RELATING TO INVASIVE SPECIES.

SB2760

THE SENATE

S.B. NO.

2760

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to invasive species
.

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

����
SECTION 1.
�
The legislature finds that invasive species
are the single greatest threat to the State's economy, agricultural production,
and natural environment, including native species, and to the health and
lifestyle of Hawaii's people.
�
The
impacts of invasive species in the State have been severe, causing serious
habitat degradation, extinction of native species, increased wildfire risk,
increases in the cost of agriculture and livestock production and market
opportunity exclusion, and many other negative and expensive consequences.
�
Preventing pests from entering the State, or,
if that fails, taking steps to prevent a pest from spreading within the State,
are two critical measures that can protect Hawaii from the negative impacts of
invasive species.

����
The legislature, like the federal
government, recognizes the value of preventing the movement of invasive
pests.
�
Federal law allows the United
States Department of Agriculture to conduct pre-departure inspections of all
passengers, baggage, cargo, and any other articles moving from the State to the
continental United States to protect against the spread of pests from
Hawaii.
�
However, the federal government
does not provide any similar inspections for passengers or material arriving in
the State from the continental United States.
�

Instead, the Hawaii department of agriculture and biosecurity inspects
agricultural commodities imported to Hawaii from other States.

����
However, the legislature recognizes
that existing law does not expressly authorize the Hawaii department of
agriculture and biosecurity to inspect non-agricultural commodities arriving in
the State from the continental United States or moving between islands of the
State.
�
This is a serious gap that can
allow devastating invasive species like the red imported fire ant and spotted
lanternfly to enter the State via non-agricultural commodities, such as building
materials and vehicles, from infested locations in the United States.
�

����
The
legislature further finds that imposing civil rather than criminal penalties
for certain violations detected by such inspections is a lawful and appropriate
deterrent.
�
The legislature notes the
necessity of other common-sense authorities to protect the State against
invasive species, including the authority to quarantine a pest-infested
area.
�
If invasive pests such as the red imported
fire ant are detected in the State, an effective, rapid response will require
the authority to impose a quarantine and prevent the movement of items and
spread of the pest.

����
The legislature notes that other
states, and even counties, have the authority to quarantine areas, including
restricting the movement, possession, and sale of commodities infested with a
high-impact pest, and may also quarantine any other products, articles, or
means of conveyances of pests.

����
The
legislature further finds that violations of most invasive species laws in the
State are subject to criminal penalties and the department of agriculture and
biosecurity has historically not sought fines for violations of invasive
species laws.
�
Designating strict
liability violations of certain laws as civil infractions and lowering the
mental state requirements for certain criminal violations may incentivize and
allow the department to enforce the laws more effectively.
�

����
Finally,
the legislature finds that the department of agriculture and biosecurity has an
increased workload in updating and adopting administrative rules related to
invasive species, with Act 236, Session Laws of Hawaii 2025, requiring new
administrative rules due to many existing invasive species‑related rules
being out of date or non-existent.
�
For
example, the list of designated noxious weeds in chapter 4-68, Hawaii
Administrative Rules, was last updated in 1992; the list of pests for control
or eradication in chapter 69A, Hawaii Administrative Rules, was last updated in
2008; and no list of restricted plants required by section 150A-6.1, Hawaii
Revised Statutes, has ever been developed.
�

A dedicated employee to assist specifically with administrative rules
for the department of agriculture and biosecurity would help alleviate the
administrative rule backlog and modernize the State's invasive species control
programs.
�

����
Accordingly,
the purpose of this Act is to:

����
(1)
�
Expand
the department of agriculture and biosecurity's authority to conduct certain inspections
and regulate non-agricultural commodities;

����
(2)
�
Provide
for better control of invasive species within the State; and

����
(3)
�
Clarify
certain penalties for violations to encourage enforcement of the invasive
species laws.

