Title 11, Agriculture And Animals

§141-14 Industrial hemp special fund; established. (a) There is created in the state treasury a special fund to be designated as the industrial hemp special fund to be administered by the department of agriculture and biosecurity. Moneys deposited in this special fund shall be us…

§141-15 Farmer apprentice mentoring program; established. (a) There is established the farmer apprentice mentoring program, to be administered by the department of agriculture and biosecurity to support farmer mentors in training apprentices. (b) Subject to the availability of fu…

§141-16 Compost reimbursement program. (a) There is established within the department a compost reimbursement program to provide cost reimbursements to farming operations and landscaping operations in the State for the purchase of compost. (b) The compost reimbursement program sh…

§141-17 Fine meshed nets; invasive species; permissible; rules. (a) Notwithstanding any other law to the contrary, fine meshed nets may be used for the protection of plants against invasive species, as determined by the department of agriculture and biosecurity; provided that the…

§141-18 Plant care components; fumigation; treatment; certification; fees; restrictions. (a) The department of agriculture and biosecurity: (1) Shall certify plant care component treatments performed within the State; (2) May certify and permit entities to conduct plant care comp…

§141-2 Rules. Subject to chapter 91, the department of agriculture and biosecurity shall adopt, amend, and repeal rules not inconsistent with law, for and concerning: (1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants; (2) The quaranti…

[§141-2.2] Deputy chairperson for biosecurity; established. [Section effective January 1, 2027.] (a) There is established within the department a deputy chairperson for biosecurity. The deputy chairperson for biosecurity shall oversee all of the department's biosecurity initiativ…

§141-3 Designation of pests; control or eradication of pests; emergency power. (a) The department of agriculture and biosecurity shall designate the coqui frog as a pest. All other pest designations shall be established by rule, including the criteria and procedures for the desig…

§141-3.5 Control or eradication programs. (a) The department of agriculture and biosecurity shall develop and implement a detailed control or eradication program for any pest designated in section 141-3, using the best available technology in a manner consistent with state and fe…

§141-3.6 Entry of private property to control or eradicate any pests. (a) The department of agriculture and biosecurity or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for t…

§141-4 Weights of coffee; rules. The department of agriculture and biosecurity may make rules respecting the weighing of coffee prior to its shipment to points outside the State, and providing for the certification of weights thereof. Further, a reasonable schedule of fees to def…

[PART III.] COMMERCIAL HEMP PRODUCTION §141-42 Commercial hemp production. [See Note at part heading.] (a) It shall be legal for an individual or entity to produce hemp, as defined in title 7 United States Code section 1639o, if that individual or entity has a license to produce …

§141-43 Rulemaking authority. [See Note at part heading.] (a) The department of agriculture and biosecurity shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part, including any rules necessary to address any nuisance issues, including smell, noise, and e…

§141-5 Charges for inspection, etc. The department of agriculture and biosecurity, with the approval of the governor, shall adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine that is authorized…

[Part IV.] Aquaculture §141-51 Definitions. As used in this part: "Aquaculture" means any form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not i…

[§141-52] Aquaculture program. (a) There is established within the department an aquaculture program that shall: (1) Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aqu…

§141-53 Fees for aquaculture services. The department of agriculture and biosecurity may establish and assess fees pursuant to chapter 91 for: (1) Aquatic animal and plant health diagnostic services; and (2) Any items or expert services purchased from the department related to aq…

[§141-54] Aquaculture development special fund. (a) There is established in the state treasury the aquaculture development special fund into which shall be deposited: (1) Appropriations from the legislature; (2) Moneys collected as fees for special microbiological and histologica…

[§141-55] Powers, duties, and activities of the department. (a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to the harvesting, processing, and marketing of cultured aquatic life. (b) Except as provided in this …

[§141-56] Brood stock acquisition; exclusive property rights. The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of the person who cultured them or that person's successor in interest. [L 2022, c 134, pt of §2]

[§141-57] Protection of indigenous species. (a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section. (b) The department may determi…

[§141-58] Programmatic environmental impact reports. (a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met: …

[§141-59] Rulemaking authority. The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part. [L 2022, c 134, pt of §2]

§141-6 Appeal from inspector's decision. Any person who feels aggrieved at any decision of any inspector of the department of agriculture and biosecurity shall have the right to appeal from the decision to the board of agriculture and biosecurity. The board shall give a prompt he…

§141-7 General penalty. (a) Any person violating any of the provisions of chapters 141, 142, or 144 to 149A, for which violation a penalty is not otherwise provided, or violating any rule of the department of agriculture and biosecurity, or any master of any vessel which brings i…

