Hawaii Administrative Code

40 CFR section 156.10(e) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-8 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CER §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(f) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-9 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

The objectives of this chapter are to implement the requirements of chapter 150, Hawaii Revised Statutes, and to establish criteria for seed analyses and certification. Notes Haw. Code R. § 4-67-1 [Eff. 7/13/81; comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-23, 150-24, 150-…

Notes Haw. Code R. § 4-67-10 R

Notes Haw. Code R. § 4-67-11 R

Notes Haw. Code R. § 4-67-12 R

Notes Haw. Code R. § 4-67-13 R

Standards for germination of vegetable seeds are found in Table 2, entitled "Germination Standards for Vegetable Seed," dated June 18, 1992 located at the end of this chapter. Notes Haw. Code R. § 4-67-14 [Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-2…

The standards for seed certification shall conform to the standards established by the Associatiuon of Official Seed Certifying Agencies, November 1979 edition and published in its Certification Handbook Publication No. 23 as amended January 1984. Notes Haw. Code R. § 4-67-15 [Ef…

(a) The fee for purity analyses for all kinds of seed shall be five dollars ($5.00) per analysis. (b) The fee for noxious weed seed examinations for all kinds of seed shall be five dollars ($5.00) per examination. (c) The fee for germination tests for all kinds of seed shall be f…

(a) Application for a seed license shall be made on a form provided by the department (b) The license shall expire on June 30 of each year and may be renewed on or before July 1 of each year. (c) A fee of twenty-five dollars ($25.00) shall be assessed for each license. Notes Haw.…

As used in this chapter: "Inoculant" means a substance containing nitrogen fixing bacteria; "Prohibited noxious weed seed" is seed which is prohibited from being present in agricultural and vegetable seed lots; "Restricted noxious weed seed" is seed which is singly or collectivel…

(a) The following are declared prohibited noxious weed seed: Scientific Name Common Name Acacia mearnsii black wattle Acaena novae-zelandiae New Zealand bur, piripiri Acroptilon repens Russian knapweed Aegilops triuncialis barb goatgrass Aeschynomene indica Kat sola, Indian joint…

No person shall sell, offer, or expose for sale within the State, for planting purposes, agricultural or vegetable seed: (1) Consisting of or containing prohibited noxious weed seed; or (2) Consisting of or containing more than 32 seeds of restricted noxious weed seed singly or c…

(a) Each container of agricultural or vegetable seed sold or offered for sale within the State for planting purposes shall bear, or have attached in a conspicuous place, a plainly written or printed label or tag in the English language giving the following information:(1) The nam…

The limitation on the date of test for agricultural and vegetable seed shall be extended to thirty-six months when all of the following conditions have been met: (1) the seed was packaged in a hermetically-sealed container which does not allow water vapor penetration through any …

Notes Haw. Code R. § 4-67-7 R

The tolerance to be applied in all seed testing procedures shall be as adopted by the Association of Official Seed Analysts, "Rules for Testing Seeds,: Vol. 12, No. 3, 1988, revised 1989, 1990 or, if no applicable tolerance is provided therein, as published in the Federal Seed Ac…

Notes Haw. Code R. § 4-67-9 R

The objectives of this chapter are to implement the requirements of chapter 152, Hawaii Revised Statutes, and to establish criteria for designation, control, or eradication of noxious weeds. Notes Haw. Code R. § 4-68-1 [Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-3, …

(a) The head shall direct a continuous program of study and evaluation of potential noxious weed species. (b) Study and evaluation of a specific plant species may be initiated by the head or upon request by other governmental agencies or private organizations. (c) When sufficient…

(a) The head may ecommend to the board the designation of a certain locality, an island, a group of islands, or the entire State as being free or relatively free of a specific noxious weed when the head determines that: (1) Infestation of the specific noxious weed is not known to…

There shall be four forms of cooperative agreements as set forth in § 4-68-13 to § 4-68-16, for the purpose of initiating noxious weed control or eradication projects. Notes Haw. Code R. § 4-68-12 [Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)

This agreement shall include but not be limited to the following provisions: (1) The department shall provide necessary chemical herbicides, oil carriers, and surfactants; (2) The department shall provide consultative, instructional, and supervisory services and shall coordinate …

This agreement shall include, but not be limited to, the following provisions: (1) The department shall provide appropriate equipment, and adequate personel for the purpose of herbicidal applications; (2) The department shall provide consultative services and shall coordinate the…

This agreement shall include, but not be limited to, the following provisions: (1) The department and the landowner or land occupier shall jointly provide on a cost-sharing or pro-rata basis, necessary chemical herbicides, oil carriers, surfactants, equipment, and personel for th…

This agreement shall include, but not be limited to, the following provisions: (1) The department shall provide necessary chemical herbicides, oil carriers, surfactants, equipment and personnel for the project; (2) The department shall provide consultative services and shall coor…

(a) For a cooperative noxious weed control or eradication project, the department shall initiate either a form A, form B, or form C cooperative agreement provided, however, that the department may initiate a form D cooperative agreement with a landowner or land occupier who shall…

A noxious weed eradication project shall be limited to incipient noxious weed infestations located on an island or portion of an island designated by the department as relatively free of that species. A project shall be initiated by cooperative agreement. Notes Haw. Code R. § 4-6…

(a) Noxious weed control projects may be initiated upon widespread established noxious weed infestations and shall be limited to infestations on land used for or zones for agriculture, horticulture, aquaculture, livestock production, forestry, recreational areas, or conservation …

As used in this part: "Board" means the board of agriculture; "Chairman" means the chairman of the board of agriculture; "Cooperative agreement" means an agreement between the department and the landowner and land occupier for the control or eradication of a noxious weed infestat…

Each plant species designated as a noxious weed for eradication and control projects by the department, shall meet all of the criteria in § 4-68-4 through § 4-68-8. Notes Haw. Code R. § 4-68-3 [Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-4)

Reproductive characteristics of noxious weeds are: (1) A plant species that reproduces by seeds capable of being dispersed over wide areas; or (2) A plant species that reproduces by seeds capable of remaining dormant for two years or more; or (3) A plant species that reproduces b…

Growth characteristics of noxious weeds are: (1) A plant species that is capable of competing with cultivated crops for nutrients, water or sunlight; or (2) A plant species that becomes established and forms dense stands in pasture lands, forests, lawns, landscape gardens, and re…

Detrimental effects of noxious weeds are: (1) A plant species that is causing or has the potential of causing severe production losses or increased control costs to the agricultural, horticultural, aquacultural, or livestock industries; or (2) A plant species that is or has the p…

Control criteria of noxious weeds include: (1) A plant species that is not effectively controlled by present day technology or by available herbicides currently registered for use pursuant to chapter 149A, Hawaii Revised Statutes; or (2) A plant species that is effectively contro…

Distribution and spread criteria of noxious weeds are: (1) A plant species that is not known to occur in one or more islands of the State; or (2) A plant species that is known to occur only in incipient stages on less than five acres on one or more islands of the State; or (3) A …

Each plant species designated as a noxious weed for control projects by lessees as provided in a pasture lease agreement of State lands shall meet the criteria of § 4-68-3. Notes Haw. Code R. § 4-68-9 [Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-4, 152-6)

These rules shall govern the criteria and procedures for designation of pests for control or eradication programs on public or private property other than dwellings in the State. Notes Haw. Code R. § 4-69A-1 (Eff. 9/4/93; comp JAN 02 2009) (Auth: HRS § 141-3) (Imp: HRS § 141-3)…

As used in this chapter: "Agricultural industry" means agricultural, horticultural, aquacultural, or livestock industry. "Board" means the board of agriculture. "Head" means the head of the division of plant industry. "Livestock" means farm animals kept for use or profit and incl…

(a) Each insect, mite, other pest or plant disease designated by the department as a pest for control or eradication programs shall meet one or more of the following criteria: (1) There is a record of economic damage in the scientific literature documenting the designated pest's …

(a) The head shall direct a continuous program of study and evaluation of insects, mites, other pests, or plant diseases for potential designation as pests. (b) Study and evaluation of an insect, mite, other pest or plant disease for designation as a pest may be initiated by the …

To the extent there may be any conflict between this chapter and chapter 4-68, Hawaii Administrative Rules, control and eradication programs for noxious weeds shall be governed by section 152-6, Hawaii Revised Statutes, and chapter 4-68. However, if after following the procedures…

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…