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 prohibited 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 SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
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.  Chapter 150A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§150A-    Microorganisms; importation by certified
 
 5 importers.  (a)  Notwithstanding any other provision to the
 
 6 contrary, the board shall maintain a list of prohibited
 
 7 microorganisms that pose a known significant threat to
 
 8 agriculture, horticulture, animals, or the public due to the
 
 9 unique ecosystem of the State but do not require a permit for
 
10 importation into the State according to the Centers for Disease
 
11 Control, the National Institutes of Health, or the United States
 
12 Department of Agriculture.  The list of prohibited microorganisms
 
13 shall also include federally-permitted organisms that are known
 
14 to pose an unusual hazard to the State.
 
15      (b)  Microorganisms that are on the list of prohibited
 
16 microorganisms may be imported into the State, subject to a
 
17 permit issued by the department, for the purpose of conducting
 
18 medical or scientific research in a controlled environment and in
 
19 a manner that the microorganism will not be detrimental to
 

 
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 1 agriculture, the environment, or humans if the importer of the
 
 2 microorganism can meet permit requirements consistent with
 
 3 Centers for Disease Control and National Institutes of Health
 
 4 guidelines or other guidelines as determined by the board.  To
 
 5 obtain a state permit, an importer of a microorganism shall:
 
 6      (1)  Obtain certification from the department that the
 
 7           importer meets the requirements under this section and
 
 8           pursuant to rules adopted by the department; and
 
 9      (2)  Pass an on-site inspection by the department of the
 
10           importer's facility.
 
11 The department may establish certification fees.
 
12      (c)  Upon approval by the department that the importer and
 
13 the importer's facility meets the requirements under this section
 
14 and rules adopted by the department, the importer shall be deemed
 
15 to be a certified importer for any microorganism that is not on
 
16 the list of prohibited microorganisms or any microorganism that
 
17 is not on the lists of nonrestricted, restricted, or prohibited
 
18 microorganisms for a period of one calendar year; provided that:
 
19      (1)  The importer shall report all microorganisms that are
 
20           not on the list of prohibited organisms to the
 
21           department within ten days from the time the
 
22           microorganism is imported into the State; and
 
23      (2)  The importer shall report all microorganisms that are
 

 
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 1           not on the lists of nonrestricted, restricted, or
 
 2           prohibited microorganisms to the department within five
 
 3           days from the time the microorganism is imported into
 
 4           the State.
 
 5      (d)  Each certified importer shall maintain a record of all
 
 6 microorganisms that the importer brings into the State.  The
 
 7 importer shall submit to the department an annual report,
 
 8 including a copy of the record of the microorganisms that are
 
 9 brought into the State.  The department shall audit and maintain
 
10 a record of all importers and microorganisms that are brought
 
11 into the State.
 
12      (e)  The department shall establish rules specifying fines,
 
13 penalties, and revocation of certification of the importation of
 
14 any microorganism under this section.
 
15      (f)  Any violation of conditions listed on permits shall be
 
16 a violation of this section."
 
17      SECTION 2.  Section 150A-2, Hawaii Revised Statutes, is
 
18 amended by amending the definitions of "algae", "bacteria",
 
19 "fungus", "protozoa", and "virus" to read as follows:
 
20      ""Algae" means any plant containing chlorophyll, which lacks
 
21 true roots, stems, and leaves, and typically inhabits moist
 
22 habitats, except those algae on or in humans or animals in Hawaii
 
23 and those in or on processed foods, beverages, or
 

 
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 1 pharmaceuticals[, and those in certain microbial products or used
 
 2 as food or for food preparation as specified by rule].
 
 3      "Bacteria" means any prokaryotic or archaebacterial
 
 4 organism, except those bacteria on or in humans or animals in
 
 5 Hawaii, and those in or on processed foods, beverages, or
 
 6 pharmaceuticals[, and those in certain microbial products or used
 
 7 as food or for food preparation as specified by rule].
 
 8      "Fungus" means all nonchlorophyll-bearing thallophytes,
 
 9 except those fungi on or in humans or animals in Hawaii, and
 
10 those on or in processed foods, beverages, or pharmaceuticals[,
 
11 and those in certain microbial products or used as food or for
 
12 food preparation as specified by rule].
 
13      "Protozoa" means any nonphotosynthetic eukaryotic organisms,
 
14 either unicellular or composed of a group of more or less
 
15 identical cells, generally motile by means of appendages or
 
16 movements of the cell itself at some or all stages of their life
 
17 cycle, except those protozoa on or in humans or animals in
 
18 Hawaii, and those in or on processed foods, beverages, or
 
19 pharmaceuticals[, and those in certain microbial products as
 
20 specified by rule].
 
21      "Virus" means any of a class of noncellular submicroscopic
 
22 obligate parasite, chiefly nucleoprotein in composition but often
 
23 reducible to crystalline form, except those viruses on or in
 

 
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 1 humans, or animals in Hawaii, and those on or in processed foods,
 
 2 beverages, or pharmaceuticals[, and those in certain microbial
 
 3 products as specified by rule]."
 
 4      SECTION 3.  Section 150A-6, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§150A-6 Soil, plants, animals, etc., importation or
 
 7 possession prohibited.(a)  No person shall transport, receive
 
 8 for transport, or cause to be transported to the State, for the
 
 9 purpose of debarkation or entry thereinto, any of the following:
 
10      (1)  Soil; provided that limited quantities of soil may be
 
11           imported into the State for experimental or other
 
12           scientific purposes under permit with conditions
 
13           prescribed by the department;
 
14      (2)  Rocks, plants, plant products, or any article with soil
 
15           adhering thereto;
 
16      (3)  Any live snake, flying fox, fruit bat, Gila monster,
 
17           injurious insect, or eels of the order Anguilliformes,
 
18           or any other animal, plant, or microorganism in any
 
19           stage of development that is detrimental or potentially
 
20           harmful to agriculture, horticulture, animal or public
 
21           health, or natural resources, including native biota,
 
22           or has an adverse effect on the environment as
 
23           determined by the board, except that, notwithstanding
 

 
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 1           the list of animals prohibited entry into the State,
 
 2           the department may bring into and maintain in the State
 
 3           one live, sterile brown tree snake of the male sex for
 
 4           the purpose of research or training of snake detector
 
 5           dogs, and, further, that a government agency may bring
 
 6           into and maintain in the State not more than two live,
 
 7           nonvenomous snakes of the male sex solely for the
 
 8           purpose of exhibition in a government zoo, but only
 
 9           after:
 
10           (A)  The board is presented with satisfactory evidence
 
11                that the sex of the snakes was established to be
 
12                male prior to the shipment; and
 
13           (B)  The board gives written approval conditioned upon
 
14                such terms as the board may deem necessary, which
 
15                terms shall include measures to assure the
 
16                prevention of escape, continuing supervision and
 
17                control by the board with respect to any
 
18                department import under this paragraph, and the
 
19                manner in which the snakes shall be disposed of or
 
20                destroyed.
 
21           In case of the death of one or more snakes, the
 
22           department or government agency may import and maintain
 
23           replacements subject to the conditions described in
 

 
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 1           this paragraph; and
 
 2      (4)  Any live or dead honey bees, or used bee equipment that
 
 3           is not certified by the department to be free of pests;
 
 4           provided that nothing in this paragraph shall be
 
 5           construed to prohibit the importation of bee semen.
 
 6      (b)  The board shall maintain:
 
 7      (1)  A list of [conditionally-approved] conditionally
 
 8           approved animals [and microorganisms] that require a
 
 9           permit for import into the State;
 
10      (2)  A list of restricted animals [and microorganisms] that
 
11           require a permit for both import into the State and
 
12           possession; and
 
13      (3)  A list of animals [and microorganisms] that are
 
14           prohibited entry into the State;
 
15 provided that the board shall adopt rules, pursuant to chapter
 
16 91, to establish an ad hoc panel of no fewer than three members
 
17 with applicable expertise in vertebrate biology to identify
 
18 whether an animal is a prohibited hybrid animal when the
 
19 department suspects that the lineage of the animal is not as
 
20 stated by the owner or on other official documents.
 
21      Animals [and microorganisms] on the lists of [conditionally-
 
22 approved] conditionally approved and restricted animals [and
 
23 microorganisms] shall be imported only by permit.  Any animal [or
 

 
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 1 microorganism] that is not on the lists of [conditionally-
 
 2 approved,] conditionally approved, restricted, or prohibited
 
 3 animals [and microorganisms] shall be prohibited until the
 
 4 board's review and determination for placement on one of these
 
 5 lists; provided that the department may issue a special permit on
 
 6 a case-by-case basis for the importation and possession of an
 
 7 animal [or a microorganism] that is not on the lists of
 
 8 prohibited, restricted, or [conditionally-approved] conditionally
 
 9 approved animals [or microorganisms], for the purpose of
 
10 remediating medical emergencies or agricultural or ecological
 
11 disasters, or conducting medical or scientific research in a
 
12 manner that the animal [or microorganism] will not be detrimental
 
13 to agriculture, the environment, or humans if the importer of the
 
14 animal [or microorganism] can meet permit requirements
 
15 [consistent with Centers for Disease Control and National
 
16 Institute of Health guidelines or other guidelines] as determined
 
17 by the board; and provided further that the department may issue
 
18 a short-term special permit on a case-by-case basis not to exceed
 
19 ninety days for the importation and possession of an animal that
 
20 is not on the list of prohibited, restricted, or [conditionally-
 
21 approved] conditionally approved animals for the purpose of
 
22 filming, performance, or exhibition if the importer of the animal
 
23 can meet permit and bonding requirements as determined by the
 

 
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 1 board.  [All]
 
