REPORT TITLE:
Quarantine; Microorganisms


DESCRIPTION:
Provides for the regulation of microbial products and unlisted
microorganisms by the DOA under the plant and non-domestic animal
quarantine law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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 adding two new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Microbial product" means any product manufactured with
 
 5 known cultures of microorganisms for the purpose of
 
 6 bioremediation or bioaugmentation, including products such as
 
 7 biopesticides.
 
 8      "Unlisted microorganism" means any microorganism not on the
 
 9 lists of nonrestricted or restricted microorganisms."
 
10      SECTION 2.  Section 150A-6, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§150A-6  Soil, plants, animals, etc., importation or
 
13 possession prohibited.(a)  No person shall transport, receive
 
14 for transport, or cause to be transported to the State, for the
 
15 purpose of debarkation or entry thereinto, any of the following:
 
16      (1)  Soil; provided that limited [[]quantities[]] of soil
 
17           may be imported into the State for experimental or
 
18           other scientific purposes under permit with conditions
 
19           prescribed by the department;
 

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

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

 
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 1 91, to establish an ad hoc panel of no fewer than three members
 
 2 with applicable expertise in vertebrate biology to identify
 
 3 whether an animal is a prohibited hybrid animal when the
 
 4 department suspects that the lineage of the animal is not as
 
 5 stated by the owner or on other official documents.
 
 6      Animals on the lists of conditionally approved and
 
 7 restricted animals shall be imported only by permit.  Any animal
 
 8 that is not on the lists of conditionally approved, restricted,
 
 9 or prohibited animals shall be prohibited until the board's
 
10 review and determination for placement on one of these lists;
 
11 provided that the department may issue a special permit on a
 
12 case-by-case basis for the importation and possession of an
 
13 animal that is not on the lists of prohibited, restricted, or
 
14 conditionally approved animals, for the purpose of remediating
 
15 medical emergencies or agricultural or ecological disasters, or
 
16 conducting medical or scientific research in a manner that the
 
17 animal will not be detrimental to agriculture, the environment,
 
18 or humans if the importer of the animal can meet permit
 
19 requirements as determined by the board; and provided further
 
20 that the department may issue a short-term special permit on a
 
21 case-by-case basis not to exceed ninety days for the importation
 
22 and possession of an animal that is not on the list of
 
23 prohibited, restricted, or conditionally approved animals for the
 

 
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 1 purpose of filming, performance, or exhibition if the importer of
 
 2 the animal can meet permit and bonding requirements as determined
 
 3 by the board.
 
 4      (c)  The board shall maintain:
 
 5      (1)  A list of nonrestricted microorganisms allowed entry
 
 6           into the State without a permit but which are subject
 
 7           to the notification, labeling, and inspection
 
 8           requirements of section 150A-5;
 
 9      (2)  A list of restricted microorganisms that require a
 
10           permit for import into the State and possession, except
 
11           as otherwise provided in this paragraph and part V[;].
 
12           The department, without regard to section 150A-10 as it
 
13           relates to advisory review, may issue an emergency
 
14           permit on a case-by-case basis to a state or federal
 
15           agency or state university for the purpose of
 
16           remediating any danger, emergency, or disaster
 
17           affecting public and animal health, agriculture,
 
18           horticulture, or the environment; and
 
19     [(3)  A list of microorganisms that are prohibited entry into
 
20           the State, except that the department may issue an
 
21           emergency permit on a case-by-case basis to a state or
 
22           federal agency or state university for the import and
 
23           possession of a microorganism on the list of prohibited
 

 
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 1           microorganisms for the purpose of remediating medical
 
 2           emergencies or agricultural or ecological disasters
 
 3           pursuant to the board's determination that:
 
 4           (A)  An emergency or disaster exists; and
 
 5           (B)  The importer is able to meet permit requirements
 
 6                consistent with Centers for Disease Control and
 
 7                Prevention and National Institutes of Health
 
 8                guidelines or other guidelines as determined by
 
 9                the board.
 
10 No emergency permit may be issued until the board, without regard
 
11 to rule requirements for advisory review, obtains advice from
 
12 qualified persons with relevant expertise.]
 
13      (3)  A list of select human pathogens allowed entry into the
 
14           State without a permit but which are subject to the
 
15           notification, labeling, and inspection requirements of
 
16           section 150A-5.
 
17      (d)  Except as otherwise provided in part V, [any
 
18 microorganism that is not on the lists of nonrestricted,
 
19 restricted, or prohibited] unlisted microorganisms may not enter
 
20 the State until the board's review and determination for
 
21 placement on one of [those] the lists[;] in subsection (c);
 
22 provided that [pending the listing by rule of an unlisted
 
23 microorganism determined by the board to be allowed for import,
 

 
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 1 the department may issue a special permit on a case-by-case basis
 
 2 for the import and possession of the microorganism for purposes
 
 3 approved by the board if the microorganism is to be used in a
 
 4 manner that will not be detrimental to agriculture, horticulture,
 
 5 the environment, animals, and humans, and if the importer is able
 
 6 to meet conditions established by the board.]:
 
 7      (1)  The department, without regard to section 150A-10 as it
 
 8           relates to advisory review, may allow the import and
 
 9           possession of an unlisted microorganism on a case-by-
 
10           case basis if the department obtains advice from
 
11           qualified persons with relevant expertise;
 
12      (2)  The department, by letter of authorization, may allow
 
13           the import and possession of an unlisted microorganism:
 
14           (A)  Not known to have any impact; or
 
15           (B)  Known to have minimal impact;
 
16           upon agriculture, horticulture, the environment,
 
17           animals, or humans;
 
18      (3)  The department, by special permit, may allow the import
 
19           and possession of an unlisted microorganism known to
 
20           have an impact to agriculture, horticulture, the
 
21           environment, animals, or humans if:
 
22           (A)  The microorganism is used in a manner that will
 
23                not be detrimental to agriculture, horticulture,
 

 
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 1                the environment, animals, or humans; and
 
 2           (B)  The importer is able to comply with the conditions
 
 3                established by the department;
 
 4      (4)  An unlisted microorganism known to have an adverse
 
 5           impact to agriculture, horticulture, the environment,
 
 6           animals, or humans shall require approval by the board;
 
 7      (5)  Where the impact of an unlisted microorganism is not
 
 8           determined, the unlisted microorganism shall require
 
 9           approval by the board; and
 
10      (6)  The department may issue an emergency permit for an
 
11           unlisted microorganism on a case-by-case basis to a
 
12           state or federal agency or state university for the
 
13           purpose of remediating any danger, emergency, or
 
14           disaster affecting public and animal health,
 
15           agriculture, horticulture, or the environment.
 
16      (e)  Microbial products containing certain strains of
 
17 microorganisms on the nonrestricted list of microorganisms shall
 
18 be registered with the plant quarantine branch of the department.
 
19 Microbial products shall not be imported into the State without a
 
20 registration issued pursuant to rules.  Failure to register with
 
21 the plant quarantine branch of the department in advance of
 
22 importation is a violation of this section.
 
23     [(d)] (f)  Except as otherwise provided [herein,] in this
 

 
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 1 section, all permits referenced in this section shall be issued
 
 2 pursuant to rules.  Any violation of the conditions listed on the
 
 3 permits shall be a violation of this section.
 
 4     [(e)] (g)  The board shall maintain a list of restricted
 
 5 plants and a list of prohibited plants.  Restricted plants shall
 
 6 not be imported into the State without a permit issued pursuant
 
 7 to rules, and any violation of the conditions listed on the
 
 8 permit shall be a violation of this section.
 
 9      The department of agriculture shall designate specific
 
10 plants that may spread or may be likely to spread an infestation
 
11 or infection of an insect, pest, or disease that is detrimental
 
12 or potentially harmful to agriculture, horticulture, animal or
 
13 public health, or natural resources including native biota, or
 
14 may have an adverse effect on the environment as determined by
 
15 the board.  These plants are to be designated by rule as
 
16 restricted plants.  In addition, plant species designated by rule
 
17 as noxious weeds are designated as restricted plants.
 
18     [(f)] (h)  No person shall possess, propagate, sell,
 
19 transfer, or harbor any plant[,] or animal[, or microorganism]
 
20 included on the list or lists of prohibited plants[,] or
 
21 animals[, and microorganisms] maintained by the board under this
 
22 section, except as allowed by the board upon a determination that
 
23 the species:
 

 
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 1      (1)  Was initially permitted entry and later prohibited
 
 2           entry into the State; or
 
 3      (2)  Was continually prohibited but unlawfully introduced
 
 4           and is currently established in the State; and
 
 5      (3)  Is not significantly harmful to agriculture,
 
 6           horticulture, animal or public health, and the
 
 7           environment.
 
 8 Under the circumstances described in this subsection, the board
 
 9 may permit possession of the individual plant[,] or animal[, or
 
10 microorganism] through its registration with the department while
 
11 still prohibiting the same species of plant[,] or animal[, or
 
12 microorganism] from importation, propagation, transfer, and sale.
 
13     [(g)] (i)  Without regard to the notice and public hearing
 
14 requirements of chapter 91, the board may adopt rules to make
 
15 additions to or deletions from the lists required to be
 
16 maintained in subsections (b), (c), and [(e);] (g); provided that
 
17 the board shall adopt rules pursuant to chapter 91 to establish
 
18 methods to obtain public input and to notify the public as to any
 
19 additions to or deletions from the lists required under
 
20 subsections (b), (c), and [(e).] (g)."
 
21      SECTION 3.  Section 150A-7.5, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "§150A-7.5  User fees.  Fees may be assessed for [the]:
 

 
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 1      (1)  The processing and issuance of permits issued by the
 
 2           department under this part [and for inspections];
 
 3      (2)  Inspections related to permit conditions[,]; and
 
 4      (3)  The registration of microbial products containing
 
 5           certain strains of microorganisms on the list of
 
 6           nonrestricted microorganisms;
 
 7 as established by rule."
 
 8      SECTION 4.  Section 150A-9.5, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (c) to read as follows:
 
10      "(c)  Interim rules adopted by the department pursuant to
 
11 this section shall be effective as stated by [such] the rules;
 
12 provided that [any]:
 
13      (1)  Any interim rule shall be published at least once
 
14           statewide within [ten]          days of issuance; and
 
15           [provided further that no]
 
16      (2)  No interim rule shall be effective for more than one
 
17           hundred eighty days."
 
18      SECTION 5.  This Act does not affect rights and duties that
 
19 matured, penalties that were incurred, and proceedings that were
 
20 begun, before its effective date.
 
21      SECTION 6.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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 1      SECTION 7.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________