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SB2709
THE SENATE
S.B. NO.
2709
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
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.
INTRODUCED BY:
_____________________________
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.