SB2174

SECTION 1. Section 141-3, Hawaii Revised Statutes, is amended to read as follows:

"§141-3 Designation of pests; control or eradication of pests; emergency power. (a) The department of agriculture and biosecurity shall designate the coqui frog as a pest. All other pest designations shall be established by rule, including the criteria and procedures for the designation of pests for control or eradication.

(b) The department of agriculture and biosecurity shall, so far as reasonably practicable, assist, free of cost to individuals, in the control or eradication of insects, mites, diseases, noxious weeds, or other pests injurious to the environment or vegetation of value; and in the investigation, suppression, and eradication of contagious, infectious, and communicable diseases among domestic animals; and shall in like manner distribute to points where needed, beneficial insects, or pathogens and other antidotes for the control of insects, mites, diseases, or other pests injurious to the environment or vegetation of value, and for the control or eradication of vegetation of a noxious character.

(c) Notwithstanding subsection (a), if the department finds the incipient infestation of a pest that has an adverse effect on the environment or that is injurious or deleterious or that is likely to become injurious or deleterious to the agricultural, horticultural, aquacultural, or livestock industries of the State without immediate action, it may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of the pest to be effective for a period of not longer than one hundred eighty days without renewal.

(d) Notwithstanding subsections (a) and (c), the department may declare an emergency quarantine pursuant to chapter 150A when it has been reasonably determined that there is a threat to the environment in the State or an area of the State is discovered to be infected with an animal disease or infested with a high-impact invasive species or pest. As part of their emergency quarantine powers, the department may order the halt of any operations related to or within the affected area for a period of ninety-six hours; provided that, during this timeframe, the board of agriculture and biosecurity may vote to extend the period to address the emergency or initiate mitigation or treatment options."

SECTION 2. Section 150A-8, Hawaii Revised Statutes, is amended to read as follows:

"§150A-8 Transporting in State. (a) Flora [~~and~~], fauna, and any other article or material specified by rules and regulations of the department shall not be moved from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department.

(b) The department may quarantine any business or other area that is known or reasonably suspected to be, based on the results of systematic surveys or reports or proximity to known populations, infested or infected with a pest or any other prohibited, restricted, or unlisted organism in violation of this chapter or any rule adopted under this chapter to prevent the movement of articles or materials to or from the infested location.

[~~(b)~~] (c) The movement between the islands of the State of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry‑grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the following manner [~~hereinafter set forth~~]:

(1) Inspectional requirements. Any person who receives for transport, or brings or causes movement between the islands of the State, as freight, air freight, baggage, as ship's stores, or otherwise, any of the foregoing articles, shall ensure that the articles comply with inspectional requirements pursuant to rules and shall provide upon the inspector's request the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent, marks, number of packages, description of contents of each package, and any other information that may be necessary to inspect, locate, or identify the same. If the articles are not inspected pursuant to rules, the articles shall be held in a manner that [~~they will not~~] prevents spread or [~~be likely to spread~~] the likelihood of spreading any infestation or infection of insects, diseases, or pests that may be present until an inspection can be made by the inspector to determine whether any article, or any portion thereof, is infested or infected with insects or diseases, or contains any pest. The department may adopt rules to define inspectional requirements of specific articles. Failure to obtain certification that the articles have met the inspectional requirements prior to movement between the islands of the State [is] shall be a violation of this section;

(2) Labels. Each container in which any of the [~~above-mentioned~~] articles are transported between the islands of the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, and a statement of the contents of the container. Failure to comply with this paragraph [is] shall be a violation of this section;

(3) Authority to inspect. Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall:

(A) Enter and inspect any aircraft, vessel, or other carrier at any time whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted [~~thereto,~~] pursuant to this chapter is present;

(B) Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the [~~above-mentioned~~] articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals;

(C) Inspect any baggage or personal effects of passengers, officers, and crew members on aircraft or vessels moving between the islands of the State to ascertain if they contain any of the articles or pests enumerated in this chapter;

(D) Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area; and

(E) Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant [~~thereto~~] to this chapter is present. It is a violation of this section if any prohibited article, pest, or any article infested with an insect or disease is found;

(4) Place of inspection. The inspector shall make a determination whether it is necessary or advisable to move any of the [~~above-mentioned~~] articles, or any portion thereof, to a place more suitable for inspection than the pier, airport, or any other place where they are initially presented for inspection. All costs and expenses incident to the movement and transportation of the articles to [~~such~~] the place shall be borne by the consignee or the consignee's agent;

(5) Disinfection or quarantine. If, upon inspection, any article intended for movement between the islands of the State is found to be infested or infected with an insect, disease, or pest, or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given [~~such~~] the article [~~prior to~~] before movement between the islands of the State. The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department. The article shall be quarantined at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infestation or infection is of [~~such~~] the nature or extent that it cannot be effectively and completely eradicated, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the shipment, article, or any portion thereof, together with all packing and containers, shall not be certified for movement between the islands of the State. An article infested or infected with an insect, disease, or pest that is not widespread in the State shall be destroyed at the expense of the owner or the owner's agent; provided that no treatment exists that would eradicate the insect, disease, or pest to the satisfaction of the department. [~~Such~~] The destruction shall not be made the basis of a claim against the department or the inspector for damage or loss incurred; and

(6) Disposition. Upon completion of inspection, the inspector shall conspicuously affix to the article, container, or to the delivery order or other similar document, a tag, label, or stamp to indicate that the article has been inspected and can be moved between the islands of the State."

SECTION 3. Section 150A-9.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting of flora [~~and~~], fauna, and other materials into and within the State. [~~Such~~] The rules shall not be subject to chapter 91.

(b) An interim rule may be adopted in the event that the importation or movement of any flora [or], fauna, or materials, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or, fauna present in the State [~~which~~] that is so immediate in nature as to constitute an emergency. No interim rule shall be adopted without [~~such~~] a finding by the advisory committee on plants and animals created under section 150A-10."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2174
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII