PLANT AND NON-DOMESTIC ANIMAL QUARANTINE
AND MICROORGANISM IMPORT
Part I. General Provisions
150A-1 Short title
150A-3 Delegation of duties
150A-4 Effect on department of land and natural resources
and the department of health
150A-4.5 Pest inspection, quarantine, and eradication fund
Part II. Regulation of Importation
150A-5 Conditions of importation
150A-5.3 Inspection, quarantine, and eradication service fee
150A-5.4 Failure to pay or remit the inspection, quarantine,
and eradication service fee; fines
150A-5.5 What constitutes importation
150A-5.6 Exceptions to the right to import
150A-6 Soil, plants, animals, etc., importation or
150A-6.1 Plant import
150A-6.2 Animal import
150A-6.3 Microorganism import
150A-6.4 Permit and other import document issuance;
150A-6.5 Animals; prohibition against possession, etc.;
150A-6.6 Import lists amendment
150A-7.5 User fees
150A-7.6 Processing fees for importation and possession
150A-8 Transporting in State
150A-9 Rules and regulations
150A-9.5 Interim rules
150A-10 Advisory committee on plants and animals
150A-11.5 Entry of private property for enforcement
150A-12 Citation and summons
150A-13 Administration of oath
150A-15 Failure to obey summons
Part III. Nursery Stock Export Shipments
150A-21 Certification for shipment
150A-22 Responsibility for treatment
150A-23 Nursery stock certificate
Part IV. Other Exports
150A-31 Certificate for shipment
Part V. Certified Importers of Microorganisms
150A-41 Microorganism import
150A-43 Suspension or revocation of certificate
150A-44 Summary suspension
150A-45 Emergency remediation
150A-46 Conditions of importation under certification
Part VI. Biosecurity Program
150A-51 Biosecurity program; establishment
150A-52 Objectives of biosecurity program
150A-53 General actions to achieve objectives
150A-54 Biosecurity program; charges; costs
150A-55 Federal and other funds
150A-56 Schedule of appropriations and expenditures for
150A-57 Annual report
L 2010, c 173, §13 provides:
"SECTION 13. (a) Between July 1, 2010, and September 30, 2010, the department of agriculture shall adopt new or amend existing rules to impose or increase the fees authorized to be charged under chapter 150A, Hawaii Revised Statutes, without regard to the public notice and public hearing requirements of section 91-3, Hawaii Revised Statutes, the small business impact review requirements of chapter 201M, Hawaii Revised Statutes, or the limit on fee increases under section 92-28, Hawaii Revised Statutes. The department shall set the fees at amounts intended to generate, together with the inspection, quarantine, and eradication service fee, sufficient revenues to pay the operation and maintenance costs of implementing the agriculture inspection and biosecurity programs of chapter 150A, Hawaii Revised Statutes, and the central services and departmental administrative expense assessments of section 36-27 and section 36-30, Hawaii Revised Statutes.
(b) If, by September 30, 2010, the department of agriculture has not complied with subsection (a), then the fee charged for each inspection or certification conducted under authority of chapter 150A shall be as follows, effective October 1, 2010:
(1) A fee for inspection, safeguarding, witnessing departure, witnessing treatment, or certification requiring the services of personnel beyond regular work hours, including pre-shift, post-shift, holidays, or days off shall be $50 plus mileage reimbursement, and an additional fee shall be assessed, which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals;
(2) A fee for any inspection during regular work hours conducted away from the port or department office that is conducted pursuant to requirements for export, certification, inter-island or intra-island movement, or disposition other than release at a port of arrival, such as witnessing departure, destruction, or treatment, shall be $50 per hour plus mileage reimbursement;
(3) An annual fee for nursery certification shall be $100;
(4) A fee for follow-up inspections required to correct deficiencies found in a certification inspection or inspections to remedy out-of-state rejections shall be $50 per hour plus mileage reimbursement;
(5) A fee for treatment or destruction of infested commodities performed by the department's plant quarantine branch shall be $50 per parcel;
(6) A fee for the use of a quarantine house operated by the department's plant quarantine branch shall be $50 per room per month; and
(7) A storage fee of $5 per day shall be charged for commodities stored at any department plant quarantine branch office, forty-eight hours after written notification.
The fee shall be deposited into the pest inspection, quarantine, and eradication fund.
(c) Any subsequent amendments to the rules adopted or amended pursuant to subsection (a) or the fees established under subsection (b) shall be subject to all applicable provisions of chapter 91, chapter 201M, and section 92-28, Hawaii Revised Statutes."
Biosecurity program; progress report to 2018 legislature. L 2017, c 163, §4.
Invasive species management requirements, including interisland and export database for agricultural commodities. L 2016, c 243, §3.
Coqui frog; designation as pest, see §141-3.
Invasive species council, see chapter 194.
Landowners liability for access to control invasive species, see chapter 520A.
Quarantine of domestic animals, see chapter 142, part I.
Attorney General Opinions
Department of agriculture has responsibility to keep State free of imported agricultural pests, and may receive gifts to assist in preventing entry of brown tree snakes into State. Att. Gen. Op. 92-4.
While this chapter and the board's microorganism import rules may have vested the board with exclusive authority to approve marine biotechnology firm's proposal to import and grow genetically engineered algae at the State's research and technology park, as the demonstration project constituted an action that proposed the use of state land, §343-5 plainly and unambiguously required the preparation of an environmental assessment before the board could approve firm's application. 118 H. 247 (App.), 188 P.3d 761.
Discussed: 842 F.3d 688 (2016).