Transporting in State
HRS §150A-8
in effect150A-8. Transporting in State
(a) Flora and fauna 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 issued by the department.
(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
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.
[L 1973, c 69, pt of §1; am L 1974, c 232, §3; am L 1977, c 114, §3; am L 2025, c 236, §30]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0150A/HRS_0150A-0008.htmFetched: 11/10/2026