SB2956

SECTION 1. The legislature finds that prior to 1998, Hawaii allowed the entry of unroasted coffee into the State from the United States mainland if it had been fumigated with methyl bromide to lessen the risks of introduction of coffee pests into Hawaii. In 1998, The United States Department of Agriculture (USDA) enacted 7 CFR 319.73-2, a regulation banning the importation of unroasted coffee into two United States regions that commercially grow coffee, Hawaii and Puerto Rico. In 2005, the USDA considered a formal request from the State that the federal regulation be modified to permit the importation of methyl bromide-fumigated unroasted coffee into Hawaii. In 2006, the USDA advised the department of agriculture that the requested modification of the regulation would not be adopted because of significant risk of the introduction of coffee berry borers, coffee rust, and other coffee-related pests and diseases if entry into Hawaii of methyl bromide-fumigated unroasted coffee were permitted. From 2006 and thereafter, notwithstanding the USDA's denial of Hawaii's requested modification of the regulation on unroasted coffee, the State has continued to allow entry of methyl bromide-fumigated unroasted coffee. In 2010, validating the concerns of USDA scientists, the coffee berry borer was discovered to have been introduced into Hawaii, with devastating economic impacts on Hawaii coffee farmers in the years since.

The legislature further finds that with the continuing entry of methyl bromide-fumigated unroasted coffee into the State, Hawaii's coffee farmers also face the significant risk, identified in 2006 by USDA scientists, that coffee rust will be introduced into Hawaii. The negative economic impact on Hawaii coffee farmers of coffee rust would be even greater than that already suffered from coffee berry borers.

The purpose of this Act is to prohibit the importation of unroasted coffee into the State and authorize the department of agriculture to adopt rules to allow for the importation of partially roasted coffee into the State.

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

"§150A- Partially roasted coffee; import. The department may adopt rules pursuant to chapter 91 establishing the requirements, procedures, restrictions, and other criteria necessary for the importation into the State of partially roasted coffee."

SECTION 3. Section 150A-6, Hawaii Revised Statutes, is amended to read as follows:

"§150A-6 Soil, plants, animals, etc., importation or possession prohibited. No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any of the following:

(1) Soil; provided that limited quantities of soil may be imported into the State for experimental or other scientific purposes under permit with conditions prescribed by the department;

(2) Rocks, plants, plant products, or any article with soil adhering thereto;

(3) Any live snake, flying fox, fruit bat, Gila monster, injurious insect, or eels of the order Anguilliformes, or any other animal, plant, or microorganism in any stage of development that is detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources, including native biota, or has an adverse effect on the environment as determined by the board, except, as provided in this chapter and provided that, notwithstanding the list of animals prohibited entry into the State, the department may bring into and maintain in the State four live, sterile brown tree snakes of the male sex for the purpose of research or training of snake detector dogs, and, further, that a government agency may bring into and maintain in the State not more than two live, nonvenomous snakes of the male sex solely for the purpose of exhibition in a government zoo, but only after:

(A) The board is presented with satisfactory evidence that the sex of the snakes was established to be male prior to the shipment; and

(B) The board gives written approval conditioned upon such terms as the board may deem necessary, which terms shall include measures to assure the prevention of escape, continuing supervision and control by the board with respect to any department import under this paragraph, and the manner in which the snakes shall be disposed of or destroyed.

In case of the death of one or more snakes, the department or government agency may import and maintain replacements subject to the conditions described in this paragraph; [~~and~~]

(4) Any live or dead honey bees, or used bee equipment that is not certified by the department to be free of pests; provided that nothing in this paragraph shall be construed to prohibit the importation of bee semen[.]; and

(5) Any unroasted coffee seeds or beans."

SECTION 3. Section 150A-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who:

(1) Violates section 150A-6(3) or 150A-6(4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A-7(b), or whose violation involves an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and subject to a fine of not less than $5,000, but not more than $20,000;

(2) Intentionally transports, harbors, or imports with the intent to propagate, sell, or release any animal that is prohibited or any plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000; [or]

(3) Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release, any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000[.]; or

(4) Violates section 150A-6(5) shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2021.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2956
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII