Hawaii Administrative Code

(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 …

The board has determined that there exists serious danger to the agricultural and horticultural industries of Hawaii from the introduction of european corn borer (Ostrina nubilulis Hubner), and insects which infest corn, sorghum, broomcorn, sudan grass and other important food an…

(a) All european countries and domestic states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New J…

The importation of plant and plant parts of corn, broomcorn, sorghum, sudan grass, aster, chrysanthemum, hollyhock, dahlia, and gladiolus are prohibited except: (1) Seed with no other plant fragments; (2) Frozen corn on the cob with husk and silk removed; (3) Seedling plant or pr…

The board has determined that there exists serious danger to the agricultural and horticultural industries of Hawaii from the introduction of the lethal yellowing disease, cadang-cadang, guam disease, and other similar diseases of palm. Notes Haw. Code R. § 4-70-43 [Eff. JUL 13 1…

(a) Areas known to be infested with or in proximity of areas infested with the lethal yellowing disease, cadang-cadang, guam disease, and similar diseases are designated as infested areas. (b) Domestic infested areas are the states of Florida and Texas, the Commonwealth of Puerto…

(a) The prohibitions in this section shall not apply to plant and plant parts of coconut (Cocos nucifera) which are regulated by subchapter 10. (b) The introduction of palm plants, seeds, and propagative plant parts thereof from all domestic and foreign infested areas in § 4-70-4…

The introduction of a palm plant, propagative plant part, and seed, not specifically prohibited in § 4-70-45 may be imported provided the importation is accompanied by a certificate of origin indicating that the palm plant was grown or the seed or propagative plant part was obtai…

The board has determined that there exists serious danger to the agricultural and horticultural industries of Hawaii from the introduction of the Caribbean fruit fly, (Anastrepha suspensa), an insect which infests fruit crops. Notes Haw. Code R. § 4-70-47 [Eff. JUL 13 1981] (Auth…

The commonwealth of Puerto Rico and areas in the state of Florida south of and including the counties of Sumter, Lake, Hernando and Volusia are declared infested areas. Notes Haw. Code R. § 4-70-48 [Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5) Comp 5/15/2020…

The fruit or berries of the following plants are known hosts of the Caribbean fruit fly: Malpighia glabra L. (barbados cherry) Severinia buxifolia (Poir.) Tenore (box orange) Psidium cattleianum Sabine (cattley guava) Citrus mitis Blanco (calamondin) Psidium guajava L. (common gu…

(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 necess…

(a) Fruits or berries of host plants listed in § 4-70-49 except green sour lime which shows no yellow coloring and sour lemon regardless of color from infested areas are prohibited except those subjected to approved treatments accompanied by a certificate of treatment. (b) Fruits…

The board has determined that there exists serious danger to the taro industry of Hawaii from the introduction of the virus disease of alomae and babone. Notes Haw. Code R. § 4-70-51 [Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5) Comp 5/15/2020

The virus disease of alomae and babone is only known to occur in the British Solomon Islands. Notes Haw. Code R. § 4-70-52 [Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5) Comp 5/15/2020

All taro and dasheen plant and plant parts capable of propagation are prohibited from infested areas except by permit issued in accordance with § 4-70-54 and imported pursuant to §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6. Notes Haw. Code R. § 4-70-53 [Eff. JUL 13 1981] (Auth: HRS §§ …

Upon written request, a permit may be issued for the importation of a limited quantity of taro or dasheen plants for research purposes under strictly enforced quaratine procedures. Notes Haw. Code R. § 4-70-54 [Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5) Co…

The board has determined that there exists serious danger to all ohia (Metrosideros spp.), the ohia forests of Hawaii, and horticultural and agricultural industries from the introduction of new strains of the ohia rust, Puccinia psidii, and other disease pathogens and insects not…

The introduction of any Myrtaceae (Myrtle family) plant, plant part, or seed into Hawaii is prohibited except: (1) Dried non-living plant materials; (2) Seeds, with no other plant fragments, that have been surface-sterilized using treatments approved by the chief; (3) Tissue cult…

Upon written request, a permit may be issued by the chief authorizing the importation of a limited quantity of plants in the family Myrtaceae for propagation under the branch's supervision in a strictly enforced quarantine appropriate to contain Puccinia psidii, and other pests p…

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. Notes Haw. Code R. § 4-7…

(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 avai…

(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 capac…

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 i…

(a) The chairperson shall establish an ad hoc panel of no fewer than three members with applicable expertise in vertebrate biology to determine if an animal is a prohibited hybrid animal when the branch suspects that the lineage of the animal is not as stated by the owner or on o…

(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 …

(a) By order, the board may adopt additions to or deletions from the lists of animals 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 re…

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. Notes Haw. Code R. § 4-71-4.3 [Eff and comp 8/16/99; comp 11/30/01; comp] (Auth: HRS §§ 141-2, …

(a) The applicant shall provide the chief with the following additional information: (1) A statement of reasons for importation; (2) The person responsible for the animal; (3) A description of safeguarded facilities; (4) The method of disposition; (5) An abstract of the animal; a…

(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter is only allowed:(1) For those animals on the list designated as conditionally approved and dated November 28, 2006, or on the list designated as restricted entry, dated Septem…

(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter at any stage of development is prohibited except for those animals on the lists incorporated in § 4-71-6.5, by-permit, and except as provided by section 150A- 6.2, HRS. (b) Th…

The applicant shall secure an appropriate bond, as specified in this chapter, for the following: (1) Monkeys, apes, baboons, chimpanzees, gibbons, lemurs, pottos, wallabies, and any other animal that the board or chairperson may require to be bonded as a condition for importation…

(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 subs…

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…

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 import…

(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 chi…

(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. (b) Where a permit for an import o…

(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 em…

(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 t…

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 microorgani…

(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…

(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 facil…

(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 p…

(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: …

(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 …

As used in the chapter: "Advisory subcommittee" means one of the advisory subcommittees on entomology, invertebrate and aquatic biota, land vertebrates, plants, algae, bacteria, fungi, protozoa, or viruses appointed by the chairperson pursuant to section 150A-10, HRS; "Applicant"…

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. Notes Haw. Code R. § 4-71A-20 [Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-…