RELATING TO PLANT CARE COMPONENTS.

HB1449

HOUSE OF REPRESENTATIVES

H.B. NO.

1449

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to plant care components
.

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

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SECTION
1.
�
The legislature finds that treating
plant care components, which includes any quantity of wood chips, compost, or
filter socks, reduces potential pests and increases the State's overall
biosecurity.
�
The legislature further
finds that Act 197, Session Laws of Hawaii 2024, requires the department of
agriculture to certify plant care component treatments performed within the
State.

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The purpose of this Act is to strengthen
the plant care component program by authorizing the department of agriculture
to adopt rules and administrative penalties related to the program.

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SECTION
2
.
�
Section 141-2,
Hawaii Revised Statutes, is amended to read as follows:

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"
�141-2
�
Rules.
�
Subject to chapter 91,
the department of agriculture shall adopt, amend, and repeal rules not
inconsistent with law, for and concerning:

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(1)
�
The
introduction, transportation, and propagation of trees, shrubs, herbs, and
other plants;

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(2)
�
The
quarantine, inspection, fumigation, disinfection, destruction, or exclusion,
either upon introduction into the State, or at any time or place within the
State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting,
graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable;
any grain, cereal, or legume in the natural or raw state; any moss, hay, straw,
dry-grass, or other forage; any unmanufactured log, limb, or timber; or any
other plant growth or plant product unprocessed or in the raw state; any sand,
soil, or earth; any live bird, reptile, insect, or other animal, in any stage
of development, that is in addition to the so-called domestic animals, which
are provided for in section 142-2; and any box, barrel, crate, or other
containers in which the articles, substances, or objects have been transported
or contained, and any packing material used in connection therewith, that is or
may be diseased or infested with insects or likely to assist in the
transmission or dissemination of any insect or plant disease injurious,
harmful, or detrimental, or likely to become injurious, harmful, or detrimental
to the agricultural or horticultural industries or the forests of the State, or
that is or may be in itself injurious, harmful, or detrimental to the same;
provided that included therein may be rules governing the transportation of any
of the articles, substances, or objects enumerated above in this section
between different localities on any one of the islands within the State;

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(3)
�
The
prohibition of importation into the State, from any or all foreign countries or
from other parts of the United States, or the shipment from one island within
the State to another island therein, or the transportation from one part or
locality of any island to another part or locality of the same island, of any
specific article, substance, or object or class of articles, substances, or
objects, among those enumerated above in this section, that is diseased or
infested with insects or likely to assist in the transmission or dissemination
of any insect or plant disease injurious, harmful, or detrimental or likely to
be injurious, harmful, or detrimental to the agricultural or horticultural
industries, or the forests of the State, or that is or may be in itself
injurious, harmful, or detrimental to the same;

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(4)
�
The
preparation by cargo carriers of manifests of cargo transported into the State
or between islands of the State and the submission of the manifests to the
department;

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(5)
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The establishment,
maintenance, and enforcement of compliance agreements with federal or state
departments of agriculture authorizing agriculture inspectors from the state of
origin in the case of imports to the State, or state agricultural inspectors in
the case of state exports, to monitor the growing and packing of plant
commodities and any treatment procedures to ensure compliance with quarantine
laws, and further authorizing the assessment of fees for conducting inspections
required under the compliance agreement; [
and
]

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(6)
�
The
manner in which agricultural product promotion and research activities may be
undertaken, after coordinating with the agribusiness development corporation[
.
]
;

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(7)
�
The
establishment, fee schedule, appropriate treatments, certification
requirements, restrictions, and enforcement of or for a plant care component
program; and

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(8)
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Any
other purpose within this part.

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All rules adopted under this section shall
have the force and effect of law.
"

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SECTION
3
.
�
Section 141-18,
Hawaii Revised Statutes, is amended to read as follows:

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"
[
[
]
�141-18[
]
]
�
Plant care components
;
fumigation; treatment; certification; fees; restrictions.
�

(a)
�
The department of
agriculture:

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(1)
�
Shall certify
plant care component treatments performed
within the State;

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(2)
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May certify and
permit entities to
conduct plant care
component treatments before shipment;
and

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(3)
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Shall deposit any
fees collected for certifications of plant care component treatment pursuant to
section 150A-21 into the pest inspection, quarantine, and eradication fund
established pursuant to section 150A-4.5.

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(b)
�
No
person shall distribute within the State any plant care component that
originated outside the State, unless the plant care component has been treated
immediately after entering the State, as certified by the department of
agriculture.

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(c)
�
No
person shall transport any plant care component:

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(1)
�
Between the
islands of the State; or

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(2)
�
From a location
within the State to a location outside the State,

without
prior certification from the department of agriculture that the component has
been treated pursuant to this section;
provided that
the component shall be stored in a manner to prohibit infestation
post-treatment
.

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(d)
�

Any person who violates any provision of this section or the rules
adopted pursuant to this section may be assessed an administrative penalty of
no more than $10,000 for each offense; provided that the person receives
appropriate notice and the option for a contested case hearing.
�
Unless the person makes a written request for
a hearing within twenty days of receipt of the notice, the proposed penalty and
finding of a violation pursuant to this section shall be a final order.
�
In determining the amount of the penalty, the
board shall consider:

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(1)
�
The
appropriateness based on the size of the business of the person charged;

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(2)
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The effect on
the person's ability to continue the person's business; and

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(3)
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The gravity of
the violation.

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(e)
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In
the event of failure to pay or collect the full amount of the administrative
penalty in subsection (d), the board shall refer the matter to the attorney
general, who shall seek to recover the amount by action in the appropriate
court.
�
For any judicial proceeding to
recover the administrative penalty imposed, the attorney general shall have the
burden of showing that:

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(1)
�
Adequate notice
was provided;

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(2)
�
A contested
case hearing was held or the time to request a hearing had expired;

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(3)
�
The
administrative penalty was imposed; and

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(4)
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The
administrative penalty remains unpaid in full.

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(f)
�
When construing and enforcing the provisions
of this section, the act, omission, or failure of any officer, agent, or other
person acting for or employed by any person shall in every case be also deemed
to be the act, omission, or failure of the person and the person employed.

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[
(d)
]
(g)
�
For the purposes of this section:

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"Filter sock" means a mesh tube
that contains organic plant material, which is used for erosion control.

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"Plant care component" or
"component" means any quantity of wood chips, compost, or filter
socks.

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"Treat" or "treatment"
means fumigation or heat treatment."

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SECTION 4.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of $
or so much thereof as may be necessary for fiscal year 2025-2026 and the same
sum or so much thereof as may be necessary for fiscal year 2026-2027 for the
implementation and performance of the plant care component program and the
establishment of full-time equivalent
( FTE) permanent civil service plant quarantine
inspector IV positions and full-time equivalent
( FTE) permanent civil service plant quarantine
inspector III positions within the department of agriculture's plant industry
division, plant quarantine branch to effectuate this Act.

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The sums

appropriated shall be expended by the department of agriculture
for the purposes of this Act.

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SECTION
5.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 7.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

DOA; Biosecurity;
Pest Control; Plant Care Components; Penalties; Positions; Appropriation

Description:

Authorizes
the Department of Agriculture to adopt rules and establishes administrative
penalties to establish and enforce the plant care component program.
�
Appropriates funds and establishes positions
for purposes of the plant care component program.

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