THE SENATE S.B. NO. 562 THIRTY-THIRD LEGISLATURE, 2025 S.D. 2 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO INVASIVE SPECIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 562
THIRTY-THIRD LEGISLATURE, 2025 S.D. 2
STATE OF HAWAII H.D. 1
THE SENATE
S.B. NO.
562
THIRTY-THIRD LEGISLATURE, 2025
S.D. 2
STATE OF HAWAII
H.D. 1
A BILL FOR AN ACT
RELATING TO INVASIVE SPECIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, according to the 2020 United States Department of Agriculture's Summary of Horticulture and Nursery Products, Hawaii's nursery industry is worth more than $81,000,000 in local and export sales. Invasive species, including the coconut rhinoceros beetle, little fire ant, and coqui frog, and viruses and pathogens that affect plant life can hamper the productivity, profitability, and prospects of local plant nursery businesses. The legislature further finds that the National Plant Board has recognized plant nurseries as major pathways for the introduction and spread of pests and diseases and has provided a model nursery law with draft language that is sensible for nurseries, regulatory officials, and the public. While most nurseries employ best management practices to protect their stock from pests, some do not. Consequently, the legislature finds that regulation is necessary to protect the many from the few. The legislature further finds that a program requiring plant nurseries to register with the department of agriculture and prohibiting the sale of pest-infested plants and other items is a common sense approach to protect consumers, agricultural producers, the general public, and the environment. The legislature notes that other states require that plant nurseries be regularly inspected and licensed or certified, including Alabama, which requires an annual inspection certificate for certain sellers of nursery stock. Maryland and Massachusetts also require that nurseries, or places where nursery stock is grown, be inspected and certified annually. These states also require that certain fees be paid, based on the size of the nursery, to obtain the necessary credentials. Many other states, including Delaware, Kentucky, Michigan, New Hampshire, New Mexico, Ohio, Oregon, and Rhode Island, have similar programs. The legislature also finds that the department of agriculture's existing nursery inspection program established in part III of chapter 150A, Hawaii Revised Statutes, relating to nursery stock export shipments, and the administrative rules to carry out that part, were last updated in 1981 and are limited to the certifications required to export plants from Hawaii to other states. The existing requirements are therefore not a comprehensive program to protect consumers in Hawaii from inadvertently purchasing plants infested with pests. Accordingly, the purpose of this Act is to establish a plant nursery registration program to prevent the spread of pests within the State. SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended as follows: 1. By adding a new part to be appropriately designated and to read: "Part . Plant Nursery Registration Program §150A-A Definitions. As used in this part: "Best management practices" means any process, action, or combinations thereof, that provides effective means of preventing, reducing, or addressing pest, insect, and plant disease issues. "Nursery stock" means any plant for planting, propagation, or ornamentation, including plants used to produce cut flowers; cut foliage; fresh fruit and vegetables; plants; trees; shrubs; vines; perennials; cut flowers; grafts; cuttings; and buds, whether cultivated or wild, and all viable parts of these plants. "Sale" or "sell" means offering, exposing, or possessing for sale, exchange, barter, or trade. §150A-B Nursery registration. (a) Any person directly engaged with the production or sale of nursery stock, including any person that sells, or produces for sale, nursery stock at pop-up sales, craft fairs, or fundraising events, or as part of a commercial landscaping business, shall register with the department using an online registration form developed by the department, which shall also be made available in paper form, before initiating business operations; provided that any person directly engaged in the production or sale of nursery stock before or on the effective date of this Act shall register with the department no later than one year from the effective date of this Act. (b) Each initial and renewal nursery registration shall be valid for one year. (c) The department may exempt from the nursery registration requirement any person whose business consists only of retail sales to the ultimate consumer where the total sales of nursery stock do not exceed $2,500 per year. (d) A person shall register, pursuant to subsection (a), each location where the person intends to produce, sell, or regularly store or distribute nursery stock. §150A-C Certification. Each person initially registering a location pursuant to section 150A-B shall certify to the department that the person: (1) Will not sell at the location any plant taxa designated by the department as: (A) A restricted plant in violation of the department's sale restriction on that taxa; or (B) A noxious weed; (2) Will maintain the location, including nursery stock and all other materials, to be free from pests and document in a log book all dates on which actions are taken to ensure that the location is free of pests, including a description of those actions; (3) Will report to the department any new occurrence of a pest; (4) Will not sell or distribute nursery stock that is infested or infected with a pest; (5) Will utilize best management practices to maintain control of pests; (6) Will report to the department any occurrence of a taxa, including a plant disease, that is not known to occur in the State; (7) Will implement any best management practices required by the department for the location; and (8) Consents to, and agrees to cooperate with, inspections by the department during reasonable business hours to ensure that the person is in compliance with the certification required by this section. §150A-D Nursery registration fee. (a) The department may charge a fee for registration under this part. (b) Any fees collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund established under section 150A‑4.5. §150A-E Inspection; quarantine; remedial measures. (a) The department may administratively inspect, with or without notice during reasonable business hours, a location registered pursuant to section 150A-B, including all nursery stock and other materials at the location. The inspection of the location shall not include the inspection of dwellings or other structures at the location that are not associated with the nursery stock. (b) The department may: (1) Conduct inspections pursuant to subsection (a) in response to a complaint alleging the presence of pests or failure to maintain control of pests; and (2) Prioritize and conduct more frequent inspections pursuant to subsection (a) based on its assessment of the location's history of compliance with this part and the location's potential for spreading pests. (c) If the department, after an inspection authorized under this section or by any other means, finds that a pest is present in nursery stock or any other material at a location where nursery stock is present, that pests are not under control at the location, or that the person who has registered the location pursuant to section 150A-B is otherwise not in compliance with a certification made under section 150A-C, the department may: (1) Require the implementation of specific best management practices or other actions, including treatment; (2) Issue a quarantine order for the affected nursery stock, other material, or location and, if appropriate, a treatment or destruction order for affected nursery stock or material; and (3) Require the affected nursery stock or material to be mitigated by whatever means necessary, including destruction, confiscation, treatment, return shipment, or quarantine, at the expense of the person who registered the location, without any form of compensation from the department or State. (d) If the department issues an order pursuant to subsection (c) for nursery stock, other material, or a location, the department shall provide, in writing, to the person who registered the location: (1) Notice that the order has been issued, including a description of the specific nursery stock, other material, or a location that is covered by the order; (2) A description of the specific reasons for the issuance of the order and the actions required to comply with the order; and (3) Notice that the person who registered the location may request a subsequent inspection to lift the order; provided that, after the inspection, the department may lift the order if the department determines that the violation that caused the department to issue the order has been corrected. (e) During the period that an order issued pursuant to subsection (c) is in effect for nursery stock, other material, or a location, no person shall sell, ship, transport, donate, or otherwise move, alter, or tamper with affected nursery stock or material at the location, unless required to comply with an order from, or under the direction of, the department. §150A-F Economic loss or damage. The State shall not be liable for any economic loss or damages, including loss of income, related to any actions taken by the department pursuant to this part or any rules adopted under this part, including the issuance of treatment, confiscation, quarantine, return shipment, or destruction orders for any item. §150A-G Rules. The department may adopt rules pursuant to chapter 91 to carry out the purposes of this part." 2. By adding a new section to part III to be appropriately designated and to read: "§150A- Nursery registration required. No certification or service related to nursery stock shall be provided under this part to any person at a location unless that location is registered pursuant to part ." SECTION 3. Section 150A-14, Hawaii Revised Statutes, is amended to read as follows: "§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) and part , 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 that is restricted, without a permit, and rules adopted under part , shall be guilty of a misdemeanor and fined [not] no less than $100. The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000. For a second offense committed within five years of a prior offense, the person or organization shall be fined [not] no less than $500 and [not] no more than $25,000. (b) Any person who violates section 150A-5 shall be guilty of a petty misdemeanor and fined [not] no less than $50 and [not] no more than $5,000. For a second offense committed within five years of a prior offense, the person may be fined [not] no less than $250 and [not] no more than $15,000. (c) Any person who: (1) Violates section 150A-6(3) or 150A-6(4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A‑7(b), or whose violation involves an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and subject to a fine of [not] no less than $5,000[, but not] and no more than $20,000; (2) Intentionally transports, harbors, or imports with the intent to propagate, sell, or release any animal that is prohibited or any plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a class C felony and subject to a fine of [not] no less than $50,000[, but not] and no more than $200,000; or (3) Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release, any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of [not] no less than $50,000[, but not] and no more than $200,000. (d) Any person who violates part or any rule adopted under part shall be fined no more than $ for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. All fines collected pursuant to this subsection shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund established under section 150A-4.5. [(d)] (e) Whenever a court sentences a person or organization pursuant to subsection (a) or (c) for an offense [which] that has resulted in the escape or establishment of any pest and caused the department to initiate a program to capture, control, or eradicate that pest, the court shall also require that the person or organization pay to the state general fund an amount of money to be determined in the discretion of the court upon advice of the department, based upon the cost of the development and implementation of the program. [(e)] (f) The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited articles or restricted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with pests to its place of origin or otherwise dispose of it or [such] any part thereof as may be necessary to comply with this chapter. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent. [(f)] (g) Any person or organization that voluntarily surrenders any prohibited animal or any restricted plant, animal, or microorganism without a permit issued by the department, [prior to] before the initiation of any seizure action by the department, shall be exempt from the penalties of this section. [(g)] (h) For purposes of this section, "intent to propagate" shall be presumed when the person in question is found to possess, transport, harbor, or import: (1) Any two or more animal specimens of the opposite sex that are prohibited or restricted, without a permit, or are a pest designated by statute or rule; (2) Any three or more animal specimens of either sex that are prohibited or restricted, without a permit, or are a pest designated by statute or rule; (3) Any plant or microorganism having the inherent capability to reproduce and that is restricted, without a permit; or (4) Any specimen that is in the process of reproduction." SECTION 4. Section 150A-53, Hawaii Revised Statutes, is amended to read as follows: "§150A-53 General actions to achieve objectives. (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following: (1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State; (2) Establish, operate, or participate in operating port‑of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of: (A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and (B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection; (3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State; (4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program; (5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates; (6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and (7) Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit[,] to the environment and economy of the State. (b) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors. (c) The plant nursery registration program established under part : (1) Shall be considered a part of the biosecurity program; and (2) May be administered by and enforced using the officials and funds available to the biosecurity program." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 3000.
SECTION 1. The legislature finds that, according to the 2020 United States Department of Agriculture's Summary of Horticulture and Nursery Products, Hawaii's nursery industry is worth more than $81,000,000 in local and export sales. Invasive species, including the coconut rhinoceros beetle, little fire ant, and coqui frog, and viruses and pathogens that affect plant life can hamper the productivity, profitability, and prospects of local plant nursery businesses.
The legislature further finds that the National Plant Board has recognized plant nurseries as major pathways for the introduction and spread of pests and diseases and has provided a model nursery law with draft language that is sensible for nurseries, regulatory officials, and the public. While most nurseries employ best management practices to protect their stock from pests, some do not. Consequently, the legislature finds that regulation is necessary to protect the many from the few.
The legislature further finds that a program requiring plant nurseries to register with the department of agriculture and prohibiting the sale of pest-infested plants and other items is a common sense approach to protect consumers, agricultural producers, the general public, and the environment.
The legislature notes that other states require that plant nurseries be regularly inspected and licensed or certified, including Alabama, which requires an annual inspection certificate for certain sellers of nursery stock. Maryland and Massachusetts also require that nurseries, or places where nursery stock is grown, be inspected and certified annually. These states also require that certain fees be paid, based on the size of the nursery, to obtain the necessary credentials. Many other states, including Delaware, Kentucky, Michigan, New Hampshire, New Mexico, Ohio, Oregon, and Rhode Island, have similar programs.
The legislature also finds that the department of agriculture's existing nursery inspection program established in part III of chapter 150A, Hawaii Revised Statutes, relating to nursery stock export shipments, and the administrative rules to carry out that part, were last updated in 1981 and are limited to the certifications required to export plants from Hawaii to other states. The existing requirements are therefore not a comprehensive program to protect consumers in Hawaii from inadvertently purchasing plants infested with pests.
Accordingly, the purpose of this Act is to establish a plant nursery registration program to prevent the spread of pests within the State.
SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended as follows:
1. By adding a new part to be appropriately designated and to read:
"Part . Plant Nursery Registration Program
§150A-A Definitions. As used in this part:
"Best management practices" means any process, action, or combinations thereof, that provides effective means of preventing, reducing, or addressing pest, insect, and plant disease issues.
"Nursery stock" means any plant for planting, propagation, or ornamentation, including plants used to produce cut flowers; cut foliage; fresh fruit and vegetables; plants; trees; shrubs; vines; perennials; cut flowers; grafts; cuttings; and buds, whether cultivated or wild, and all viable parts of these plants.
"Sale" or "sell" means offering, exposing, or possessing for sale, exchange, barter, or trade.
§150A-B Nursery registration. (a) Any person directly engaged with the production or sale of nursery stock, including any person that sells, or produces for sale, nursery stock at pop-up sales, craft fairs, or fundraising events, or as part of a commercial landscaping business, shall register with the department using an online registration form developed by the department, which shall also be made available in paper form, before initiating business operations; provided that any person directly engaged in the production or sale of nursery stock before or on the effective date of this Act shall register with the department no later than one year from the effective date of this Act.
(b) Each initial and renewal nursery registration shall be valid for one year.
(c) The department may exempt from the nursery registration requirement any person whose business consists only of retail sales to the ultimate consumer where the total sales of nursery stock do not exceed $2,500 per year.
(d) A person shall register, pursuant to subsection (a), each location where the person intends to produce, sell, or regularly store or distribute nursery stock.
§150A-C Certification. Each person initially registering a location pursuant to section 150A-B shall certify to the department that the person:
(1) Will not sell at the location any plant taxa designated by the department as:
(A) A restricted plant in violation of the department's sale restriction on that taxa; or
(B) A noxious weed;
(2) Will maintain the location, including nursery stock and all other materials, to be free from pests and document in a log book all dates on which actions are taken to ensure that the location is free of pests, including a description of those actions;
(3) Will report to the department any new occurrence of a pest;
(4) Will not sell or distribute nursery stock that is infested or infected with a pest;
(5) Will utilize best management practices to maintain control of pests;
(6) Will report to the department any occurrence of a taxa, including a plant disease, that is not known to occur in the State;
(7) Will implement any best management practices required by the department for the location; and
(8) Consents to, and agrees to cooperate with, inspections by the department during reasonable business hours to ensure that the person is in compliance with the certification required by this section.
§150A-D Nursery registration fee. (a) The department may charge a fee for registration under this part.
(b) Any fees collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund established under section 150A‑4.5.
§150A-E Inspection; quarantine; remedial measures. (a) The department may administratively inspect, with or without notice during reasonable business hours, a location registered pursuant to section 150A-B, including all nursery stock and other materials at the location. The inspection of the location shall not include the inspection of dwellings or other structures at the location that are not associated with the nursery stock.
(b) The department may:
(1) Conduct inspections pursuant to subsection (a) in response to a complaint alleging the presence of pests or failure to maintain control of pests; and
(2) Prioritize and conduct more frequent inspections pursuant to subsection (a) based on its assessment of the location's history of compliance with this part and the location's potential for spreading pests.
(c) If the department, after an inspection authorized under this section or by any other means, finds that a pest is present in nursery stock or any other material at a location where nursery stock is present, that pests are not under control at the location, or that the person who has registered the location pursuant to section 150A-B is otherwise not in compliance with a certification made under section 150A-C, the department may:
(1) Require the implementation of specific best management practices or other actions, including treatment;
(2) Issue a quarantine order for the affected nursery stock, other material, or location and, if appropriate, a treatment or destruction order for affected nursery stock or material; and
(3) Require the affected nursery stock or material to be mitigated by whatever means necessary, including destruction, confiscation, treatment, return shipment, or quarantine, at the expense of the person who registered the location, without any form of compensation from the department or State.
(d) If the department issues an order pursuant to subsection (c) for nursery stock, other material, or a location, the department shall provide, in writing, to the person who registered the location:
(1) Notice that the order has been issued, including a description of the specific nursery stock, other material, or a location that is covered by the order;
(2) A description of the specific reasons for the issuance of the order and the actions required to comply with the order; and
(3) Notice that the person who registered the location may request a subsequent inspection to lift the order; provided that, after the inspection, the department may lift the order if the department determines that the violation that caused the department to issue the order has been corrected.
(e) During the period that an order issued pursuant to subsection (c) is in effect for nursery stock, other material, or a location, no person shall sell, ship, transport, donate, or otherwise move, alter, or tamper with affected nursery stock or material at the location, unless required to comply with an order from, or under the direction of, the department.
§150A-F Economic loss or damage. The State shall not be liable for any economic loss or damages, including loss of income, related to any actions taken by the department pursuant to this part or any rules adopted under this part, including the issuance of treatment, confiscation, quarantine, return shipment, or destruction orders for any item.
§150A-G Rules. The department may adopt rules pursuant to chapter 91 to carry out the purposes of this part."
2. By adding a new section to part III to be appropriately designated and to read:
"§150A- Nursery registration required. No certification or service related to nursery stock shall be provided under this part to any person at a location unless that location is registered pursuant to part ."
SECTION 3. Section 150A-14, Hawaii Revised Statutes, is amended to read as follows:
"§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) and part , 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 that is restricted, without a permit, and rules adopted under part , shall be guilty of a misdemeanor and fined [not] no less than $100. The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000. For a second offense committed within five years of a prior offense, the person or organization shall be fined [not] no less than $500 and [not] no more than $25,000.
(b) Any person who violates section 150A-5 shall be guilty of a petty misdemeanor and fined [not] no less than $50 and [not] no more than $5,000. For a second offense committed within five years of a prior offense, the person may be fined [not] no less than $250 and [not] no more than $15,000.
(c) Any person who:
(1) Violates section 150A-6(3) or 150A-6(4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A‑7(b), or whose violation involves an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and subject to a fine of [not] no less than $5,000[, but not] and no more than $20,000;
(2) Intentionally transports, harbors, or imports with the intent to propagate, sell, or release any animal that is prohibited or any plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a class C felony and subject to a fine of [not] no less than $50,000[, but not] and no more than $200,000; or
(3) Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release, any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of [not] no less than $50,000[, but not] and no more than $200,000.
(d) Any person who violates part or any rule adopted under part shall be fined no more than $ for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. All fines collected pursuant to this subsection shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund established under section 150A-4.5.
[(d)] (e) Whenever a court sentences a person or organization pursuant to subsection (a) or (c) for an offense [which] that has resulted in the escape or establishment of any pest and caused the department to initiate a program to capture, control, or eradicate that pest, the court shall also require that the person or organization pay to the state general fund an amount of money to be determined in the discretion of the court upon advice of the department, based upon the cost of the development and implementation of the program.
[(e)] (f) The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited articles or restricted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with pests to its place of origin or otherwise dispose of it or [such] any part thereof as may be necessary to comply with this chapter. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.
[(f)] (g) Any person or organization that voluntarily surrenders any prohibited animal or any restricted plant, animal, or microorganism without a permit issued by the department, [prior to] before the initiation of any seizure action by the department, shall be exempt from the penalties of this section.
[(g)] (h) For purposes of this section, "intent to propagate" shall be presumed when the person in question is found to possess, transport, harbor, or import:
(1) Any two or more animal specimens of the opposite sex that are prohibited or restricted, without a permit, or are a pest designated by statute or rule;
(2) Any three or more animal specimens of either sex that are prohibited or restricted, without a permit, or are a pest designated by statute or rule;
(3) Any plant or microorganism having the inherent capability to reproduce and that is restricted, without a permit; or
(4) Any specimen that is in the process of reproduction."
SECTION 4. Section 150A-53, Hawaii Revised Statutes, is amended to read as follows:
"§150A-53 General actions to achieve objectives. (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:
(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;
(2) Establish, operate, or participate in operating port‑of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of:
(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and
(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;
(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;
(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;
(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;
(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and
(7) Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit[,] to the environment and economy of the State.
(b) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors.
(c) The plant nursery registration program established under part :
(1) Shall be considered a part of the biosecurity program; and
(2) May be administered by and enforced using the officials and funds available to the biosecurity program."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title: DOA; Invasive Species; Plant Nursery Registry Program; Pests; Taxa; Quarantine; Control and Eradication; Biosecurity Description: Establishes a Plant Nursery Registry Program to regulate the sale of nursery stock. Requires certain plant nurseries to register with the Department of Agriculture. Establishes penalties. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
DOA; Invasive Species; Plant Nursery Registry Program; Pests; Taxa; Quarantine; Control and Eradication; Biosecurity
Description:
Establishes a Plant Nursery Registry Program to regulate the sale of nursery stock. Requires certain plant nurseries to register with the Department of Agriculture. Establishes penalties. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.