SB 2709: DAB; Akamai Arrival Program; State of Hawaii Biosecurity Declaration; Enforcement

A BILL FOR AN ACT

RELATING TO BIOSECURITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§150A-    Rules.  The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part, including but not limited to:

     (1)  Strengthening enforcement of the State of Hawaii biosecurity declaration and Akamai arrival program pursuant to section 150A-5; and

     (2)  Establishing implementation and compliance mechanisms."

     SECTION 2.  Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-5  Conditions of importation.  (a)  The importation into the State of any of the following articles, viz., nursery‑stock, tree, shrub, herb, vine, cut‑flower, cut‑foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth:

     (1)  Notification of arrival.  Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry therein, or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department of the arrival, giving the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to locate or identify the same, and shall hold the articles at the pier, airport, any other place where they are first received or discharged, or a transitional facility, in a manner that they will not spread or be likely to spread any infestation or infection of insects or diseases that may be present until inspection and examination can be made by the inspector or a certified biosecurity compliance auditor to determine whether any article, or any portion thereof, is infested or infected with or contains any pest.  The department [may] shall adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests.  In addition, the department shall adopt rules to designate restricted articles that shall require:

          (A)  A permit from the department in advance of importation; or

          (B)  A department letter of authorization or registration in advance of importation.

          The restricted articles shall include but not be limited to certain microorganisms or living insects.  Failure to obtain the permit, letter of authorization, or registration in advance is a violation of this section;

     (2)  Individual passengers, officers, and crew.

          (A)  It shall be the responsibility of the transportation company to distribute, prior to the debarkation of passengers and baggage, the State of Hawaii biosecurity declaration to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon.  All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for entry into the State any articles listed, shall complete the declaration, except that one adult member of a family may complete the declaration for other family members.  Any person who gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests is in violation of this section;

          (B)  All passengers, officers, and crew members who are bringing or causing to be brought for entry into the State domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter, shall immediately upon arrival or prior to arrival notify the department of the arrival of any restricted article.  The department [may] shall adopt rules necessary to effectuate this subparagraph; and

          (C)  It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch.  Failure to comply with this requirement is a violation of this section;

     (3)  Labels.  Each container in which any of the above‑mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container.  Upon failure to comply with this paragraph, the importer or carrier is in violation of this section;

     (4)  Authority to inspect.  Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may:

          (A)  Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

          (B)  Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals; and

          (C)  Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if they contain any of the articles or pests enumerated in this chapter.  No baggage or other personal effects of the passengers or crew members shall be released until the baggage or effects have been passed.

               Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area.

               Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector [may] shall require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present.  It is a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found;

     (5)  Request for importation and inspection.  In addition to requirements of the United States customs authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the above-mentioned articles into the State and:

          (A)  Giving the following additional information:

               (i)  The kind (scientific name), quantity, and description;

              (ii)  The locality where same were grown or produced;

             (iii)  Certification that all animals to be imported are the progeny of captive populations or have been held in captivity for a period of one year immediately before importation or have been specifically approved for importation by the board;

              (iv)  The port from which the same were last shipped;

               (v)  The name of the shipper; and

              (vi)  The name of the consignee; and

          (B)  Containing:

               (i)  A request that the department, by its duly authorized agent, examine the articles described;

              (ii)  An agreement by the importer to be responsible for all costs, charges, or expenses; and

             (iii)  A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary.

               Failure or refusal to file a statement, including the agreement and waiver, is a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State;

     (6)  Place of inspection.  If, in the judgment of the department, it is deemed necessary or advisable to move any of the above-mentioned articles, or any portion thereof, to a transitional facility or another place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the department [is authorized to] shall do so or order the importer or importer's agent to do so.  All costs and expenses incident to the movement and transportation of the articles to any other place shall be borne by the importer or the importer's agent.  If the importer, importer's agent, or transportation company requests inspection of sealed containers of the above-mentioned articles at locations other than where the articles are first received or discharged or a transitional facility and the department determines that inspection at the other place is appropriate, the department [may] shall require payment of costs necessitated by these inspections, including overtime costs;

     (7)  Disinfection or quarantine.  If, upon inspection, any article received or brought into the State for the purpose of debarkation or entry therein is found to be infested or infected or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given to the article.  The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department.  The article shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished.  If the infestation or infection is of the nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the article, or any portion thereof, together with all packing and containers, may, at the discretion of the inspector, be destroyed or sent out of the State at the expense of the owner or the owner's agent.  The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred;

     (8)  Disposition.  Upon completion of inspection, either at the time of arrival or at any time thereafter should any article be held for inspection, treatment, or quarantine, the inspector shall affix to the article or the container or to the delivery order in a conspicuous place thereon, a tag, label, or stamp to indicate that the article has been inspected and passed.  This action shall constitute a permit to bring the article into the State; and

     (9)  Ports of entry.  None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board.

     (b)  The State of Hawaii biosecurity declaration required under subsection (a)(2)(A) shall be administered in a digital manner through the akamai arrival program, as established by rules by the department."

     SECTION 3.  Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section [150A-5(8),] 150A-5(a)(8), except that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board.

     (c)  Notwithstanding subsections (a) and (b), the import of articles in violation of this chapter or rules adopted under this chapter [may] shall subject the importer to penalty although the articles have not been passed for entry."

     SECTION 4.  Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department [may] shall regulate or prohibit the sale of specific plants on the list of restricted plants by rule."

     SECTION 5.  Section 150A-6.6, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-6.6  Import lists amendment.  Without regard to the notice and public hearing requirements of chapter 91, the board [may] shall adopt rules to make additions to or deletions from the lists required to be maintained in sections 150A-6.1 through 150A-6.3; provided that the board shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and notify the public of additions to or deletions from the lists required under sections 150A-6.1 through 150A-6.3."

     SECTION 6.  Section 150A-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Whenever any living creature introduced or admitted under rules of the department escapes, or is found to be free from confinement, the department [may] shall confiscate or capture it and any progeny at the expense of the owner.  The department may destroy the creature, donate it to a government zoo, or send it out of the State after five days at the discretion of the department.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent."

     SECTION 7.  Section 150A-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The movement between the islands of the State of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry‑grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth:

     (1)  Inspectional requirements.  Any person who receives for transport, or brings or causes movement between the islands of the State, as freight, air freight, baggage, as ship's stores, or otherwise, any of the foregoing articles, shall ensure that the articles comply with inspectional requirements pursuant to rules and shall provide upon the inspector's request the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent, marks, number of packages, description of contents of each package, and any other information that may be necessary to inspect, locate, or identify the same.  If the articles are not inspected pursuant to rules, the articles shall be held in a manner that they will not spread or be likely to spread any infestation or infection of insects, diseases, or pests that may be present until an inspection can be made by the inspector to determine whether any article, or any portion thereof, is infested or infected with insects or diseases, or contains any pest.  The department [may] shall adopt rules to define inspectional requirements of specific articles.  Failure to obtain certification that the articles have met the inspectional requirements prior to movement between the islands of the State is a violation of this section;

     (2)  Labels.  Each container in which any of the above‑mentioned articles are transported between the islands of the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, and a statement of the contents of the container.  Failure to comply with this paragraph is a violation of this section;

     (3)  Authority to inspect.  Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall:

          (A)  Enter and inspect any aircraft, vessel, or other carrier at any time whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

          (B)  Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals;

          (C)  Inspect any baggage or personal effects of passengers, officers, and crew members on aircraft or vessels moving between the islands of the State to ascertain if they contain any of the articles or pests enumerated in this chapter;

          (D)  Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area; and

          (E)  Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present.  It is a violation of this section if any prohibited article, pest, or any article infested with an insect or disease is found;

     (4)  Place of inspection.  The inspector shall make a determination whether it is necessary or advisable to move any of the above-mentioned articles, or any portion thereof, to a place more suitable for inspection than the pier, airport, or any other place where they are initially presented for inspection.  All costs and expenses incident to the movement and transportation of the articles to such place shall be borne by the consignee or the consignee's agent;

     (5)  Disinfection or quarantine.  If, upon inspection, any article intended for movement between the islands of the State is found to be infested or infected with an insect, disease, or pest, or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given such article prior to movement between the islands of the State.  The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department.  The article shall be quarantined at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished.  If the infestation or infection is of such nature or extent that it cannot be effectively and completely eradicated, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the shipment, article, or any portion thereof, together with all packing and containers, shall not be certified for movement between the islands of the State.  An article infested or infected with an insect, disease, or pest that is not widespread in the State shall be destroyed at the expense of the owner or the owner's agent; provided that no treatment exists that would eradicate the insect, disease, or pest to the satisfaction of the department.  Such destruction shall not be made the basis of a claim against the department or the inspector for damage or loss incurred; and

     (6)  Disposition.  Upon completion of inspection, the inspector shall conspicuously affix to the article, container, or to the delivery order or other similar document, a tag, label, or stamp to indicate that the article has been inspected and can be moved between the islands of the State."

     SECTION 8.  Section 150A-9.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The department shall [have the power], subject to the provisions of this section, [to] establish, implement, and enforce interim rules governing the transporting of flora and fauna into and within the State.  Such rules shall not be subject to chapter 91.

     (b)  An interim rule [may] shall be adopted in the event that the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State [which] that is so immediate in nature as to constitute an emergency.  No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under section 150A-10."

     SECTION 9.  Section 150A-11.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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] shall 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."

     SECTION 10.  Section 150A-14, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The department [may, at its discretion,] shall refuse entry, confiscate, or destroy any prohibited, restricted, or unlisted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with insects, diseases, or pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent."

     SECTION 11.  Section 150A-16.2, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  The department shall establish standards for transitional facilities, including:

     (1)  Standards for construction, maintenance, security, and operation; and

     (2)  Quarterly inspections; provided that the department [may] shall perform periodic random inspections to ensure compliance.

     (d)  The department [may] shall suspend or revoke a transitional facility license if the transitional facility does not satisfy the standards established by the department under subsection (c) or the department determines that the transitional facility is not in compliance under the terms of the compliance agreement."

     SECTION 12.  Section 150A-16.3, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

     "(d)  The department [may] shall require each biosecurity compliance auditor to complete additional training as needed, including any emergency training in the interests of biosecurity.

     (e)  The department [may] shall revoke or suspend any biosecurity compliance auditor certification for good cause."

     SECTION 13.  Section 150A-16.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Subject to the terms of the compliance agreement, a certified biosecurity compliance auditor [may] shall certify items located in a transitional facility as free of diseases, infections, infestations, and other items that the department deems relevant."

     SECTION 14.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 15.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 16.  This Act shall take effect upon its approval; provided that sections 11, 12, and 13 of this Act shall take effect on January 2, 2028.

Report Title:

DAB; Akamai Arrival Program; State of Hawaii Biosecurity Declaration; Enforcement

Description:

Requires the Department of Agriculture and Biosecurity to establish rules to enforce the Akamai Arrival Program.  Requires DAB to strengthen enforcement of plant and non-domestic animal quarantine and microorganism importations.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to biosecurity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§150A-    Rules.  The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part, including but not limited to:

     (1)  Strengthening enforcement of the State of Hawaii biosecurity declaration and Akamai arrival program pursuant to section 150A-5; and

     (2)  Establishing implementation and compliance mechanisms."

     SECTION 2.  Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-5  Conditions of importation.  (a)  The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth:

     (1)  Notification of arrival.  Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry therein, or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department of the arrival, giving the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to locate or identify the same, and shall hold the articles at the pier, airport, any other place where they are first received or discharged, or a transitional facility, in a manner that they will not spread or be likely to spread any infestation or infection of insects or diseases that may be present until inspection and examination can be made by the inspector or a certified biosecurity compliance auditor to determine whether any article, or any portion thereof, is infested or infected with or contains any pest.  The department [may] shall adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests.  In addition, the department shall adopt rules to designate restricted articles that shall require:

          (A)  A permit from the department in advance of importation; or

          (B)  A department letter of authorization or registration in advance of importation.

          The restricted articles shall include but not be limited to certain microorganisms or living insects.  Failure to obtain the permit, letter of authorization, or registration in advance is a violation of this section;

     (2)  Individual passengers, officers, and crew.

          (A)  It shall be the responsibility of the transportation company to distribute, prior to the debarkation of passengers and baggage, the State of Hawaii biosecurity declaration to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon.  All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for entry into the State any articles listed, shall complete the declaration, except that one adult member of a family may complete the declaration for other family members.  Any person who gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests is in violation of this section;

          (B)  All passengers, officers, and crew members who are bringing or causing to be brought for entry into the State domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter, shall immediately upon arrival or prior to arrival notify the department of the arrival of any restricted article.  The department [may] shall adopt rules necessary to effectuate this subparagraph; and

          (C)  It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch.  Failure to comply with this requirement is a violation of this section;

     (3)  Labels.  Each container in which any of the above-mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container.  Upon failure to comply with this paragraph, the importer or carrier is in violation of this section;

     (4)  Authority to inspect.  Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector [may:] shall:

          (A)  Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

          (B)  Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals; and

          (C)  Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if they contain any of the articles or pests enumerated in this chapter.  No baggage or other personal effects of the passengers or crew members shall be released until the baggage or effects have been passed.

               Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area.

               Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector [may] shall require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present.  It is a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found;

     (5)  Request for importation and inspection.  In addition to requirements of the United States customs authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the above-mentioned articles into the State and:

          (A)  Giving the following additional information:

               (i)  The kind (scientific name), quantity, and description;

              (ii)  The locality where same were grown or produced;

             (iii)  Certification that all animals to be imported are the progeny of captive populations or have been held in captivity for a period of one year immediately before importation or have been specifically approved for importation by the board;

              (iv)  The port from which the same were last shipped;

               (v)  The name of the shipper; and

              (vi)  The name of the consignee; and

          (B)  Containing:

               (i)  A request that the department, by its duly authorized agent, examine the articles described;

              (ii)  An agreement by the importer to be responsible for all costs, charges, or expenses; and

             (iii)  A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary.

               Failure or refusal to file a statement, including the agreement and waiver, is a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State;

     (6)  Place of inspection.  If, in the judgment of the department, it is deemed necessary or advisable to move any of the above-mentioned articles, or any portion thereof, to a transitional facility or another place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the department [is authorized to] shall do so or order the importer or importer's agent to do so.  All costs and expenses incident to the movement and transportation of the articles to any other place shall be borne by the importer or the importer's agent.  If the importer, importer's agent, or transportation company requests inspection of sealed containers of the above-mentioned articles at locations other than where the articles are first received or discharged or a transitional facility and the department determines that inspection at the other place is appropriate, the department [may] shall require payment of costs necessitated by these inspections, including overtime costs;

     (7)  Disinfection or quarantine.  If, upon inspection, any article received or brought into the State for the purpose of debarkation or entry therein is found to be infested or infected or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given to the article.  The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department.  The article shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished.  If the infestation or infection is of the nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the article, or any portion thereof, together with all packing and containers, may, at the discretion of the inspector, be destroyed or sent out of the State at the expense of the owner or the owner's agent.  The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred;

     (8)  Disposition.  Upon completion of inspection, either at the time of arrival or at any time thereafter should any article be held for inspection, treatment, or quarantine, the inspector shall affix to the article or the container or to the delivery order in a conspicuous place thereon, a tag, label, or stamp to indicate that the article has been inspected and passed.  This action shall constitute a permit to bring the article into the State; and

     (9)  Ports of entry.  None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board.

     (b)  The State of Hawaii biosecurity declaration required under subsection (a)(2)(A) shall be administered in a digital manner through the akamai arrival program, as established by rules by the department."

     SECTION 3.  Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Notwithstanding subsections (a) and (b), the import of articles in violation of this chapter or rules adopted under this chapter [may] shall subject the importer to penalty although the articles have not been passed for entry."

     SECTION 4.  Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department [may] shall regulate or prohibit the sale of specific plants on the list of restricted plants by rule."

     SECTION 5.  Section 150A-6.6, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-6.6  Import lists amendment.  Without regard to the notice and public hearing requirements of chapter 91, the board [may] shall adopt rules to make additions to or deletions from the lists required to be maintained in sections 150A-6.1 through 150A-6.3; provided that the board shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and notify the public of additions to or deletions from the lists required under sections 150A-6.1 through 150A-6.3."

     SECTION 6.  Section 150A-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Whenever any living creature introduced or admitted under rules of the department escapes, or is found to be free from confinement, the department [may] shall confiscate or capture it and any progeny at the expense of the owner.  The department may destroy the creature, donate it to a government zoo, or send it out of the State after five days at the discretion of the department.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent."

     SECTION 7.  Section 150A-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The movement between the islands of the State of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth:

     (1)  Inspectional requirements.  Any person who receives for transport, or brings or causes movement between the islands of the State, as freight, air freight, baggage, as ship's stores, or otherwise, any of the foregoing articles, shall ensure that the articles comply with inspectional requirements pursuant to rules and shall provide upon the inspector's request the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent, marks, number of packages, description of contents of each package, and any other information that may be necessary to inspect, locate, or identify the same.  If the articles are not inspected pursuant to rules, the articles shall be held in a manner that they will not spread or be likely to spread any infestation or infection of insects, diseases, or pests that may be present until an inspection can be made by the inspector to determine whether any article, or any portion thereof, is infested or infected with insects or diseases, or contains any pest.  The department [may] shall adopt rules to define inspectional requirements of specific articles.  Failure to obtain certification that the articles have met the inspectional requirements prior to movement between the islands of the State is a violation of this section;

     (2)  Labels.  Each container in which any of the above-mentioned articles are transported between the islands of the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, and a statement of the contents of the container.  Failure to comply with this paragraph is a violation of this section;

     (3)  Authority to inspect.  Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall:

          (A)  Enter and inspect any aircraft, vessel, or other carrier at any time whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

          (B)  Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals;

          (C)  Inspect any baggage or personal effects of passengers, officers, and crew members on aircraft or vessels moving between the islands of the State to ascertain if they contain any of the articles or pests enumerated in this chapter;

          (D)  Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area; and

          (E)  Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present.  It is a violation of this section if any prohibited article, pest, or any article infested with an insect or disease is found;

     (4)  Place of inspection.  The inspector shall make a determination whether it is necessary or advisable to move any of the above-mentioned articles, or any portion thereof, to a place more suitable for inspection than the pier, airport, or any other place where they are initially presented for inspection.  All costs and expenses incident to the movement and transportation of the articles to such place shall be borne by the consignee or the consignee's agent;

     (5)  Disinfection or quarantine.  If, upon inspection, any article intended for movement between the islands of the State is found to be infested or infected with an insect, disease, or pest, or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given such article prior to movement between the islands of the State.  The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department.  The article shall be quarantined at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished.  If the infestation or infection is of such nature or extent that it cannot be effectively and completely eradicated, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the shipment, article, or any portion thereof, together with all packing and containers, shall not be certified for movement between the islands of the State.  An article infested or infected with an insect, disease, or pest that is not widespread in the State shall be destroyed at the expense of the owner or the owner's agent; provided that no treatment exists that would eradicate the insect, disease, or pest to the satisfaction of the department.  Such destruction shall not be made the basis of a claim against the department or the inspector for damage or loss incurred; and

     (6)  Disposition.  Upon completion of inspection, the inspector shall conspicuously affix to the article, container, or to the delivery order or other similar document, a tag, label, or stamp to indicate that the article has been inspected and can be moved between the islands of the State."

     SECTION 8.  Section 150A-9.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The department shall [have the power], subject to the provisions of this section, [to] establish, implement, and enforce interim rules governing the transporting of flora and fauna into and within the State.  Such rules shall not be subject to chapter 91.

     (b)  An interim rule [may] shall be adopted in the event that the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State [which] that is so immediate in nature as to constitute an emergency.  No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under section 150A-10."

     SECTION 9.  Section 150A-11.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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] shall 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."

     SECTION 10.  Section 150A-14, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The department [may, at its discretion,] shall refuse entry, confiscate, or destroy any prohibited, restricted, or unlisted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with insects, diseases, or pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent."

     SECTION 11.  Section 150A-16.2, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  The department shall establish standards for transitional facilities, including:

     (1)  Standards for construction, maintenance, security, and operation; and

     (2)  Quarterly inspections; provided that the department [may] shall perform periodic random inspections to ensure compliance.

     (d)  The department [may] shall suspend or revoke a transitional facility license if the transitional facility does not satisfy the standards established by the department under subsection (c) or the department determines that the transitional facility is not in compliance under the terms of the compliance agreement."

     SECTION 12.  Section 150A-16.3, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

     "(d)  The department [may] shall require each biosecurity compliance auditor to complete additional training as needed, including any emergency training in the interests of biosecurity.

     (e)  The department [may] shall revoke or suspend any biosecurity compliance auditor certification for good cause."

     SECTION 13.  Section 150A-16.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Subject to the terms of the compliance agreement, a certified biosecurity compliance auditor [may] shall certify items located in a transitional facility as free of diseases, infections, infestations, and other items that the department deems relevant."

     SECTION 14.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 15.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 16.  This Act shall take effect upon its approval; provided that sections 11, 12, and 13 of this Act shall take effect on January 2, 2028.

Report Title:

DAB; Akamai Arrival Program; State of Hawaii Biosecurity Declaration; Enforcement

Description:

Requires the Department of Agriculture and Biosecurity to establish rules to enforce the Akamai Arrival Program.  Requires DAB to strengthen enforcement of plant and non-domestic animal quarantine and microorganism importations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2562

Honolulu, Hawaii

RE:     S.B. No. 2709

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Transportation, to which was referred S.B. No. 2709 entitled:

"A BILL FOR AN ACT RELATING TO BIOSECURITY,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Department of Agriculture and Biosecurity to establish rules to enforce the Akamai Arrival Program; and

     (2)  Require the Department of Agriculture and Biosecurity to strengthen enforcement of plant and non-domestic animal quarantine and microorganism importations.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Hawaiʻi Farm Bureau, Hawaiʻi Food+ Policy, and one individual.

     Your Committees received comments on this measure from the Department of Agriculture and Biosecurity and Alaska Airlines and Hawaiian Airlines.

     Your Committees find that strategic management of imports is a cornerstone of biosecurity and the prevention of invasive species entering the State.  According to state law, completion of the State of Hawaii Biosecurity Declaration, which records certain biosecurity hazards upon arrival, is a requirement for any individual entering the State.  Your Committees further find that to improve overall compliance, the Department of Agriculture and Biosecurity instituted an online version of the Declaration, also known as the Akamai Arrival Program.  By strengthening the State's importation containment mechanisms, this measure seeks to protect Hawaii's fragile ecosystems, agricultural industry, and local economy.

     Your Committees acknowledge the concerns raised in testimony by Alaska Airlines and Hawaiian Airlines that the requirements for inspectors limits critical discretionary action, which is essential in a system where certain access, security protocols, and operational control are comprehensively regulated at the federal level.  Therefore, amendments to this measure are necessary to address this concern.

     Accordingly, your Committees have amended this measure by:

     (1)  Restoring language in existing law that grants any inspector of the Department of Agriculture and Biosecurity the discretion to enter and inspect an aircraft if the inspector believes there is cause; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2709, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2709, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Transportation,