����
SECTION
2
.
�
Section 141-1, Hawaii Revised Statutes, is
amended to read as follows:

����
"�141-1
�
Duties in general.
�
The department of agriculture and biosecurity
shall:

����
(1)
�
Gather,
compile, and tabulate, from time to time, information and statistics
concerning:

���������
(A)
�
Entomology
and plant pathology:
�
Insects, scales,
blights, and diseases injurious or liable to become injurious to trees, plants,
or other vegetation, and the ways and means of exterminating pests and diseases
already in the State and preventing the introduction of pests and diseases not
yet in the State; and

���������
(B)
�
General
agriculture:
�
Fruits, fibres, and useful
or ornamental plants and their introduction, development, care, and manufacture
or exportation, with a view to introducing, establishing, and fostering new and
valuable plants and industries;

����
(2)
�
Encourage
and cooperate with the agricultural extension service [
and
]
,

agricultural experiment station
, and other colleges and departments
of
the
[
University
]
university

of Hawaii and [
all private
]
other
persons and organizations doing
work of an experimental or educational character coming within the scope of the
subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as
practicable, duplicating the work of those persons and organizations;

����
(3)
�
Enter
into contracts, cooperative agreements, or other transactions with any person,
agency, or organization, public or private, as may be necessary in the conduct
of the department's business and on any terms the department may deem
appropriate; provided that the department shall not obligate any funds of the
State, except the funds that have been appropriated to the department.
�
Pursuant to cooperative agreement with any
authorized federal agency, employees of the cooperative agency may be
designated to carry out, on behalf of the State the same as department
personnel, specific duties and responsibilities under chapters 141, 142, and
150A, and rules adopted pursuant to those chapters, for the effective
prosecution of pest control and animal disease control and the regulation of
import into the State and intrastate movement of regulated articles;

����
(4)
�
Secure
copies of the laws of other states, territories, and countries, and other
publications germane to the subject matters of chapters 141, 142, and 144 to
150A, and make laws and publications available for public information and
consultation;

����
(5)
�
Provide
buildings, grounds, apparatus, and appurtenances necessary for the examination,
quarantine, inspection, and fumigation provided for by chapters 141, 142, and
144 to 150A; for the obtaining, propagation, study, and distribution of
beneficial insects, growths, and antidotes for the eradication of insects,
blights, scales, or diseases injurious to vegetation of value and for the
destruction of injurious vegetation; and for carrying out any other purposes of
chapters 141, 142, and 144 to 150A;

����
(6)
�
Formulate
and recommend to the governor and legislature additional legislation necessary
or desirable for carrying out the purposes of chapters 141, 142, and 144 to
150A;

����
(7)
�
Publish
at the end of each year a report of the expenditures and proceedings of the
department and of the results achieved by the department, together with other
matters germane to chapters 141, 142, and 144 to 150A and that the department
may deem proper;

����
(8)
�
Administer
a program of agricultural planning and development, including the formulation
and implementation of general and special plans, including but not limited to
the functional plan for agriculture; administer the planning, development, and
management of the agricultural park program; plan, construct, operate, and
maintain the state irrigation water systems; plan, design, construct, operate,
manage, maintain, repair, demolish, and remove infrastructure
or improvements on any lands under the jurisdiction of the
department;
review, interpret, and make recommendations with respect to
public policies and actions relating to agricultural land and water use; assist
in research, evaluation, development, enhancement, and expansion of local
agricultural industries; and serve as liaison with other public agencies and
private organizations for the above purposes.
�

In the foregoing, the department shall act to conserve and protect
agricultural lands and irrigation water systems, promote diversified
agriculture, increase agricultural self-sufficiency, and ensure the
availability of agriculturally suitable lands; and

����
(9)
�
Manage,
administer, and exercise control over any public lands, as defined under
section 171-2, that are designated important agricultural lands pursuant to
section 205-44.5, including but not limited to establishing priorities for the
leasing of these public lands within the department's jurisdiction."

����
SECTION
3.
�
Section 150A-2, Hawaii Revised
Statutes, is amended by adding a new definition to be appropriately inserted
and to read as follows:

����
"
"Person"
means an individual, corporation, firm, association, society, community,
assembly, or inhabitant of a district or neighborhood, known or unknown, and
the public generally.
�
"Person"
includes a government and any of its agencies, instrumentalities, or subdivisions.
"

����
SECTION

4
.
�
Section 150A-5,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�150A-5
�

Conditions of importation.
�
(a)
�
The importation of any material that is
infested or infected with an insect or other animal, disease, or pest, or that
is itself a pest, shall be prohibited unless appropriate authorization is
obtained from the department before importation.

����
(b)
�
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[
;
]
,
including potting soil, growing mix, and mulch;
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
following
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 notification shall include
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
]
.
�
The articles
shall [
hold
the articles
]
be held
at the pier, airport, any other place where [
they
]

the articles
are first received or discharged, or a transitional
facility, in a manner that [
they will not
]
prevents the
spread or
[
be likely to spread
]
the likelihood of spreading
any infestation
or infection of
a pest, including
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 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
, including a compliance
agreement,
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
, or to enter into a
compliance agreement
in advance [
is
]
, shall be
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
]
before
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
]
, so
that the passenger, officer, or crew member can comply
with the directions and requirements appearing thereon.
�
All passengers, officers, and crew members,
regardless
of
whether [
or not
] they are bringing or causing to be brought for
entry into the State any articles listed, shall complete the declaration[
,
except
]
; provided
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
]
shall be
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 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
]
shall
be
in violation of this section;

����
(4)
�
Authority to
administratively
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 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;
]
An inspector may, subject to the
civil penalties established in section 150A-14:

���������
(A)
�
Conduct inspections of persons,
baggage, cargo, and any other items or materials destined for movement between
the islands of the State or importation into the State from any other state for
the purpose of determining whether an insect, pest, disease, or prohibited,
restricted, or regulated taxon is present.
�

For the purposes of this subparagraph, "state" has the same
meaning as defined in section 150A-11.2;

���������
(B)
�
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, and enter into or
upon any pier, airport, warehouse, or any other place in the State for the
purpose of conducting inspections authorized by subparagraph (A); and

���������
(C)
�
Inspect any baggage, cargo, and any
other item or material on the pier, vessel, or aircraft, or in any quarantine
or inspection area;

����
(5)
�
Request for importation and
inspection.
�
In addition to requirements
of the
appropriate
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
]
Providing
the
following additional information:

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

�������������
(ii)
�
The locality where
the
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[
;
]
or the
department, as appropriate;

�������������
(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
]

shall be
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,
]
item or material
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
]
may
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
]
items
or materials
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
]
items or materials
are first received or
discharged or a transitional facility and the department determines that
inspection at the other place is appropriate, the department may require
payment of costs necessitated by these inspections, including overtime costs;

����
(7)
�
Disinfection or quarantine.
�
If, upon inspection, any [
article
]
item
or material
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,
]

department,
be eradicated, a treatment shall be given to the

[
article.
]

item or material.
�
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
]
item or material
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
]
item or material

to be treated or to be responsible for the cost of treatment and quarantine,
the [
article,
]
item or material,
or any portion thereof, together
with all packing and containers, may, at the discretion of the [
inspector,
]

department,
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
]
item
or material
be held for inspection, treatment, or quarantine, the inspector
shall affix to the [
article
]
item, material,
or [
the
]
container
,
or to the delivery order in a conspicuous place thereon, a
tag, label, or stamp to indicate that the [
article
]
item or material

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
]
items or
materials
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.

����
(c)
�
Economic loss or damage.
�
The State shall not be responsible for any
economic loss or damages related to any actions by the department pursuant to
this chapter.
�
For the purposes of this
subsection, "actions" includes any exclusion, treatment, quarantine,
or destruction of any item.
"

����
SECTION

5
.
�
Section
150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) 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), except
]
150A-5(b)(8); provided
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."

����
SECTION

6
.
�
Section 150A-8,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�150A-8
�

[
Transporting in
]
Movement within the
State[
.
]
;
quarantine, treatment, and destruction.
�
(a)
�
Flora [
and
]
,
fauna
, and any
other item or material
specified by rules [
and regulations
] of the
department shall not be moved from one island to another island within the
State or from one locality to another on the same island except by a permit
,
including a compliance agreement,
issued by the department.

����
(b)
�
The department may quarantine any business or
other area that is known to be, or reasonably suspected to be, based on the
results of systematic surveys or reports or proximity to known populations,
infested or infected with a pest or a prohibited or restricted organism in
violation of this chapter or any rule adopted under this chapter to prevent the
movement of materials to or from the location.

