REPORT TITLE:
Microbial Products


DESCRIPTION:
Allows the importation into the State of approved microorganisms
without a permit and of restricted microorganisms with a permit.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1614
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURE. 


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

 1      SECTION 1.  Section 150A-2, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending the definition of "algae" to read:
 
 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      2.  By amending the definition of "bacteria" to read:
 
11      ""Bacteria" means any prokaryotic or archaebacterial
 
12 organism, except those bacteria on or in humans or animals in
 
13 Hawaii, and those in or on processed foods, beverages, or
 
14 pharmaceuticals[, and those in certain microbial products or used
 
15 as food or for food preparation as specified by rule]."
 
16      3.  By amending the definition of "fungus" to read:
 
17      ""Fungus" means all nonchlorophyll-bearing thallophytes,
 
18 except those fungi on or in humans or animals in Hawaii, and
 
19 those on or in processed foods, beverages, or pharmaceuticals[,
 

 
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 1 and those in certain microbial products or used as food or for
 
 2 food preparation as specified by rule]."
 
 3      4.  By amending the definition of "protozoa" to read:
 
 4      ""Protozoa" means any nonphotosynthetic eukaryotic
 
 5 organisms, either unicellular or composed of a group of more or
 
 6 less identical cells, generally motile by means of appendages or
 
 7 movements of the cell itself at some or all stages of their life
 
 8 cycle, except those protozoa on or in humans or animals in
 
 9 Hawaii, and those in or on processed foods, beverages, or
 
10 pharmaceuticals[, and those in certain microbial products as
 
11 specified by rule]."
 
12      5.  By amending the definition of "virus" to read:
 
13      ""Virus" means any of a class of noncellular submicroscopic
 
14 obligate parasite, chiefly nucleoprotein in composition but often
 
15 reducible to crystalline form, except those viruses on or in
 
16 humans, or animals in Hawaii, and those on or in processed foods,
 
17 beverages, or pharmaceuticals[, and those in certain microbial
 
18 products as specified by rule]."
 
19      SECTION 2.  Section 150A-6, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§150A-6 Soil, plants, animals, etc., importation or
 
22 possession prohibited.(a)  No person shall transport, receive
 
23 for transport, or cause to be transported to the State, for the
 

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

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

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

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

 
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                                     S.B. NO.           1614
                                                        
                                                        

 
 1           and
 
 2      (3)  A list of microorganisms that are prohibited entry into
 
 3           the State.
 
 4 Microorganisms on the list of restricted microorganisms shall be
 
 5 imported only by permit.  Entry of any microorganism that is not
 
 6 on the list of approved, restricted, or prohibited microorganisms
 
 7 shall be withheld entry until the board's review and
 
 8 determination for placement on one of the lists under this
 
 9 subsection; provided that the department may issue a special
 
10 permit on a case-by-case basis for the importation and possession
 
11 of a microorganism that is not on the lists of prohibited,
 
12 restricted, or approved microorganisms, for purposes approved by
 
13 the board; provided further that the microorganism is used in a
 
14 manner that will not be detrimental to agriculture, horticulture,
 
15 the environment, animals, or humans; and provided further that
 
16 the importer is able to meet the requirements of the board.
 
17      (d)  All permits referenced in this section shall be issued
 
18 pursuant to rules and any violation of the conditions listed on
 
19 the permits shall be a violation of this section.
 
20      [(c)] (e)  The board shall maintain a list of restricted
 
21 plants and a list of prohibited plants.  Restricted plants shall
 
22 not be imported into the State without a permit issued pursuant
 
23 to rules, and any violation of the conditions listed on the
 

 
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                                     S.B. NO.           1614
                                                        
                                                        

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

 
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                                     S.B. NO.           1614
                                                        
                                                        

 
 1 that the board shall adopt rules pursuant to chapter 91 to
 
 2 establish methods to obtain public input and to notify the public
 
 3 as to any additions to or deletions from the lists required under
 
 4 subsections (b) [and], (c)[.], and (e)." 
 
 5      SECTION 3.  Section 150A-9.5, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (c) to read as follows:
 
 7      "(c)  Interim rules adopted by the department pursuant to
 
 8 this section shall be effective as stated by such rules; provided
 
 9 that any interim rule shall be published at least once in [each]
 
10 a newspaper of general circulation in the State within [five]
 
11 seven days of issuance; and provided further that no interim rule
 
12 shall be effective for more than one hundred eighty days."
 
13      SECTION 4.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect on January 1, 2000.
 
16 
 
17                           INTRODUCED BY:  _______________________