 2      (c)  The board shall maintain:
 
 3      (1)  A list of nonrestricted microorganisms allowed entry
 
 4           into the State without a permit but which are subject
 
 5           to the notification and inspection requirements of
 
 6           section 150A-5;
 
 7      (2)  A list of restricted microorganisms that require a
 
 8           permit for import into the State and for possession;
 
 9           and
 
10      (3)  A list of microorganisms that are prohibited entry into
 
11           the State, except as provided herein.
 
12 Microorganisms on the list of restricted microorganisms shall be
 
13 imported only by permit.  The department may issue an emergency
 
14 permit on a case-by-case basis to a state or federal agency or
 
15 state university for the import and possession of a microorganism
 
16 on the list of prohibited microorganisms for the purpose of
 
17 remediating medical emergencies or agricultural or ecological
 
18 disasters pursuant to the board's determination that the
 
19 emergency or disaster exists and if the importer is able to meet
 
20 permit requirements consistent with Centers of Disease Control
 
21 and Prevention and National Institute of Health guidelines or
 
22 other guidelines as determined by the board; provided that the
 
23 board, without regard to rule requirements for advisory review,
 

 
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 1 shall obtain advice from qualified persons with relevant
 
 2 expertise.
 
 3      Any microorganism that is not on the lists of nonrestricted,
 
 4 restricted, or prohibited microorganisms may not enter the State
 
 5 until the board's review and determination for placement on one
 
 6 of those lists; provided that pending the listing by rule of an
 
 7 unlisted microorganism determined by the board to be allowed for
 
 8 import, the department may issue a special permit on a case-by-
 
 9 case basis for the importation and possession of the
 
10 microorganism for purposes approved by the board if the
 
11 microorganism is used in a manner that will not be detrimental to
 
12 agriculture, horticulture, the environment, animals, and humans,
 
13 and if the importer is able to meet conditions established by the
 
14 board.
 
15      (d)  Except as otherwise provided herein, all permits
 
16 referenced in this section shall be issued pursuant to rules and
 
17 any violation of the conditions listed on the permits shall be a
 
18 violation of this section.
 
19      [(c)] (e)  The board shall maintain a list of restricted
 
20 plants and a list of prohibited plants.  Restricted plants shall
 
21 not be imported into the State without a permit issued pursuant
 
22 to rules, and any violation of the conditions listed on the
 
23 permit shall be a violation of this section.
 

 
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 1      [(d)] (f)  No person shall possess, propagate, sell,
 
 2 transfer, or harbor any plant, animal, or microorganism included
 
 3 on the list or lists of prohibited plants, animals, and
 
 4 microorganisms  maintained by the board under this section,
 
 5 except as allowed by the board upon a determination that the
 
 6 species:
 
 7      (1)  Was initially permitted entry and later prohibited
 
 8           entry into the State; or
 
 9      (2)  Was continually prohibited but unlawfully introduced
 
10           and is currently established in the State; and
 
11      (3)  Is not significantly harmful to agriculture,
 
12           horticulture, animal or public health, and the
 
13           environment.
 
14 Under the circumstances described in this subsection, the board
 
15 may permit possession of the individual plant, animal, or
 
16 microorganism through its registration with the department while
 
17 still prohibiting the same species of plant, animal, or
 
18 microorganism from importation, propagation, transfer, and sale.
 
19      [(e)] (g)  Without regard to the notice and public hearing
 
20 requirements of chapter 91, the board may adopt rules to make
 
21 additions to or deletions from the lists required to be
 
22 maintained in subsections (b), [and] (c)[;], and (e); provided
 
23 that the board shall adopt rules pursuant to chapter 91 to
 

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

 
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 1 department under this part and for inspections related to
 
 2 [import] permit conditions, as established by rule."
 
 3      SECTION 6.  Section 150A-9.5, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (c) to read as follows:
 
 5      "(c)  Interim rules adopted by the department pursuant to
 
 6 this section shall be effective as stated by such rules; provided
 
 7 that any interim rule shall be published at least once [in each
 
 8 newspaper of general circulation in the State] statewide within
 
 9 [five] ten days of issuance; and provided further that no interim
 
10 rule shall be effective for more than one hundred eighty days."
 
11      SECTION 7.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 8.  This Act shall take effect on July 1, 3001.