����
[
(b)
]

(c)
�
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[
;
]
, including potting soil,
growing mix, and mulch;
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
following
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
]
prevents
spread or [
be likely to spread
]
the
likelihood of spreading
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
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
]
shall
be
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
]
shall be
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;
]

���������
An inspector may conduct
inspections of persons, baggage, cargo, and any other item or material moving
between or destined for movement between islands of the State as established in
section 105A-5(b)(4).

����
(4)
�
Place of inspection.
�
The [
inspector
]
department
shall
make a determination whether it is necessary or advisable to move any [
of
the abovementioned articles, or any portion thereof,
]
item or material

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
]
items or materials

to such place shall be borne by the consignee or the consignee�s agent;

����
(5)
�
Disinfection or quarantine.
�
If, upon inspection, any [
article
]
item
or material moving or
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,
]
department,

be eradicated, a treatment shall be given [
such article
]
to the item
or material
prior to movement between the islands of the State[
.
]
or
at the time the infestation or infection is detected.
�
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
]
items
or materials
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
]
item or material

to be treated or to be responsible for the cost of treatment and quarantine,
the shipment, [
article,
]
item or material,
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,
]
item or material,

container, or to the delivery order or other similar document, a tag, label, or
stamp to indicate that the [
article
]
item or material
has been
inspected and can be moved between the islands of the State."

����
SECTION

7
.
�
Section
150A-9.5, Hawaii Revised Statutes, is amended by amending subsections (a) through
(c) 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
, and
any other item or material
into and within the State.
�
[
Such
]
The
rules shall not be
subject to chapter 91.

����
(b)
�
An interim rule may be adopted in the event
that the importation or movement of any flora [
or
]
,
fauna,
or
any other item or material,
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 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.

����
(c)
�
Interim rules adopted by the department
pursuant to this section shall be effective as stated by such rules; provided
that:

����
(1)
�
Any interim rule shall be published at
least once statewide within twelve days of issuance; and

����
(2)
�
No interim rule shall be effective for
more than [
one year.
]
two years.
"

����
SECTION

8
.
�
Section
150A-14, Hawaii Revised Statutes, is amended by amending subsections (a) through
(f) to read as follows:

����
"(a)
�
[
Any
]

Except as otherwise provided in this section, any
person who violates
any provision of this chapter [
other than sections 150A-5, 150A-6(3), and
150A-6(4)
] or [
who violates
] any rule adopted under this chapter [
other
than those rules involving an animal that is prohibited or a plant, animal, or
microorganism that is restricted, without a permit,
] shall be [
guilty of
a misdemeanor and
] fined not less than $100[
.
�
The provisions of section 706-640
notwithstanding, the maximum fine shall be
]
and not more than

$10,000.
�
For a second [
offense
]
violation

committed within five years of a prior [
offense,
]
violation,
the
person [
or organization
] shall be fined not less than $500 and not more
than $25,000.
�
Each day of violation
shall constitute a separate violation.
�

Any action taken to impose or collect the penalty provided for in this
subsection shall be considered a civil action.

����
(b)
�
Any person who [
violates section 150A-5 or
150A-58 shall be fined no less than $100 and no more than $10,000.
�
For a second violation committed within five
years of a prior violation, the person may be fined no less than $500 and no
more than $25,000.
]
:

����
(1)
�
Recklessly violates section
150A-6(3) or (4); or

����
(2)
�
Knowingly owns; transports,
including through interisland or intraisland movement; possesses; harbors; transfers;
or causes the importation of any snake or other prohibited animal seized under
section 150A‑7(b), or violates any provision of this chapter, other than
a violation detected by an inspection pursuant to section 150A-5(b)(4), or any
rule adopted under this chapter, involving an animal that is prohibited, a
plant that is restricted, or an animal or microorganism that is restricted or
unlisted, shall be guilty of a misdemeanor and subject to a fine of not less
than $5,000, but not more than $20,000.
�

Each day of violation shall constitute a separate offense.

