SB2715

SECTION 1. Section 141-2, Hawaii Revised Statutes, is amended to read as follows:

"§141-2 Rules. Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

(1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants;

(2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State;

(3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any specific article, substance, or object or class of articles, substances, or objects, among those enumerated above in this section, that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same;

(4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department;

(5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; [~~and~~]

(6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation[.]; and

(7) The welfare of livestock, including cattle, sheep, goats, swine, chickens, and turkeys, transported to, from, or between any island of the State by sea vessel; provided that any rules governing the welfare of livestock shall be consistent with 9 Code of Federal Regulations Part 91, and include:

(A) Inspection of animals and vessels;

(B) Pens, ramps, doors, and passageways;

(D) Feed and water;

(E) Ventilation;

(F) Waste management;

(G) Lighting;

(H) Bedding;

(I) Cleaning;

(J) Vessel stability,

(K) Personnel qualifications;

(L) Resources for managing sick or injured animals;

(M) Means of humane euthanasia;

(N) Life support systems;

(O) Accommodations for humane transport of livestock in vessels using containers, including minimum space requirements; and

(P) Additional conditions deemed relevant to the department.

All rules adopted under this section shall have the force and effect of law."

SECTION 2. (a) No later than January 1, 2021, the department of agriculture, without regard to the notice and public hearing requirements of chapter 91, Hawaii Revised Statutes, shall adopt interim rules to effectuate the amendments made to section 141-2, Hawaii Revised Statutes, in section 1 of this Act.

(b) The interim rules adopted pursuant to this Act shall remain in effect until January 1, 2022, or until rules are adopted, in accordance with chapter 91, Hawaii Revised Statutes, to replace the interim rules, whichever occurs sooner.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2715
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII