HOUSE OF REPRESENTATIVES	H.B. NO.	2596
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to plants.

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

SECTION 1. The legislature finds that invasive plant species are sold within the State and unknowingly purchased by consumers. The legislature further finds that the list of noxious weeds that are prohibited from import or sale in the State and maintained by the department of agriculture and biosecurity was last updated in 1992, contains species that are now widespread, and omits some of the invasive plant species that pose the highest risks.

The legislature additionally finds that the plant pono program was created to help Hawaii residents and members of the nursery industry and related industries make wise planting decisions that protect the State by reducing the sale, planting, and spread of invasive species. The plant pono program provides a publicly accessible website and resources that allow users to select plants that are less likely to escape cultivation and harm native forests, watersheds, agriculture, and biodiversity. The plant pono program relies on the Hawaii-Pacific weed risk assessment, a science-based tool that provides standardized ratings of the potential invasiveness of plant species in Hawaii, helping resource managers, retailers, and the public make informed planting decisions.

The legislature believes that providing consumers information about the invasiveness of the plants that they purchase will protect unsuspecting consumers from bringing invasive species into their yards, neighborhoods, and communities.

The purpose of this Act is to require certain persons who sell or offer plants for sale at retail to provide information on the risk of invasiveness of the plant species.

SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§150A-    Invasive plants; weed risk assessment; labeling. (a) Any person who sells or offers for sale any species of plant to the final consumer in the State shall provide, in a conspicuous manner on each plant sold or offered for sale, information on the risk of invasiveness of the plant species based on its weed risk assessment.

(b) The information on risk of invasiveness of a plant species required by subsection (a) shall include a sticker or tag affixed to each plant, or conspicuously displayed for a grouping of the same plant species, that includes a link to the plant pono program website to allow the public access to the weed risk assessment, if available.

(c) The invasive species council shall develop a universal, color-coded label that indicates a plant species' weed risk assessment, ranging from "Least Invasive" to "Most Invasive". The label shall be displayed on each plant sold or offered for sale alongside the sticker or tagged affixed to the plant pursuant to subsection (b).

(d) If a plant species has not undergone a weed risk assessment, the plant species may be submitted to the Hawaii-Pacific weed risk assessment program for evaluation.

(e) The labeling of plants pursuant this section shall not be required for plants sold by a noncommercial plant grower.

(f) Notwithstanding section 150A-14 to the contrary, any person who violates any provision of this section or any rule adopted pursuant to this section shall be subject to a fine of no less than $100. Any action taken to impose or collect the fine provided for in this subsection shall be considered a civil action.

(g) The department, in collaboration with the invasive species council, may adopt rules pursuant to chapter 91 necessary to implement this section.

(h) For the purposes of this section, "weed risk assessment" means the score assigned to a plant species that has undergone the Hawaii-Pacific weed risk assessment administered by the invasive species council, or any successor weed risk assessment."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2027.

INTRODUCED BY:

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Report Title:

Department of Agriculture and Biosecurity; Invasive Species Council; Invasive Plant Species; Labeling; Weed Risk Assessment

Description:

Requires persons who sell or offer plants for sale at retail to provide information on the risk of invasiveness of the plant species. Requires the Invasive Species Council to develop a labeling system for plants that displays the plants' weed risk assessments. Establishes fines for violations. Effective 1/1/2027.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.