����
(c)
�
Any person who[
:

����
(1)
�
Violates section 150A-6(3) or (4),
or owns or intentionally transports, possesses, harbors, transfers, or causes
the importation of any snake or other prohibited animal seized under section
150A-7(b), or whose violation involves an animal that is prohibited, a plant
that is restricted, or an animal or microorganism that is restricted or
unlisted, without a permit, shall be guilty of a misdemeanor and subject to a
fine of no less than $5,000, but no more than $20,000;

����
(2)
�
Intentionally
]
knowingly

transports,
including through interisland or intraisland movement,
transfers,
possesses, harbors, or imports with the intent to propagate, sell, or release
any
pest designated by statute or rule,
animal that is prohibited, [
a
]
plant
, animal, or microorganism
that is restricted, or [
an
]
animal or microorganism that is [
restricted or
] unlisted[
, without a
permit,
]
in violation of any provision of this chapter, or any rule
adopted under this chapter, unless otherwise authorized by law or rule,

shall be guilty of a class C felony and subject to a fine of [
no
]
not

less than $50,000, but [
no
]
not
more than $200,000[
; or

����
(3)
�
Intentionally imports, possesses,
harbors, transfers, or transports, including through interisland or intraisland
movement, with the intent to propagate, sell, or release, any pest designated
by statute or rule, unless otherwise allowed by law, shall be guilty of a class
C felony and subject to a fine of no less than $50,000, but no more than
$200,000
].

����
(d)
�
Whenever [
a court sentences
] a person [
or
organization
]
is subject to a penalty
pursuant to subsection (a)
,
(b),
or (c) for [
an offense which
]
a violation that
has
resulted in the escape or establishment of any pest or animal or microorganism
that is
prohibited,
restricted
,
or unlisted and caused the
department to initiate a program to capture, control, or eradicate that pest [
or
]
,

animal
,
or microorganism [
that is restricted or unlisted, the
]
,
a
court [
shall also
]
may
require that the person [
or
organization
] pay [
to the state general fund
] an amount of money to
be determined in the discretion of the court upon advice of the department,
based upon the cost of the development and implementation of the program.
�
Any amount collected under this subsection
shall be deposited into the pest inspection, quarantine, and eradication fund
established pursuant to section 150A-4.5.

����
(e)
�
The department may, at its discretion, 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
]
item
or material
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.

����
(f)
�
Any person [
or organization
] that
voluntarily surrenders any pest, prohibited animal, or any restricted plant,
animal, or microorganism [
without a permit issued by the department
],
or
unlisted animal or microorganism
prior to the initiation of any seizure
action by the department, shall be exempt from the penalties of this section."

����
SECTION
9.
�
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 2026-2027 to establish and fund one
full-time equivalent (1.0 FTE) position within the plant industry division of
the department of agriculture and biosecurity to assist the plant industry
division administrator in drafting, reviewing, and updating administrative
rules for the plant quarantine branch and the plant pest control branch.

����
The
sum appropriated shall be expended by the department of agriculture and
biosecurity for the purposes of this Act.

����
SECTION
10.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
11.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION
12.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
13.
�
This Act shall take effect on July
1, 2026.

INTRODUCED
BY:

_____________________________

Report Title:

DAB;
Pests; Invasive Species; Importation; Inspection; Sale; Prohibition;
Quarantine; Interim Rules; Penalties; Position; Appropriation

Description:

Clarifies
that the importation of any item or material infested or infected with an
insect or other animal, disease, or pest is prohibited.
�
Requires the Department of Agriculture and
Biosecurity to adopt rules to designate certain restricted articles to require
a compliance agreement prior to importation.
�

Clarifies that the State is not responsible for any economic loss or
damages related to any actions by the Department under chapter 150A, Hawaii
Revised Statutes.
�
Authorizes the Department
to administratively inspect any article imported or moved into the State from the
continental United States or between the islands of the State.
�
Authorizes the Department to compel the
quarantine of certain non-agricultural items or materials.
�
Allows for certain interim rules adopted by
the Department to be effective for up to two years.
�
Clarifies penalties for various quarantine
and import law violations.
�
Appropriates
funds to establish one full-time equivalent position within the Department to
assist the Plant Industry Division Administrator in drafting, reviewing, and
updating certain administrative rules.

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