REPORT TITLE:
Quarantine


DESCRIPTION:
Requires the department of agriculture (DOA) to maintain lists of
nonrestricted, restricted, and prohibited microorganisms.
Provides a procedure for allowing the importation and possession
of restricted microorganisms and the importation of
microorganisms not on any list on a case-by-case basis.  Requires
DOA to publish interim rules at least once statewide and
increases the number of days currently required for publishing
from the date of issuance.  (HB336 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        336
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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.           H.D. 1
                                                        
                                                        

 
 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 to read as follows:
 
17      "§150A-6 Soil, plants, animals, etc., importation or
 
18 possession prohibited.(a)  No person shall transport, receive
 
19 for transport, or cause to be transported to the State, for the
 
20 purpose of debarkation or entry thereinto, any of the following:
 
21      (1)  Soil; provided that limited quantities of soil may be
 
22           imported into the State for experimental or other
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           scientific purposes under permit with conditions
 
 2           prescribed by the department;
 
 3      (2)  Rocks, plants, plant products, or any article with soil
 
 4           adhering thereto;
 
 5      (3)  Any live snake, flying fox, fruit bat, Gila monster,
 
 6           injurious insect, or eels of the order Anguilliformes,
 
 7           or any other animal, plant, or microorganism in any
 
 8           stage of development that is detrimental or potentially
 
 9           harmful to agriculture, horticulture, animal or public
 
10           health, or natural resources, including native biota,
 
11           or has an adverse effect on the environment as
 
12           determined by the board, except that, notwithstanding
 
13           the list of animals prohibited entry into the State,
 
14           the department may bring into and maintain in the State
 
15           one live, sterile brown tree snake of the male sex for
 
16           the purpose of research or training of snake detector
 
17           dogs, and, further, that a government agency may bring
 
18           into and maintain in the State not more than two live,
 
19           nonvenomous snakes of the male sex solely for the
 
20           purpose of exhibition in a government zoo, but only
 
21           after:
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  The board is presented with satisfactory evidence
 
 2                that the sex of the snakes was established to be
 
 3                male prior to the shipment; and
 
 4           (B)  The board gives written approval conditioned upon
 
 5                such terms as the board may deem necessary, which
 
 6                terms shall include measures to assure the
 
 7                prevention of escape, continuing supervision and
 
 8                control by the board with respect to any
 
 9                department import under this paragraph, and the
 
10                manner in which the snakes shall be disposed of or
 
11                destroyed.
 
12           In case of the death of one or more snakes, the
 
13           department or government agency may import and maintain
 
14           replacements subject to the conditions described in
 
15           this paragraph; and
 
16      (4)   Any live or dead honey bees, or used bee equipment
 
17           that is not certified by the department to be free of
 
18           pests; provided that nothing in this paragraph shall be
 
19           construed to prohibit the importation of bee semen.
 
20      (b)  The board shall maintain:
 
21      (1)  A list of [conditionally-approved] conditionally
 
22           approved animals [and microorganisms] that require a
 
23           permit for import into the State;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 approved animals [or microorganisms], for the purpose of
 
 2 remediating medical emergencies or agricultural or ecological
 
 3 disasters, or conducting medical or scientific research in a
 
 4 manner that the animal [or microorganism] will not be detrimental
 
 5 to agriculture, the environment, or humans if the importer of the
 
 6 animal [or microorganism] can meet permit requirements
 
 7 [consistent with Centers for Disease Control and National
 
 8 Institute of Health guidelines or other guidelines] as determined
 
 9 by the board; and provided further that the department may issue
 
10 a short-term special permit on a case-by-case basis not to exceed
 
11 ninety days for the importation and possession of an animal that
 
12 is not on the list of prohibited, restricted, or [conditionally-
 
13 approved] conditionally approved animals for the purpose of
 
14 filming, performance, or exhibition if the importer of the animal
 
15 can meet permit and bonding requirements as determined by the
 
16 board.  [All]
 
17      (c)  The board shall maintain:
 
18      (1)  A list of nonrestricted microorganisms allowed entry
 
19           into the State without a permit but which are subject
 
20           to the notification and inspection requirements of
 
21           section 150A-5;
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  A list of restricted microorganisms that require a
 
 2           permit for import into the State and for possession;
 
 3           and
 
 4      (3)  A list of microorganisms that are prohibited entry into
 
 5           the State, except as provided herein.
 
 6 Microorganisms on the list of restricted microorganisms shall be
 
 7 imported only by permit.  The department may issue an emergency
 
 8 permit on a case-by-case basis to a state or federal agency or
 
 9 state university for the import and possession of a microorganism
 
10 on the list of prohibited microorganisms for the purpose of
 
11 remediating medical emergencies or agricultural or ecological
 
12 disasters pursuant to the board's determination that the
 
13 emergency or disaster exists and if the importer is able to meet
 
14 permit requirements consistent with Centers of Disease Control
 
15 and Prevention and National Institute of Health guidelines or
 
16 other guidelines as determined by the board; provided that the
 
17 board, without regard to rule requirements for advisory review,
 
18 shall obtain advice from qualified persons with relevant
 
19 expertise.
 
20      Any microorganism that is not on the lists of nonrestricted,
 
21 restricted, or prohibited microorganisms may not enter the State
 
22 until the board's review and determination for placement on one
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 of those lists; provided that pending the listing by rule of an
 
 2 unlisted microorganism determined by the board to be allowed for
 
 3 import, the department may issue a special permit on a case-by-
 
 4 case basis for the importation and possession of the
 
 5 microorganism for purposes approved by the board if the
 
 6 microorganism is used in a manner that will not be detrimental to
 
 7 agriculture, horticulture, the environment, animals, and humans,
 
 8 and if the importer is able to meet conditions established by the
 
 9 board.
 
10      (d)  Except as otherwise provided herein, all permits
 
11 referenced in this section shall be issued pursuant to rules and
 
12 any violation of the conditions listed on the permits shall be a
 
13 violation of this section.
 
14      [(c)] (e)  The board shall maintain a list of restricted
 
15 plants and a list of prohibited plants.  Restricted plants shall
 
16 not be imported into the State without a permit issued pursuant
 
17 to rules, and any violation of the conditions listed on the
 
18 permit shall be a violation of this section.
 
19      [(d)] (f)  No person shall possess, propagate, sell,
 
20 transfer, or harbor any plant, animal, or microorganism included
 
21 on the list or lists of prohibited plants, animals, and
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 microorganisms  maintained by the board under this section,
 
 2 except as allowed by the board upon a determination that the
 
 3 species:
 
 4      (1)  Was initially permitted entry and later prohibited
 
 5           entry into the State; or
 
 6      (2)  Was continually prohibited but unlawfully introduced
 
 7           and is currently established in the State; and
 
 8      (3)  Is not significantly harmful to agriculture,
 
 9           horticulture, animal or public health, and the
 
10           environment.
 
11 Under the circumstances described in this subsection, the board
 
12 may permit possession of the individual plant, animal, or
 
13 microorganism through its registration with the department while
 
14 still prohibiting the same species of plant, animal, or
 
15 microorganism from importation, propagation, transfer, and sale.
 
16      [(e)] (g)  Without regard to the notice and public hearing
 
17 requirements of chapter 91, the board may adopt rules to make
 
18 additions to or deletions from the lists required to be
 
19 maintained in subsections (b), [and] (c)[;], and (e); provided
 
20 that the board shall adopt rules pursuant to chapter 91 to
 
21 establish methods to obtain public input and to notify the public
 
22 as to any additions to or deletions from the lists required under
 
23 subsections (b), [and] (c)[.], and (e)."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  Section 150A-7, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  It is a violation of section 150A-6 to bring to or
 
 4 possess in the State any living creature that is prohibited, or
 
 5 restricted and without a permit issued by the department, except
 
 6 as expressly provided in that section, and such a creature shall
 
 7 constitute contraband and shall be seized immediately upon
 
 8 discovery whenever found, and be destroyed, donated to a
 
 9 government zoo, or sent out of the State, at the discretion of
 
10 the department.  Any expense or loss in connection therewith
 
11 shall be borne by the owner or the owner's agent.  [The foregoing
 
12 shall not apply to any snake which is brought into the State by
 
13 the department for the purpose of research or training of snake
 
14 detector dogs, or by a government agency solely for the purpose
 
15 of exhibition in a government zoo pursuant to section 150A-
 
16 6(a)(3).]"
 
17      SECTION 4.  Section 150A-7.5, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§150A-7.5[]]  User fees.  Fees may be assessed for the
 
20 processing and issuance of [import] permits issued by the
 
21 department under this part and for inspections related to
 
22 [import] permit conditions, as established by rule."
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 5.  Section 150A-9.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Interim rules adopted by the department pursuant to
 
 4 this section shall be effective as stated by such rules; provided
 
 5 that any interim rule shall be published at least once [in each
 
 6 newspaper of general circulation in the State] statewide within
 
 7 [five] ten days of issuance; and provided further that no interim
 
 8 rule shall be effective for more than one hundred eighty days."
 
 9      SECTION 6.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 7.  This Act shall take effect upon its approval.