SB 330: DOA; USDA; Invasive Species Prevention; Federal Quarantines; Enforcement

A BILL FOR AN ACT

RELATING TO INVASIVE SPECIES PREVENTION.

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

     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, Mississippi, 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 federal quarantines 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 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 this State shall be subject to the following:

     (1)  A regulated or restricted article shall not enter this State if it is prohibited from interstate movement pursuant to a federal quarantine; or

     (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 a waybill, or other shipping document, unless otherwise required in title 7 Code of Federal Regulations part 301.

     (c)  As used in this section:

     "Federal quarantine" means a regulatory action imposed by the federal government, including the United States Department of Agriculture or the Animal and Plant Health Inspection Service, to prevent the introduction, spread, or dissemination of pests in the United States.

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

     "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.

     "State" means any of the several states of the United States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States."

     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.

Report Title:

DOA; USDA; Invasive Species Prevention; Federal Quarantines; Enforcement

Description:

Authorizes the Department of Agriculture to enforce federal quarantines.  (CD1)

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 INVASIVE SPECIES PREVENTION.

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

     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, Mississippi, 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 federal quarantines 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 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 this State shall be subject to the following:

     (1)  A regulated or restricted article shall not enter this State if it is prohibited from interstate movement pursuant to a federal quarantine; or

     (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 a waybill, or other shipping document, unless otherwise required in title 7 Code of Federal Regulations part 301.

     (c)  As used in this section:

     "Federal quarantine" means a regulatory action imposed by the federal government, including the United States Department of Agriculture or the Animal and Plant Health Inspection Service, to prevent the introduction, spread, or dissemination of pests in the United States.

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

     "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.

     "State" means any of the several states of the United States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States."

     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 on July 1, 3000.

Report Title:

DOA; USDA; Invasive Species Prevention; Federal Quarantines; Enforcement

Description:

Authorizes the Department of Agriculture to enforce federal quarantines.  Effective 7/1/3000.  (HD2)

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 INVASIVE SPECIES PREVENTION.

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

     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 federal quarantines 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 of Hawaii shall be subject to the following:

     (1)  A regulated or restricted article shall not enter the State of Hawaii if it is prohibited from interstate movement pursuant to a federal quarantine; or

     (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 a certificate of origin or phytosanitary certificate.

     (c)  As used in this section:

     "Federal quarantine" or "quarantined state" means any state, as defined in this subsection, or any portion thereof, 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.

     "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.

     "State" means any of the several states of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States."

     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 on July 1, 3000.

Report Title:

DOA; USDA; Invasive Species Prevention; Federal Quarantines; Enforcement

Description:

Authorizes the Department of Agriculture to enforce federal quarantines.  Effective 7/1/3000.  (HD1)

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 INVASIVE SPECIES PREVENTION.

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

     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.

     (c)  As used in this section:

     "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.

Report Title:

DOA; USDA; Invasive Species Prevention; Federal Quarantines; Enforcement

Description:

Authorizes the Department of Agriculture to enforce quarantines issued by the United States Department of Agriculture.  (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 invasive species prevention.

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

     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 this food crop 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 citrus greening, or huanglongbing, 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 U.S. 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 citrus greening, other citrus diseases and pests, and other diseases and pests.

     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 and state 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 or another state 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 or an area not covered by a federal quarantine.  The department may seize, destroy, or require treatment of products moved from a federally regulated area if the products were not moved in accordance with the federal quarantine rules or, if certified, the products 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 a valid quarantine issued by a state; 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 state or 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."

     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.

Report Title:

DOA; USDA; Invasive Species Prevention; Federal and State Quarantines; Enforcement

Description:

Authorizes the Department of Agriculture to enforce quarantines issued by the United States Department of Agriculture or another state.

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

CONFERENCE COMMITTEE REP. NO. 37

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 330

       S.D. 1

       H.D. 2

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 330, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES PREVENTION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to authorize the Department of Agriculture to enforce federal quarantines.

     Your Committee on Conference finds that the State's growing citrus industry is progressively threatened by invasive pests and pathogens.  Your Committee on Conference recognizes that preventing the introduction of invasive species is more cost-effective than attempting to control them after they have been established.  Your Committee on Conference further finds that the Department of Agriculture does not have the legal authority to enforce federal quarantines on shipments that originated from infested areas and that existing state regulations restricting the importation of certain citrus species are not sufficient to address current threats to local citrus crops.  Thus, by authorizing the Department of Agriculture to enforce federal pest and disease quarantines, this measure helps to close a critical gap in the biosecurity of the State and protect local food production and supply.

     Your Committee on Conference has amended this measure by making it effective upon its approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 330, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 330, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1761

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 330

      S.D. 1

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 330, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES PREVENTION,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Department of Agriculture to enforce federal quarantines.

     Your Committee received testimony in support of this measure from the Coordinating Group on Alien Pest Species; Hawaiʻi Farmers Union; Hawaiʻi Farm Bureau; and three individuals.  Your Committee received comments on this measure from the Department of Agriculture and Department of the Attorney General.

     Your Committee finds that the State's growing citrus industry is vulnerable to invasive pests and diseases, which pose a serious threat to agricultural productivity and biosecurity.  Your Committee further finds that the State lacks a mechanism to enforce federal quarantines on shipments from invested areas, leaving Hawaii exposed to the introduction of harmful pests and diseases such as citrus greening.  This measure addresses that gap by strengthening the State's ability to protect its agricultural resources.

     Your Committee has amended this measure by:

     (1)  Deleting unnecessary language authorizing the Department of Agriculture to establish a quarantine and also adopt rules against pests not covered by federal regulations or orders;

     (2)  Clarifying the documentation required for regulated articles to avoid a conflict with federal regulations;

     (3)  Inserting a separate definition for "federal quarantine"; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 330, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 330, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1412

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 330

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committees on Agriculture & Food Systems and Economic Development & Technology, to which was referred S.B. No. 330, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES PREVENTION,"

beg leave to report as follows:

     The purpose of this measure is to authorize the Hawaii Department of Agriculture to enforce quarantines issued by the United States Department of Agriculture.

     Your Committees received testimony in support of this measure from the Coordinating Group on Alien Pest Species; Hawaiʻi Farm Bureau; and one individual.  Your Committees received comments on this measure from the Department of Agriculture.

     Your Committees find that protecting Hawaii's agricultural sector from invasive pests and diseases is essential to sustaining local food production and ensuring agricultural resilience.  Existing state regulations restricting the importation of certain crops are outdated and do not adequately address the current threats posed by emerging pests and plant diseases.  This measure strengthens the State's biosecurity by authorizing the Department of Agriculture to enforce federal pest and disease quarantines, closing a critical gap in agricultural protection and preventing the spread of harmful infestations.  However, your Committees also find that certain amendments are necessary to remove provisions that the Department of Agriculture has testified are unnecessary or not aligned with certain standard requirements.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying conditions that apply to interstate shipments for entry into the State;

     (2)  Deleting certain definitions;

     (3)  Adding a definition for "state";

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Agriculture & Food Systems and Economic Development & Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 330, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 330, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Agriculture & Food Systems and Economic Development & Technology,

STAND. COM. REP. NO. 953

Honolulu, Hawaii

RE:    S.B. No. 330

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 330, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES PREVENTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Department of Agriculture to enforce quarantines issued by the United States Department of Agriculture.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau, Kalihi-Palama Neighborhood Board No. 15, League of Women Voters of Hawaii, and the Coordinating Group on Alien Pest Species.

     Your Committee received comments on this measure from the Department of Agriculture.

     Your Committee finds that the State's farmers and ranchers continue to face serious threats from invasive species such as the coconut rhinoceros beetle, little fire ant, coffee berry borer, two-lined spittlebug, macadamia felted coccid, and varroa mite.  These pests not only damage crops and livestock, but also increase production costs and threaten the long-term viability of local agriculture.  This measure will improve the State's biosecurity by authorizing the Department of Agriculture to enforce federal quarantines.  Preventing the introduction of invasive pests is far more cost-effective than attempting to control them after they have been established, and enhancing the State's ability to effectuate agricultural quarantines is crucial to maintaining local food production, supporting agricultural sustainability, and preserving the State's biodiversity. 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 330, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 299

Honolulu, Hawaii

RE:    S.B. No. 330

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 330 entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES PREVENTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Department of Agriculture to enforce quarantines issued by the United States Department of Agriculture or another state.

     Your Committee received testimony in support of this measure from Hawaii Invasive Species Council, Hawaiʻi Farmers Union United, Hawaiʻi Farm Bureau, Coordinating Group on Alien Pest Species, Hawaiʻi Food+ Policy, and one individual.

     Your Committee received comments on this measure from the Department of Agriculture and Department of the Attorney General.

     Your Committee finds that the introduction and spread of invasive species in the State has grown with the increase and expansion of global trade.  Your Committee also finds that a high priority of the State is diversifying and strengthening its agricultural sector, which is progressively threatened by the introduction of new pests and pathogens.  Your Committee notes that federal regulations restrict the interstate movement of more than twenty different plant pests, including those affecting citrus, a rapidly growing sector of the local food supply.  According to testimony received by your Committee, the absence of explicit legal authority for the Department of Agriculture to enforce federal quarantines creates a dangerous gap in the State's biosecurity strategy and that granting the Department enforcement authority is essential to protecting Hawaii's farms and safeguarding local citrus crops.

     Your Committee acknowledges the concerns raised by the Department of the Attorney General that, because this measure allows the State to prohibit the interstate movement of an article regulated or restricted by another state and to generally establish a quarantine and adopt rules for an area not covered by a federal regulation, it may be subject to challenge under the Supremacy Clause, as these actions could result in additional prohibitions that are inconsistent with and exceeding existing federal regulations.  Amendments are therefore necessary to address this matter.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that would have allowed the Department of Agriculture to establish a quarantine and adopt rules against an area not covered by federal quarantine;

     (2)  Deleting language that would have allowed the State to enforce quarantines issued by another state;

     (3)  Replacing certain references to "product" with "article";

     (4)  Inserting definitions for "article", "federal quarantine" or "quarantine state", "federally regulated area", "interstate", "move" or "movement", "nonregulated area", and "regulated or restricted article"; and:

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

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 330, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 330, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,