Hawaii Administrative Code

(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 microor…

(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 u…

(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 li…

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 m…

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 w…

(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 r…

(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 …

(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 additio…

(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 …

(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 registrat…

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 n…

(a) Import of a microbial product containing a microorganism for which species identification is claimed by the product's manufacturer or shipper to be trade secret shall be subject to special handling to assure confidentiality of the species identification of the microorganism, …

(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 microorganis…

(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-…

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) 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 …

(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…

(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 …

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…

Transportation of papaya and cucurbit (plants in the family cucurbitaceae) plants and plant parts except seed and fruit are prohibited from an infested area to. a restricted area for papaya mosaic virus disease. Notes Haw. Code R. § 4-72-10 [Eff. 7/13/81; comp 9/19/91; comp FEB 2…

(a) Transportation of banana plants and plant parts except fruits is prohibited from the island of Oahu and from the North Kona and South Kona Districts on the island of Hawaii, which are banana bunchy top virus infested areas, to other islands and localities within the State exc…

(a) Transportation of coffee plants and parts thereof, including unroasted seeds (green coffee beans), used coffee bags, and coffee harvesting equipment, including baskets, sacks, or containers, is prohibited from a coffee berry borer infested area to a coffee berry borer restric…

(a) The board has determined that the disease called ohia wilt (also known as rapid ohia death) presents a serious danger to ohia (Metrosideros), the ohia forests of Hawaii, and horticultural and agricultural industries. (b) Transportation of soil and ohia (Metrosideros, all spec…

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…

(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…

(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 tre…

Examples of pests for the purposes of § 4-72-4 shall include, but not be limited to the following: (1) Oriental beetle - Anomala orientalis Waterhouse, a serious insect pest of sugarcane; (2) Fern weevil - Syagrius fulvitarisis Pascoe, an insect pest injurious to fern plants; (3)…

(a) Transportation of sugarcane plants and parts thereof including leaves, roots, and cuttings which are hosts of the oriental beetle and sugarcane smut disease shall be prohibited from an infested area to a restricted area for the oriental beetle and sugarcane smut disease excep…

(a) Transportation of the following is prohibited from an infested island to a restricted island for the oriental beetle.(1) Soil, sand contaminated with visible amounts of soil, and animal manure in bulk shipment or in individual containers except by permit issued pursuant to su…

(a) The transport, harboring, rearing, or breeding of any pest defined in § 150A-2, Hawaii Revised Statutes is prohibited except under safeguards in an area infested by the pest involved for research, testing, or educational purposes by: (1) The plant pest control branch; (2) An …

Transportation of dasheen and taro corms are prohibited from an infested island to a restricted island for taro root aphid except: (1) Taro corms consigned to a poi factory or other food processing plant; (2) Dasheen and taro corms consigned to produce wholesalers, supermarkets, …

The objective of this chapter is to implement the requirements of chapter 150A, Hawaii Revised Statutes, by providing for export plant and plant products inspectional and disinfestation treatment services that meet the requirements of the state or country of destination. Notes Ha…

(a) A fee for export fumigation shall be for each lot two dollars for vault use and an additional charge of twenty cents for each cubic foot with no proration of fees. (b) A fee for unscheduled fumigation shall be for each lot two dollars for vault use and an additional charge of…

As used in this chapter: "Branch" means the plant quarantine branch; "Burrowing nematode" means Radopholus similis; "Certified nursery" means a plant nursery authorized by the department to certify plants; "Certify" means to indicate by an official, printed certificate or rubber …

(a) The department shall provide the following services: (1) Plant inspection and certification; (2) Plant and fruit fumigation; (3) Burrowing nematode testing; and (4) Nursery certification. (b) The respective locations for the inspectional and fumigation services shall be desig…

(a) Plant inspection and certification services shall be conducted at the inspection offices on Hawaii, Kauai, Maui and Oahu during office hours. (b) A plant or plant material shall be brought to the inspection office with a container in which the material can be completely enclo…

(a) Fumigation services shall be conducted at the inspection offices on Oahu, Hawaii and Kauai provided that the services may be suspended when the fumigation chamber, is inoperable or when there is a malfunction of the chamber or other mechanical part that results in unsafe cond…

(a) Burrowing nematode testing service shall be conducted at the inspection offices on Oahu, Hawaii, Kauai and Maui provided that plants accepted for testing on any given day shall be limited to the testing capacity of the respective island laboratory. (b) A request for test cons…

(a) In lieu of certification of plants at the inspection office, the department may authorize a commercial plant nursery to self certify plants grown under specific conditions set forth in a memorandum of agreement executed by the nursery-operator and the department. (b) Complian…

(a) A nursery inspection fee shall Include a charge of twenty dollars for nurseries carrying less than ten thousand plants, forty dollars for nurseries carrying more than ten thousand plants, and a mileage charge of twenty cents a mile computed from the respective county inspecti…

(a) A fee for a burrowing nematode laboratory test on plants submitted at the inspection office shall be two dollars for each group of six plants or fraction thereof. Plants submitted in excess of ninety-six plants by any individual may. be combined into composite samples of five…

As used in this chapter: "Board" means the board of agriculture of the department of agriculture. "Chairperson" means the chairperson of the board of agriculture. "Consolidation" means to reorganize the financing of two or more debts. "Department" means the department of agricult…

(a) Except where there is an unusual danger of natural catastrophe or economic hardship, the State's share of a loan in participation with a private lender shall not exceed seventy-five per cent of the principal amount of the loan made to a qualified farmer. The State's share of …

The department shall determine the repayment term of the loan based on factors such as the loan's purpose, the useful life of the items being financed, the applicant's repayment ability, and the financial condition of the applicant. Notes Haw. Code R. § 4-8-11 [Eff 1/31/85; comp …

The date of loan approval by the chairperson or the board of agriculture shall be used in determining the applicable interest rate for a similar type loan made by the appropriate farm credit bank. Notes Haw. Code R. § 4-8-12 [Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: H…

(a) Adequacy of collateral shall be determined by the department. For purposes of land purchase and improvements, the department shall require a real estate mortgage recordable at the bureau of conveyances or the land court of the State of Hawaii. A non-farm recordable real estat…

(a) The department may require a reasonable cash contribution from an applicant to purchase equipment or other capital items or to complete the project. The department may modify the repayment term based on the amount of applicant's equity contribution. (b) Cash, real property, f…