SB330 SD1

SECTION 1. The legislature finds that diversifying and strengthening the State's agricultural sector is a high priority. Citrus, including oranges, limes, tangelos, and grapefruit, is increasingly being planted in the State, particularly on Maui. According to the United States Department of Agriculture (USDA) National Agricultural Statistics Service, the production of citrus crops in the State increased from 347,610 pounds in 2018 to 940,770 pounds in 2021. The legislature wants to protect and promote citrus crops as production continues to increase, and as pest and disease pressure in major citrus-producing states hamper production.

The legislature further finds that the federal and state governments must work cooperatively to prevent the spread of pests and diseases that impact crops, including citrus. When a pest or disease of high concern is discovered infesting a crop or is being moved with a particular commodity, the USDA may establish a quarantine on that infested crop or commodity to prevent the movement of invasive pests or diseases from an infested area to a non-infested area.

The legislature also finds that citrus crops around the world are threatened by serious diseases and pests, including huanglongbing (citrus greening), citrus canker, citrus black spot, and many species of fruit flies. Citrus greening is the most serious citrus disease as there is no cure, the fruit of infected trees never mature, and infected trees die within a few years. The disease has devastated millions of acres of citrus crops around the world. In the United States, it is currently found in Alabama, California, Florida, Georgia, Louisiana, Puerto Rico, South Carolina, Texas, and the United States Virgin Islands. Hawaii is one of the very few citrus-producing states that remains free of citrus greening.

The legislature additionally finds that the USDA establishes and updates areas and items that are quarantined and not allowed to be moved interstate to prevent the spread of diseases and pests, including those affecting citrus.

The legislature further finds that the Hawaii department of agriculture restricts the importation of many citrus species from Puerto Rico and parts of south Florida to protect against Caribbean fruit flies. However, these restrictions were last updated in 1981 and are not sufficient to protect citrus crops in the State today.

The legislature also finds that federal USDA inspectors do not inspect items coming into Hawaii from other states, and when commodities from quarantined areas arrive in the State, the department of agriculture does not have the legal authority to enforce federal quarantines. Therefore, while the USDA quarantines are established to protect the State from potentially devastating invasive pests and diseases, there is no mechanism to enforce them in the State.

The legislature finds that authorizing inspectors of the department of agriculture to enforce federal pest and disease quarantines will close this gap in the State's biosecurity.

Therefore, the purpose of this Act is to authorize the department of agriculture to enforce quarantines issued by the USDA to prevent the introduction of invasive pests and diseases 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- Federal and state quarantines; enforcement; cooperative agreements. (a) The department may enter into cooperative agreements with the United States Department of Agriculture, and other federal, state, or county agencies to assist in the enforcement of federal quarantines. The department may establish a quarantine and adopt rules against a pest not covered by federal regulations or orders. The department may seize, destroy, or require treatment of articles moved from a federally regulated area if the articles were not moved in accordance with the federal quarantine rules or, if certified, the articles were found to be infested with the pest.

(b) Interstate shipments for entry into the State shall be subject to the following:

(1) A regulated or restricted article shall not enter the State if it is:

(A) Prohibited from interstate movement pursuant to a quarantine issued by the United States Department of Agriculture; or

(B) Required by the United States Department of Agriculture to be certified to prevent the movement of a pest and found to be infested with the pest;

(2) The owner or carrier of regulated or restricted articles that are reportedly originating in nonregulated areas of a quarantined state shall provide proof of origin of the regulated or restricted articles through an invoice, waybill, or other shipping document; and

(3) If only a portion of a state is under a federal quarantine, the shipment shall not be refused nor a certificate required if the article originates from a nonregulated or nonrestricted area of the shipping state, unless the article is found to be infested or prohibited.

"Article" means any material or tangible object that could harbor plant pests or noxious weeds.

"Federal quarantine" or "quarantined state" means any state or any portion of a state, designated as a quarantined area in accordance with any federal regulation or order of the Secretary of the United States Department of Agriculture or the Administrator of the Animal and Plant Health Inspection Service.

"Federally regulated area" means any quarantined state, territory, or district, or any portion thereof.

"Interstate" means:

(1) From one state into or through any other state; or

(2) Within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.

"Move" or "movement" means:

(1) To carry, enter, import, mail, ship, or transport;

(2) To aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;

(3) To offer to carry, enter, import, mail, ship, or transport;

(4) To receive to carry, enter, import, mail, ship, or transport; or

(5) To release into the environment.

"Nonregulated area" means an area outside a federally regulated area.

"Regulated or restricted article" means any article identified as a regulated article by the Secretary of the United States Department of Agriculture or the Administrator of the Animal and Plant Health Inspection Service."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

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

THE SENATE	S.B. NO.	330
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII