2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 11. AGRICULTURE AND ANIMALS
150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import
- CHAPTER 150A PLANT AND NON-DOMESTIC ANIMAL QUARANTINE
- 150A-1 Short title
- 150A-2 Definitions
- 150A-3 Delegation of duties
- 150A-4 Effect on department of land and natural resources and the department of health
- 150A-4.5 Pest inspection, quarantine, and eradication fund Part II. Regulation of Importation
- 150A-5 Conditions of importation
- 150A-5.3 Inspection, quarantine, and eradication service fee and charge
- 150A-5.4 Failure to pay or remit the inspection, quarantine, and eradication service fee; fines
- 150A-5.5 What constitutes importation
- 150A-5.6 Exceptions to the right to import
- 150A-6 Soil, plants, animals, etc., importation or possession prohibited
- 150A-6.1 Plant import
- 150A-6.2 Animal import
- 150A-6.3 Microorganism import
- 150A-6.4 Permit and other import document issuance; requirements
- 150A-6.5 Animals; prohibition against possession, etc.; exception
- 150A-6.6 Import lists amendment
- 150A-6.7 Repealed
- 150A-7 Disposition
- 150A-7.5 User fees
- 150A-7.6 Processing fees for importation and possession requests
- 150A-8 Transporting in State
- 150A-9 Rules and regulations
- 150A-9.5 Interim rules
- 150A-10 Advisory committee on plants and animals
- 150A-11 Enforcement
- 150A-11.5 Entry of private property for enforcement
- 150A-12 Citation and summons
- 150A-13 Administration of oath
- 150A-14 Penalty
- 150A-15 Failure to obey summons Part III. Nursery Stock Export Shipments
- 150A-21 Certification for shipment
- 150A-22 Responsibility for treatment
- 150A-23 Nursery stock certificate Part IV. Other Exports
- 150A-31 Certificate for shipment Part V. Certified Importers of Microorganisms
- 150A-41 Microorganism import
- 150A-42 Certificate
- 150A-43 Suspension or revocation of certificate
- 150A-44 Summary suspension
- 150A-45 Emergency remediation
- 150A-46 Conditions of importation under certification
- 150A-47 Penalties
- 150A-48 Repealed Part VI. Biosecurity Program
- 150A-51 Biosecurity program; establishment
- 150A-52 Objectives of biosecurity program
- 150A-53 General actions to achieve objectives
- 150A-54 Biosecurity program; charges; costs
- 150A-55 Federal and other funds
- 150A-56 Schedule of appropriations and expenditures for program
- 150A-57 Annual report
AND MICROORGANISM IMPORT
Part I. General Provisions"SECTION 13. (a) Between July 1, 2010, and September 30, 2010, the department of agriculture shall adopt new or amend existing rules to impose or increase the fees authorized to be charged under chapter 150A, Hawaii Revised Statutes, without regard to the public notice and public hearing requirements of section 91-3, Hawaii Revised Statutes, the small business impact review requirements of chapter 201M, Hawaii Revised Statutes, or the limit on fee increases under section 92-28, Hawaii Revised Statutes. The department shall set the fees at amounts intended to generate, together with the inspection, quarantine, and eradication service fee, sufficient revenues to pay the operation and maintenance costs of implementing the agriculture inspection and biosecurity programs of chapter 150A, Hawaii Revised Statutes, and the central services and departmental administrative expense assessments of section 36-27 and section 36-30, Hawaii Revised Statutes.
(b) If, by September 30, 2010, the department of agriculture has not complied with subsection (a), then the fee charged for each inspection or certification conducted under authority of chapter 150A shall be as follows, effective October 1, 2010:
(1) A fee for inspection, safeguarding, witnessing departure, witnessing treatment, or certification requiring the services of personnel beyond regular work hours, including pre-shift, post-shift, holidays, or days off shall be $50 plus mileage reimbursement, and an additional fee shall be assessed, which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals;
(2) A fee for any inspection during regular work hours conducted away from the port or department office that is conducted pursuant to requirements for export, certification, inter-island or intra-island movement, or disposition other than release at a port of arrival, such as witnessing departure, destruction, or treatment, shall be $50 per hour plus mileage reimbursement;
(3) An annual fee for nursery certification shall be $100;
(4) A fee for follow-up inspections required to correct deficiencies found in a certification inspection or inspections to remedy out-of-state rejections shall be $50 per hour plus mileage reimbursement;
(5) A fee for treatment or destruction of infested commodities performed by the department's plant quarantine branch shall be $50 per parcel;
(6) A fee for the use of a quarantine house operated by the department's plant quarantine branch shall be $50 per room per month; and
(7) A storage fee of $5 per day shall be charged for commodities stored at any department plant quarantine branch office, forty-eight hours after written notification. The fee shall be deposited into the pest inspection, quarantine, and eradication fund.
(c) Any subsequent amendments to the rules adopted or amended pursuant to subsection (a) or the fees established under subsection (b) shall be subject to all applicable provisions of chapter 91, chapter 201M, and section 92-28, Hawaii Revised Statutes."
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