REPORT TITLE:
Quarantine


DESCRIPTION:
Requires the department of agriculture (DOA) to maintain lists of
approved, restricted, and prohibited microorganisms.  Provides a
procedure for allowing the importation of microorganisms not on
any list on a case-by-case basis.  Allows DOA to publish interim
rules in a newspaper of general circulation and increases the
number of days currently required for publishing from the date of
issuance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            336         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 150A-2, Hawaii Revised Statutes, is
 
 2 amended by amending the definitions of "algae", "bacteria",
 
 3 "fungus", "protozoa", and "virus" to read as follows:
 
 4      ""Algae" means any plant containing chlorophyll, which lacks
 
 5 true roots, stems, and leaves, and typically inhabits moist
 
 6 habitats, except those algae on or in humans or animals in Hawaii
 
 7 and those in or on processed foods, beverages, or
 
 8 pharmaceuticals[, and those in certain microbial products or used
 
 9 as food or for food preparation as specified by rule].
 
10      "Bacteria" means any prokaryotic or archaebacterial
 
11 organism, except those bacteria on or in humans or animals in
 
12 Hawaii, and those in or on processed foods, beverages, or
 
13 pharmaceuticals[, and those in certain microbial products or used
 
14 as food or for food preparation as specified by rule].
 
15      "Fungus" means all nonchlorophyll-bearing thallophytes,
 
16 except those fungi on or in humans or animals in Hawaii, and
 
17 those on or in processed foods, beverages, or pharmaceuticals[,
 
18 and those in certain microbial products or used as food or for
 
19 food preparation as specified by rule].
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "Protozoa" means any nonphotosynthetic eukaryotic organisms,
 
 2 either unicellular or composed of a group of more or less
 
 3 identical cells, generally motile by means of appendages or
 
 4 movements of the cell itself at some or all stages of their life
 
 5 cycle, except those protozoa on or in humans or animals in
 
 6 Hawaii, and those in or on processed foods, beverages, or
 
 7 pharmaceuticals[, and those in certain microbial products as
 
 8 specified by rule].
 
 9      "Virus" means any of a class of noncellular submicroscopic
 
10 obligate parasite, chiefly nucleoprotein in composition but often
 
11 reducible to crystalline form, except those viruses on or in
 
12 humans, or animals in Hawaii, and those on or in processed foods,
 
13 beverages, or pharmaceuticals[, and those in certain microbial
 
14 products as specified by rule]."
 
15      SECTION 2.  Section 150A-6, Hawaii Revised Statutes, is
 
16 amended by amending subsections (b) and (c) to read as follows:
 
17      "(b)  The board shall maintain:
 
18      (1)  A list of [conditionally-approved] conditionally
 
19           approved animals [and microorganisms] that require a
 
20           permit for import into the State;
 
21      (2)  A list of restricted animals [and microorganisms] that
 
22           require a permit for both import into the State and
 
23           possession; and
 

 
Page 3                                         336         
                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  A list of animals [and microorganisms] that are
 
 2           prohibited entry into the State;
 
 3 provided that the board shall adopt rules, pursuant to chapter
 
 4 91, to establish an ad hoc panel of no fewer than three members
 
 5 with applicable expertise in vertebrate biology to identify
 
 6 whether an animal is a prohibited hybrid animal when the
 
 7 department suspects that the lineage of the animal is not as
 
 8 stated by the owner or on other official documents.
 
 9      Animals [and microorganisms] on the lists of [conditionally-
 
10 approved] conditionally approved and restricted animals [and
 
11 microorganisms] shall be imported only by permit.  Any animal [or
 
12 microorganism] that is not on the lists of [conditionally-
 
13 approved,] conditionally approved, restricted, or prohibited
 
14 animals [and microorganisms] shall be prohibited until the
 
15 board's review and determination for placement on one of these
 
16 lists; provided that the department may issue a special permit on
 
17 a case-by-case basis for the importation and possession of an
 
18 animal [or a microorganism] that is not on the lists of
 
19 prohibited, restricted, or [conditionally-approved] conditionally
 
20 approved animals [or microorganisms], for the purpose of
 
21 remediating medical emergencies or agricultural or ecological
 
22 disasters, or conducting medical or scientific research in a
 
23 manner that the animal [or microorganism] will not be detrimental
 

 
Page 4                                         336         
                                     H.B. NO.           
                                                        
                                                        

 
 1 to agriculture, the environment, or humans if the importer of the
 
 2 animal [or microorganism] can meet permit requirements consistent
 
 3 with Centers for Disease Control and National Institute of Health
 
 4 guidelines or other guidelines as determined by the board; and
 
 5 provided further that the department may issue a short-term
 
 6 special permit on a case-by-case basis not to exceed ninety days
 
 7 for the importation and possession of an animal that is not on
 
 8 the list of prohibited, restricted, or [conditionally-approved]
 
 9 conditionally approved animals for the purpose of filming,
 
10 performance, or exhibition if the importer of the animal can meet
 
11 permit and bonding requirements as determined by the board.  All
 
12 permits referenced in this section shall be issued pursuant to
 
13 rules and any violation of the conditions listed on the permits
 
14 shall be a violation of this section.
 
15      (c)  The board shall maintain [a]:
 
16      (1)  A list of restricted plants and a list of prohibited
 
17           plants.  Restricted plants shall not be imported into
 
18           the State without a permit issued pursuant to rules,
 
19           and any violation of the conditions listed on the
 
20           permit shall be a violation of this section[.];
 
21      (2)  A list specifying approved microorganisms that are
 
22           allowed entry into the State without permit but are
 
23           subject to the notification and inspection requirements
 
24           of section 150A-5; 
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  A list specifying restricted microorganisms that
 
 2           require a permit for both import into the State and
 
 3           possession; and
 
 4      (4)  A list specifying microorganisms that are prohibited
 
 5           entry into the State.
 
 6      Microorganisms on the list of restricted microorganisms
 
 7 shall be imported only by permit.  Any microorganism that is not
 
 8 on the lists of approved, restricted, or prohibited
 
 9 microorganisms shall be restricted entry until the board's review
 
10 and determination for placement on one of these lists; provided
 
11 that the department may issue a special permit on a case-by-case
 
12 basis for the importation and possession of a microorganism that
 
13 is not on the lists of prohibited, restricted, or approved
 
14 microorganisms, for purposes approved by the board; and provided
 
15 further that the microorganism is used in a manner that will not
 
16 be detrimental to agriculture, horticulture, environment,
 
17 animals, or humans, and the importer of the microorganism can
 
18 meet the requirements of the board."
 
19      SECTION 3.  Section 150A-9.5, Hawaii Revised Statutes, is
 
20 amended by amending subsection (c) to read as follows:
 
21      "(c)  Interim rules adopted by the department pursuant to
 
22 this section shall be effective as stated by such rules; provided
 
23 that any interim rule shall be published at least once in [each]
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 a newspaper of general circulation in the State within [five]
 
 2 seven days of issuance; and provided further that no interim rule
 
 3 shall be effective for more than one hundred eighty days."
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________