				  microorganism species on the list of restricted microorganisms, Part A or Part
				  B, as provided in sections 4-71A-4, 4-71A-7 and, as applicable, sections
				  4-71A-21 and 4-71A-22;
(3) A
				  special permit or letter of authorization, according to risk level, for an
				  unlisted microorganism species, as provided in section 4-71A-4 and
				  4-71A-25;
(4) An emergency permit,
				  for an unlisted microorganism species or a microorganism species on the list of
				  restricted microorganisms in an emergency or disaster situation, as provided in
				  section 4-71A-12; and
(5)
				  Notification to the department of health of entry for possible department of
				  health inspection and monitoring, for a microorganism species on the list of
				  select human pathogens, as provided in section 4-71A-23.
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-4 - Request for importation

Current through June, 2024
(a) Except as
				  otherwise provided for microbial products, a request to import a microorganism
				  species, regardless of whether listed for import or unlisted, shall be
				  submitted to the chief with the following information:
(1) Importer's reason for importing the
				  specific microorganism into the State;
(2) A request that the department inspect the
				  microorganism upon arrival in the State;
(3) An agreement to be responsible for all
				  costs, charges, or expenses incident to the inspection or treatment of the
				  imported microorganisms;
(4) A
				  waiver of all claims for damages incident to the inspection or the fumigation,
				  disinfection, quarantine, or destruction of the microorganism, if any treatment
				  is deemed necessary;
(5) Name,
				  complete address, telephone, and facsimile numbers of the shipper and
				  importer;
(6) Quantity, common and
				  scientific names (genus and species names unless not yet classified) of each
				  microorganism;
(7) Description of
				  each species of microorganism including whether or not the microorganism is a
				  recombinant DNA strain;
(8) Mode of
				  transportation; and
(9) Approximate
				  date of arrival.
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-5 - Application review

Current through June, 2024
(a) Upon receipt of
				  a completed application for import of a nonrestricted microorganism species
				  from cultured stock or a select human pathogen microorganism species, the
				  branch shall verify the list placement of the requested microorganism and, if
				  appropriate under section 4-71A-24 and 4-71-23, respectively, shall give
				  permission to import without permit, fee, or board review, subject to
				  satisfaction of pre-entry and inspection requirements.
(b) The chief, without submitting a permit
				  application to the board, may approve or disapprove the issuance of a permit
				  for import of a microorganism other than one listed in section 4-71A-6(1)-(5),
				  based on a past board decision relating to the same species and strain of
				  microorganism if the current application presents substantially the same
				  circumstances of importation, provided that the respective permit conditions
				  previously established by the board shall apply if the permit is
				  approved.
(c) A permit application
				  for import of a microorganism species that was previously disapproved by the
				  board may be resubmitted for board action as provided in section 4-71A-7 upon
				  determination by the chief that conditions for importation are substantially
				  different from the previously disapproved request.
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-6 - Permit requiring board action

Current through June, 2024
Board action, as well as prior review by the advisory
					 subcommittee(s) and the advisory committee on plants and animals pursuant to
					 section 4-71A-7, are required for requests
					 to import the following:
(1) A
				  microorganism species on the list of restricted microorganisms (Part
				  A);
(2) A microorganism species on
				  the list of restricted microorganisms (Part B) or an unlisted microorganism if
				  either are to be imported for purposes other than those described in
				  subsections 4-71A-22(c) (1), (2), or (3);
(3) A strain of a microorganism on the list
				  of restricted microorganisms (Part B) that is likely to increase the risk level
				  above that of a moderate risk microorganism;
(4) An unlisted microorganism species
				  determined by the department to be a high risk microorganism; and
(5) Any microorganism species not from
				  cultured stock.
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-7 - Processing permit applications requiring board action

Current through June, 2024
(a) The applicant shall provide the chief
				  with seven copies of the application together with information required by
				  section 4-71A-4.
(b) The chief
				  shall compile the information submitted by the applicant and send it to the
				  members of the appropriate advisory subcommittee(s) for review.
(c) The comments and recommendations of the
				  advisory subcommittee(s) shall be compiled and sent to the advisory committee
				  on plants and animals for review.
(d) The comments and recommendations of the
				  advisory subcommittee(s), the advisory committee on plants and animals,
				  including the committee's votes, and of the chief shall be compiled and
				  submitted to the board at its regular scheduled meeting.
(e) The board shall take action to approve or
				  disapprove the permit application.
(f) The board may impose permit conditions
				  including but not limited to, time, place, location, use, special precautions,
				  health requirements, and requirements for safeguarding the microorganism from
				  escape, unauthorized release, or theft, as well as any applicable requirements
				  of municipal, state, or federal law.
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-8 - Pre-entry requirements

Current through June, 2024
(a) The importer is
				  responsible for assuring that all parcels or containers of microorganisms for
				  import are marked as follows:
(1) Any
				  microorganism imported into Hawaii by mail or air express as individual parcels
				  shall be plainly and legibly marked on the outer packaging, "Live Organism" and
				  "This Parcel May be Opened and Delayed for Agriculture Inspection. Infectious
				  microorganisms affecting humans and animals shall be packaged and labeled or
				  marked in accordance with the transport requirements of the U.S. Department of
				  Transportation 49 CFR Parts 171 - 180 and the U.S. Department of Health and
				  Human Services 42 CFR part 72; or
(2) Any microorganism imported into Hawaii by
				  means other than in subsection (a)(1), shall be accompanied by a bill of
				  lading, waybill or other shipping document that is plainly and legibly marked
				  "Agriculture Inspection Required".
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-9 - Inspection upon entry

Current through June, 2024
(a) All
				  microorganisms shall enter the State through the port of Honolulu except that
				  the chief may, in the chief's discretion, allow import of a microorganism
				  through another port in order to avoid unnecessary delay and expense when the
				  shipment has been misrouted there through no fault of the importer, provided
				  that the department's pre-entry inspection can be adequately carried out at the
				  alternate port.
(b) The importer or
				  transportation company, as applicable, shall notify the chief, in writing,
				  immediately upon arrival of the microorganism, of the arrival, giving the
				  following information:
(1) Waybill
				  number;
(2) Container
				  number;
(3) Name and address of the
				  consignor;
(4) Name and address of
				  the consignee or the consignee's agent in the State;
(5) Number of packages;
(6) Description of contents of each
				  package;
(7) Port of entry;
				  and
(8) Other pertinent information
				  determined necessary by the chief.
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-10 - Site Inspection

Current through June, 2024
(a) Site inspection
				  and approval by the department are required before a permit is
				  issued.
(b) The site shall be in
				  compliance with the following:
(1) Use,
				  facility, equipment, procedures, and safeguards proposed and described in the
				  import request, as approved by the board or chief; and
(2) Permit conditions.
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-11 - Permits

Current through June, 2024
(a) A permit for import and possession of a
				  microorganism shall be obtained in advance of importation and shall be:
(1) Valid for the period designated on the
				  face of the permit; and
(2)
				  Nontransferable, unless otherwise specified in the permit.
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-12 - Emergency permit

Current through June, 2024
(a) The department
				  may issue an emergency permit on a case-by-case basis to a state or federal
				  agency or state university to allow import and possession of a microorganisms
				  on the list of restricted microorganisms or an unlisted microorganism for the
				  purpose of remediating any emergency or disaster affecting agriculture,
				  horticulture, the environment, or animal or public health; provided that:
(1) The board, without advisory committee
				  review, first obtains advice from qualified persons with relevant
				  expertise;
(2) The board determines
				  that import in less time than is required for issuance of a permit or special
				  permit by the board pursuant to sections 4-71A-21, 4-71-22 and 4-71A-25, as
				  applicable, is necessary to remediate the emergency or disaster; and
(3) The board determines that the importer is
				  able to meet conditions established by the board.
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-13 - Permit amendment

Current through June, 2024
(a) An importer who
				  requests a change to a permit including permit conditions shall submit to the
				  chief the following:
(1) A statement
				  requesting amendment of the permit or permit conditions;
(2) A photocopy of the valid permit with the
				  desired exact changes clearly indicated on the photocopy;
(3) An explanation of the requested change or
				  changes;
(4) Supporting
				  documentation; and
(5) Any other
				  documented information determined by the chief to be necessary.
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-14 - Permit cancellation

Current through June, 2024
The chief may cancel a permit for any of the following
					 reasons:
(1) Noncompliance with a
				  permit condition;
(2) A change in
				  statute or administrative rule restricting or disallowing import of the
				  microorganism or board action disallowing a previously allowed use of the
				  microorganism;
(3) A citation
				  issued to the permittee for a violation involving import or possession of a
				  microorganism or both; or
(4) Upon
				  written request by the permittee.
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-15 - Permit renewal

Current through June, 2024
(a) A request to
				  renew a permit shall be made within two months prior to the date of permit
				  expiration.
(b) The importer shall
				  submit a request to renew a permit on the renewal form provided by the
				  department and shall include the following information:
(1) A statement requesting renewal of the
				  permit, listing the permit and date of expiration;
(2) A statement verifying that the request
				  for permit renewal is for further import of the same species of microorganisms
				  for the same purpose and using the same facility, equipment, procedures, and
				  safeguards previously submitted by the importer and as approved by the chief or
				  board; and
(3) An agreement by the
				  importer to comply with permit conditions.
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-16 - Post-entry inspection

Current through June, 2024
(a) Microorganisms
				  imported under permit shall be subject to periodic inspection by the
				  branch.
(b) At a post-entry
				  inspection, the permittee shall make available for inspection the
				  microorganism, records pertaining to the microorganism imported under permit,
				  equipment, and facility upon request by the chief.
(c) Post-entry inspections are subject to
				  user fees pursuant to section 4-71A-19.
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-17 - List amendment by order

Current through June, 2024
(a) By order, the
				  board may adopt additions to or deletions from the lists of microorganisms
				  without regard to the notice and public hearing requirements of chapter
				  91, HRS; provided that thirty days or
				  more prior to the effective date of the order, the department shall issue a
				  press release and mail notices to the Office of Environmental Quality Control
				  for publication and to all persons who have made a timely written request of
				  the department for advance notice of the order or the department's rulemaking
				  proceedings. The press release and the notice shall include:
(1) A statement summarizing the substance of
				  the proposed order which may include examples of the kinds of microorganisms
				  being added to or deleted from the lists required under section
				  150A-6.3,
				  HRS;
(2) A statement that a copy of
				  the proposed order and the proposed exact changes will be mailed to any
				  interested person who requests a copy upon payment in advance of costs for
				  photocopying, preparing, and mailing the copy;
(3) A statement as to where to obtain a copy
				  of the proposed order and the proposed exact changes for inspection, or for
				  pick-up after payment in full of costs for photocopying and preparing;
				  and
(4) A statement that the
				  department is soliciting comments regarding the proposed order during the next
				  thirty days, where comments may be forwarded to, and where the proposed order
				  will be discussed.
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-18 - Maximum time period for permit approvals, disapprovals, extensions, or automatic approvals

Current through June, 2024
(a) Pursuant to the
				  requirements of chapter
				  91, HRS, the department shall
				  establish the following maximum time periods for the processing of permit
				  requests after acceptance of a completed permit application and payment of
				  applicable fees pursuant to sections 4-71-4 and 4-71-19:
(1) For microorganism species for which the
				  chief is authorized to approve a permit, i.e., restricted list (Part B)
				  microorganisms for purposes provided in Section 4-71A-22(c)(1),(2), and (3),
				  the chief may approve or disapprove the issuance of a permit within 90 days;
				  and
(2) For microorganisms
				  requiring board action as provided in section 4-71A-6, the board may approve or
				  disapprove the issuance of a permit within 180 days.
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-19 - User fees

Current through June, 2024
(a) The fee to
				  process permits or permit renewals for import of an unlisted microorganism or a
				  microorganism on the list of restricted microorganisms shall be as follows:
(1) Five dollars per permit for a single
				  shipment within one year from date of issuance or within a calendar year;
				  or
(2) Fifty dollars per permit for
				  unlimited shipments within one year from date of issuance or within a calendar
				  year.
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-20 - Violations

Current through June, 2024
Any person who violates any provision or requirement of
					 this chapter or of any notice given pursuant thereto, shall be subject to the
					 penalties provided for under section
					 150A-14, HRS.
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 2 - INTRODUCTION OF MICROORGANISMS › Section 4-71A-21 - List of restricted microorganisms, Part A

Current through June, 2024
(a) The
				  list of restricted microorganisms, Part A, is comprised of microorganisms
				  classified as high risk microorganisms.
(b) The list of microorganisms designated as
				  restricted, Part A, dated October 25, 2001, is located at the end of this
				  chapter and made a part of this section.
(c) The introduction into Hawaii and
				  possession of a microorganism on the list of restricted microorganisms, Part A,
				  shall be by permit approved by the board pursuant to sections 4-71A-4 and
				  4-71A-7 and subject to permit conditions established by the board as further
				  provided in section 4-71A-26.
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 2 - INTRODUCTION OF MICROORGANISMS › Section 4-71A-22 - List of restricted microorganisms Part B

Current through June, 2024
(a) The
				  list of restricted microorganisms, Part B, is comprised of microorganisms
				  classified as moderate risk microorganisms.
(b) The list of microorganisms designated as
				  restricted, Part B, dated October 25, 2001, is located at the end of this
				  chapter and made a part of this section.
(c) The introduction into Hawaii and
				  possession of a microorganism on the list of restricted microorganisms, Part B,
				  may be allowed by permit approved by the chief for the following purposes:
(1) Laboratory studies, analyses, or
				  diagnostics excluding manufacturing or production;
(2) Plant or soil inoculation studies in a
				  laboratory or growth chamber; or
(3) Cultivation of algal, cyanobacterial and
				  photosynthetic bacterial species in a closed or semi-closed system such as a
				  photobioreactor.
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 2 - INTRODUCTION OF MICROORGANISMS › Section 4-71A-23 - List of select human pathogens

Current through June, 2024
(a) The list of
				  microorganisms designated as select human pathogens, dated October 25, 2001, is
				  located at the end of this chapter and made a part of this section.
(b) The introduction into Hawaii and
				  possession of a microorganism on the list of select human pathogens is allowed
				  without permit issued by the department subject to branch approval for the
				  import in advance of shipment, and satisfaction of pre-entry and inspection
				  requirements and further provided that:
(1)
				  The importer submits to the chief in advance of shipment a valid certificate
				  issued by the CDC, for the movement of a species cited in Appendix A of the CDC
				  List of Select Agents at 42 United States Code of Federal Regulations, section
				  72.6; or
(2) The importer is a
				  clinical laboratory certified under the Clinical Laboratory Improvement
				  Amendments of 1988, (42 United States Code of Federal Regulations, section
				  263a) that utilizes microorganisms on the list of select human pathogens for
				  diagnostic, reference, verification, or proficiency testing purposes and is
				  exempt from 42 United States Code of Federal Regulations, section
				  72.6.
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 2 - INTRODUCTION OF MICROORGANISMS › Section 4-71A-24 - List of nonrestricted microorganisms

Current through June, 2024
(a) The list of
				  nonrestricted microorganisms is comprised of microorganisms classified as low
				  risk.
(b) The list of
				  microorganisms designated as nonrestricted, dated October 25, 2001, is located
				  at the end of this chapter and made a part of this section.
(c) Nonrestricted microorganisms imported for
				  purposes and uses which, in the chief's judgment, are not likely to increase
				  the level of risk above that of a low risk microorganism as defined in section
				  4-71A-2 may be imported into the State without a permit provided that:
(1) The importer files a written statement
				  with the chief on a form provided by the department, pursuant to section
				  4-71A-4; and the branch confirms that the microorganism requested for import is
				  on the list of nonrestricted microorganisms and is from cultured stock;
				  and
(2) The microorganism meets the
				  pre-entry and inspection requirements of section 4-71A-8 and 4-71-9,
				  respectively.
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 2 - INTRODUCTION OF MICROORGANISMS › Section 4-71A-25 - Unlisted microorganisms

Current through June, 2024
(a) The
				  introduction into Hawaii and possession of a microorganism not on any of the
				  lists of microorganisms included in this chapter may be allowed based on the
				  department's determination of the level of risk presented by the microorganism
				  requested for import and its proposed use as provided below.
(b) An unlisted microorganism that is
				  determined by the department to be a low risk microorganism may be allowed
				  import by a letter of authorization issued by the chief without advisory
				  committee review or board approval.
(c) An unlisted microorganism that is
				  determined by the department to be a moderate risk microorganism may be allowed
				  import by special permit approved by:
(1) The
				  chief without advisory committee or board approval, provided that the
				  microorganism is for laboratory studies, diagnostics, and analyses, excluding
				  manufacture or production; plant or soil inoculation studies in the laboratory
				  or growth chamber; or cultivation of algal, cyanobacterial and photosynthetic
				  bacterial species in a closed or semi-closed system such as photobioreactor;
				  provided the importer can comply with permit conditions in section 4-71A-27,
				  and if applicable, section 4-71A-2 8; or
(2) The board, with advisory committee
				  review, if the microorganism is for purposes other than those listed in
				  subsection (c)(1), provided that, the importer can comply with permit
				  conditions established by the board.
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-26 - Permit conditions

Current through June, 2024
(a) The importation
				  and possession of a microorganism by permit shall be subject to conditions
				  appropriate to eliminate or minimize the risks otherwise associated with the
				  microorganism and its use.
(b)
				  Permit conditions established by rule or by the board include, but are not
				  limited to, restrictions as to time, place, location and use, special
				  precautions, health requirements, and requirements for safeguarding the
				  microorganism from escape, unauthorized release, or theft, as well as any
				  applicable requirements of municipal, state, or federal law.
(c) The permittee shall comply with the
				  requirements of this chapter, chapter
				  150A, HRS, standard permit
				  conditions and, if applicable, supplemental permit conditions established
				  herein or, if the permit requires board action, with permit conditions
				  established by the board.
(d) When
				  an applicant whose request would not otherwise require board action is unable
				  to comply with a permit condition established by rule, the chief in his
				  discretion may forward the request for advisory committee review and board
				  action.
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-28 - Supplemental permit conditions

Current through June, 2024
The following supplemental permit conditions are
					 established for import of microorganism species on the list of restricted
					 microorganisms, Part B, according to the respective import purpose or
					 use:
(1) For laboratory studies,
				  diagnostics and analyses: the permittee shall comply with the Centers for
				  Disease Control and Prevention and National Institutes of Health Biosafety
				  Level 2 guidelines for laboratory facility, safety equipment, standard
				  microbiological practices and special practices as found in the current edition
				  of the
Biosafety in Microbiological and Biomedical Laboratories;
or
(2) For plant or soil
				  inoculation studies in a laboratory or growth chamber:
(A) The permittee shall collect and disinfect
				  the runoff prior to disposal into a waste disposal system approved by the
				  branch; and
(B) Upon completion or
				  termination of the use of the restricted articles, the inoculated materials
				  shall be destroyed or sterilized by autoclaving.
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 4 - INTRODUCTION OF MICROBIAL PRODUCTS › Section 4-71A-29 - Introduction of a microbial product

Current through June, 2024
(a) The
				  introduction into Hawaii and possession of a microbial product is allowed only
				  as provided below.
(b) A microbial
				  product containing only microorganisms on the list of nonrestricted
				  microorganisms, including recombinant DNA strains determined by the department
				  to be low risk, may only be imported into the State through a registration with
				  the branch. A microbial product containing recombinant DNA strains of
				  nonrestricted microorganisms other than strains determined by the department to
				  be low risk shall require a permit for import subject to meeting the
				  requirements of sections 4-71A-4 and, if applicable, 4-71A-7 and
				  4-71A-10;
(c) A microbial product
				  containing only unlisted microorganism species determined by the department to
				  be low risk microorganisms may be allowed import by letter of authorization
				  subject to meeting the requirements of section 4-71A-4;
(d) A microbial product containing only one
				  or more unlisted microorganism species other than species determined by the
				  department to be low risk microorganism(s) may be allowed import by permit
				  subject to meeting the requirements of sections 4-71A- 4, and if applicable,
				  4-71A-7 and 4-71A-10; and
(e) A
				  microbial product containing only microorganisms on both the lists of
				  nonrestricted and restricted microorganisms may be allowed import by permit
				  pursuant to sections 4-71A-4, and if applicable, 4-71A-7 and
				  4-71A-10.
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 4 - INTRODUCTION OF MICROBIAL PRODUCTS › Section 4-71A-30 - Microbial product registration

Current through June, 2024
(a) A request to
				  register a microbial product for import into the State shall be submitted to
				  the chief on the department application form in advance of shipment, providing
				  the information required in section 4-71A-4(a)(3),(4),(5),(7),(8) and (9), as
				  well as the following additional information:
(1) A request to introduce a microbial
				  product into the State under registration;
(2) A request that the department inspect the
				  microbial product upon arrival in the State;
(3) Quantity of each microbial product and
				  scientific (genus and species) name of the microorganisms contained in each of
				  the microbial products;
(4)
				  Material safety data sheet and label that includes the name, brand, or trade
				  mark, ingredient statement, directions for use, and caution or warning
				  statement, name and address of the manufacturer or person for whom
				  manufactured; and
(5) Description
				  of the method of disposal for the microbial product.
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 4 - INTRODUCTION OF MICROBIAL PRODUCTS › Section 4-71A-31 - Conditions of registration

Current through June, 2024
(a) Registered
				  microbial products shall be allowed import for distribution, sales, or
				  individual use.
(b) Registered
				  microbial products shall be used in accordance with the product
				  label.
(c) The registrant shall
				  immediately notify the chief in writing of any changes made to the registered
				  microbial product including to the microorganisms contained in the product,
				  product label and use of the product. The written notification shall be
				  submitted to chief in advance of shipment.
(d) Microbial products imported into the
				  State are subject to pre-entry and inspection requirements pursuant to §
				  4-71A-8 and § 4-71A-9.
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 4 - INTRODUCTION OF MICROBIAL PRODUCTS › Section 4-71A-32 - Registration renewal

Current through June, 2024
(a) Registration of
				  a microbial product may be renewed only when there are no changes in or to the
				  microorganisms contained in the microbial product, product label, or the use of
				  the product as previously registered.
(b) The chief may disapprove a request for
				  renewal of registration for the following reasons:
(1) Changes declared on the request for
				  registration renewal are, in the chief's judgment, sufficiently significant to
				  require a new registration; or
(2)
				  The registrant has not deposited or paid bail with respect to any summons or
				  citation issued to the registrant as of the date of the chief's action on the
				  request.
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 4 - INTRODUCTION OF MICROBIAL PRODUCTS › Section 4-71A-33 - Cancellation of registration

Current through June, 2024
The chief may cancel the registration of a microbial
					 product for any of the following reasons:
(1) Any violation of the conditions of
				  registration;
(2) A written request
				  by the registrant to cancel registration; or
(3) The microorganism(s) contained in the
				  microbial product are no longer on the list of nonrestricted
				  microorganisms.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 71A-SP - LIST OF SELECTED HUMAN PATHOGENS