[§141-8] Crop damage; civil liability. (a) Any person who wilfully or knowingly damages or destroys any crop, including silvicultural crops or agricultural commodities as defined in section 145-21, that is known by the person to be intended for personal or commercial purposes, or…

§141-9 Energy feedstock program. (a) There is established within the department of agriculture and biosecurity an energy feedstock program that shall: (1) Maintain cognizance of actions taken by industry and by federal, state, county, and private agencies in activities relating t…

§141D-1 Purpose. Article XI, section 3, of the Hawaii State Constitution establishes in part that the "State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitab…

[§141D-10] Agricultural enterprise lands and agricultural enterprise development. On behalf of the State or in partnership with a federal agency, county, or private party, the department may develop agricultural enterprise lands and agricultural enterprises. [L 2022, c 221, pt of…

[§141D-11] Lease negotiation. (a) The department may negotiate and enter into leases with any person who: (1) Holds a revocable permit for agricultural purposes; (2) Has formerly held an agricultural lease or a holdover lease of public land that expired within the last ten years …

[§141D-12] Public lands exemption. Notwithstanding chapter 171, disposition of lands set aside for use pursuant to this chapter shall not be subject to the prior approval of the board of land and natural resources. [L 2022, c 221, pt of §1]

[§141D-13] Rights of holders of security interests. (a) Prior board action shall be required when an institutional lender acquires the lessee's interest through a judicial or nonjudicial foreclosure sale, by way of assignment in lieu of foreclosure, or when the institutional lend…

§141D-2 Definitions. As used in this chapter, unless the context otherwise requires: "Agricultural activities" includes: (1) The care and production of livestock, livestock products, poultry, and poultry products; (2) The care and production of apiary, horticultural, and floricul…

[§141D-3] Department's powers in general; agricultural enterprises. In addition to any other powers authorized in this chapter, to support and promote agriculture, the department may: (1) Plan, design, construct, operate, manage, maintain, repair, demolish, and remove infrastruct…

[§141D-4] Transfer and management of agricultural enterprise lands and agricultural enterprises; agricultural enterprise program. (a) Upon mutual agreement and approval by the board and the board of land and natural resources: (1) The department may accept from the department of …

[§141D-5] Conversion of qualified and encumbered agricultural enterprise lands and agricultural enterprises. The department shall establish criteria by rules adopted pursuant to chapter 91 and, subject to approval by the board, may convert qualified and encumbered agricultural en…

[§141D-6] Extension of qualified and encumbered agricultural enterprise lands and agricultural enterprises. Notwithstanding chapter 171, the board shall establish criteria and rules to allow the cancellation, renegotiation, and extension of transferred encumbrances by the departm…

[§141D-7] Rules. The board shall adopt rules pursuant to chapter 91, including eligibility requirements for each disposition and applicant qualification, to effectuate the purposes of this chapter. [L 2022, c 221, pt of §1]

[§141D-8] Disposition. (a) Notwithstanding any provision of this chapter and chapter 171 to the contrary, the department may dispose of the following by negotiation, drawing of lots, conversion, or public auction: (1) Public lands and related enterprises set aside and designated …

[§141D-9] Authority to plan, design, develop, and manage agricultural enterprise lands and agricultural enterprises. The department, or its lessees subject to the department's approval, may plan, design, develop, and manage agricultural enterprise lands and agricultural enterpris…

PART I. ANIMAL DISEASES AND QUARANTINE §142-1 Information and statistics. The department of agriculture and biosecurity shall gather, compile, and tabulate, from time to time information and statistics concerning domestic animals in the State, their protection and use, inquire in…

§142-10 Importing prohibited, when. The governor, notwithstanding anything in this chapter, may, from time to time by proclamation declaring any port or country to be infected, absolutely prohibit the introduction of any animals therefrom until the restriction is removed. [L 1882…

§142-100 Beekeepers, registration; apiary program. (a) Beekeepers may register with the department of agriculture and biosecurity, on forms prescribed and prepared by the department, which shall include the following information: (1) The name, address, and contact information for…

[PART V.] PIGEONS §142-101 Definitions. As used in this part, unless the context otherwise provides: "Carrier pigeon" means homing and racing pigeons which are banded on the leg with an identification leg band. "Department" means the department of agriculture and biosecurity. "Id…

[§142-102] Pigeon permits. The department shall issue a pigeon ownership permit to any person who raises pigeons and shall adopt rules pursuant to chapter 91 to effectuate this part. [L 1989, c 9, pt of §2]

[§142-103] Exercise, training, and racing. Any owner of carrier pigeons, to whom the department has issued a pigeon permit, or person acting for the owner, having in the owner's or person's control or possession and under restraint not more than twenty-five pairs of carrier pigeo…