Chapter 150A — Chapter 150A

§150A-10 Advisory committee on plants and animals. There shall be an advisory committee on plants and animals composed of the chairperson of the board or the chairperson's representative who shall be chairperson of the committee, the chairperson of the board of land and natural r…

§150A-11.5 Entry of private property for enforcement. Whenever any member of the department of agriculture and biosecurity deems it necessary for the protection of animal or public health, agriculture, or the environment, to enter any land, building, vessel or aircraft for the pu…

§150A-14 Penalty. (a) Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this chapter other than those rules involving an animal that is prohibited or a plant, animal, or microorganism …

§150A-2 Definitions. As used in this chapter the term: "Aggregate bulk freight" means manmade, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count, that is usually free-flowing and bought and sold by weight or volume, such as…

PART III. NURSERY STOCK EXPORT SHIPMENTS §150A-21 Certification for shipment. The department may certify as to the pest condition or post treatment of shipments when officially required. Fees may be charged for certificates in certain instances and shall be deposited into the pes…

§150A-23 Nursery stock certificate. The department may issue and authorize the use of nursery stock certificates by any shipper complying with its regulation for nursery inspection. Shipments accompanied by these certificates may move to other localities within the county or to o…

[PART IV. OTHER EXPORTS] §150A-31 Certificate for shipment. The department may certify as to the pest condition of honey bee shipments when health certificates are officially required. Fees to cover the department's certification costs may be charged for health certificates as pr…

§150A-4 Effect on department of land and natural resources and the department of health. Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of land and natural resources and the department of health relative to chapter…

§150A-4.5 Pest inspection, quarantine, and eradication fund. (a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited: (b) The moneys in the pest inspection, quarantine, and eradication fund shall be expen…

PART V. CERTIFIED IMPORTERS OF MICROORGANISMS §150A-41 Microorganism import. (a) Notwithstanding the permit requirements of sections 150A-5 and 150A-6.3, the board may issue a certificate to an importer of microorganisms authorizing import and possession of microorganisms on the …

§150A-42 Certificate. (a) An importer requesting a certificate under this part shall complete and submit an application to the department providing information as required by rule. (b) Fees may be assessed for the processing and issuance of a certificate and for inspections relat…

§150A-48 REPEALED. L 2010, c 173, §11.

PART II. REGULATION OF IMPORTATION §150A-5 Conditions of importation. The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or v…

§150A-5.3 Inspection, quarantine, and eradication service fee and charge. (a) There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in any freight, including marine commercial container shipment, air freight, or any other means of tr…

§150A-5.5 What constitutes importation. (a) The landing of any article for the purpose of inspection or quarantine shall not be construed to give the article any status or the owner any right incident to articles which have actually been passed and allowed into the State. (b) In …

[PART VI.] BIOSECURITY PROGRAM §150A-51 Biosecurity program; establishment. The department shall establish a biosecurity program authorized under this chapter that shall interface with other relevant state law; provided that the biosecurity program is not inconsistent with federa…

§150A-52 Objectives of biosecurity program. [Section effective until December 31, 2027. For section effective January 1, 2028, see below.] The objectives of the biosecurity program shall be to: §150A-52 Objectives of biosecurity program. [Section effective January 1, 2028. For se…

§150A-57 Annual report. The department shall submit an annual report on the biosecurity program to the legislature no later than twenty days prior to the convening of each regular session of the legislature. The report shall include:

§150A-6 Soil, plants, animals, etc., importation or possession prohibited. No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any of the following:

§150A-6.1 Plant import. (a) The board shall maintain a list of restricted plants that require a permit for entry into the State. Restricted plants or any portion thereof shall not be imported into the State without a permit issued pursuant to rules. (b) The department shall desig…

§150A-6.2 Animal import. (a) The board shall maintain: (b) The board shall adopt rules, pursuant to chapter 91, to establish an advisory committee of no fewer than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid a…

§150A-6.3 Microorganism import. (a) The board shall maintain: Import of a microorganism on these lists, as well as import of any unlisted microorganism, shall be subject to the notification, labeling, and inspection requirements of section 150A-5, and is allowed only as provided …

§150A-6.4 Permit and other import document issuance; requirements. Except as otherwise provided in this part, all permits, letters of authorization, or registrations referenced in sections 150A-6 through 150A-6.3 shall be issued pursuant to rules. Any violation of conditions list…

§150A-6.5 Animals; prohibition against possession, etc.; exception. No person shall possess, propagate, sell, transfer, or harbor any animal included on the list of prohibited animals maintained by the board, except upon a determination that the species: Under the circumstances d…

§150A-6.6 Import lists amendment. Without regard to the notice and public hearing requirements of chapter 91, the board may adopt rules to make additions to or deletions from the lists required to be maintained in sections 150A-6.1 through 150A-6.3; provided that the board shall …

§150A-6.7 REPEALED. L 2010, c 173, §10.

§150A-7 Disposition. (a) It is a violation of sections 150A-5 and 150A-6 to bring into the State contrary to those sections any plant, plant product, animal, microorganism, or any article infested with pests or contaminated with soil and the same shall be refused admittance and m…

§150A-7.5 User fees. Fees may be assessed for the processing and issuance of permits issued by the department under this part, for inspections related to permit conditions, and for the registration of microbial products containing certain strains of microorganisms, as established…

§150A-8 Transporting in State. (a) Flora and fauna specified by rules and regulations of the department shall not be moved from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department. (b) The mo…

§150A-9.5 Interim rules. (a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting of flora and fauna into and within the State. Such rules shall not be subject to chapter 91. …