Current through June, 2024
SCIENTIFIC NAME
FUNGI
Coccidioides immitis
BACTERIA
Bacillus anthracis
Brucella abortus
Brucella melitensis
Brucella suis
Burkholderia (Pseudomonas) mallei
Burkholderia (Pseudomonas) pseudomallei
Clostridium botulinum
Coxiella burnetii
Francisella tularensis
Rickettsia prowazekii
Rickettsia rickettsii
Yersinia pestis
VIRUSES
Crimean-Congo haemorrhagic fever virus
Eastern Equine Encephalitis virus
Ebola viruses
Equine Morbillivirus (Hendra virus)
Lassa fever virus
Marburg virus
Rift Valley fever virus
South American Haemorrhagic fever viruses
Tick-borne encephalitis complex viruses
Omsk hemorrhagi fever
Russian spring-Summer encephalitis
Variola major virus (Smallpox virus)
Venezuelan Equine Encephalitis virus
Viruses causing hantavirus pulmonary syndrome
Yellow fever virus
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-1 - 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 interisland and intraisland transportation of
				  plant pests and their plant or commodity hosts to prevent the spread and
				  establishment of plant pests detrimental to agriculture, horticultural
				  industries and forest lands on uninfested islands and in uninfested localities
				  of the State.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-2 - Definitions

Current through June, 2024
As used in this chapter:
"Advisory Committee" means the advisory committee on plants
				  and animals,-
"Animal manure" means manure from poultry or
				  livestock;
"Board" means board of agriculture;
"Department" means department of agriculture;
"Chief" means chief of the plant quarantine branch;
"Infested area" means an island or locality within the State
				  where a specific pest is known to be established; and
"Restricted area" means an island or locality within the
				  State where a specific pest is not known to be established or where an
				  eradication or control project for a specified pest is being conducted by the
				  plant pest control branch.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-3 - Inspectional requirements

Current through June, 2024
(a) Plant and
				propagative plant parts shall be inspected prior to being transported between
				the islands of the State. A certificate of inspection shall indicate
				satisfaction of the requirement for inspection.
(b) Cut or harvested flowers, foliage,
				fruits, vegetable, and other non-propagative plant parts need not be inspected
				prior to being transported between the islands of the State; provided that
				these commodities shall be subject to periodic random inspection at either the
				port of departure or port of entry.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-4 - Prohibited transportations

Current through June, 2024
(a) The interisland
				transportation of a commodity not inspected pursuant to § 4-72-3 is
				prohibited.
(b) A commodity
				infested with any pest defined in §
									150A-2, Hawaii
				Revised Statutes, shall not be transported between the islands unless it has
				been subjected to an appropriate treatment that exterminates the pest, as
				approved by the chief. Appropriate treatment may include, but is not limited
				to, pesticide or fumigation treatment. The chief may, however, authorize the
				transportation of an untreated infested commodity to an island where the pest
				is known to be established.
(c)
				Specific commodities shall not be transported pursuant to their respective
				restrictions in §§ 4-72-6, 4-72-7, 4-72-8, 4-72-9, 4-72-10, 4-72-11,
				and 4-72-12.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-4.5 - Designation of infested areas; expansion

Current through June, 2024
(a) The area of
				infestation as designated by rule, including interim rule, may be expanded by
				the board to reflect the spread of a specific pest infestation in order to
				implement quarantine measures to prevent movement of the pest and its plant or
				commodity hosts from the expanded area of infestation to restricted areas,
				provided that:
(1) The board first obtains
				advice from qualified persons with relevant expertise, but need not obtain
				advisory committee review;
(2) The
				board designates the expanded infested area, identifying the revised
				geographical extent of the infestation;
(3) The board's action occurs at a meeting on
				the island where the new infestation has occurred, following written notice of
				the proposed board designation to industry groups likely to be
				affected;
(4) The department issues
				a press release and written notice of the designation of expansion of the
				infested area to affected industry groups prior to the effective date of
				designation of expanded infested area; and
(5) Notice of the board's action, including
				its effective date, is posted by the following day on the department's website
				and is given in a daily or weekly publication of statewide circulation or in
				separate daily or weekly publications whose combined circulation is statewide
				within twelve days of the board's action.