Rules
HRS §141-2
in effect141-2. Rules
Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:
(1) The introduction, transportation, and propagation
of trees, shrubs, herbs, and other plants;
(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;
(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;
(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;
(5) 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
(6) The manner in which agricultural product
promotion and research activities may be undertaken, after coordinating with
the agribusiness development corporation.
All rules adopted under this section shall have
the force and effect of law.
[L 1903, c 44, pt of §5; am L 1913, c 36, §1; am L
1917, c 232, §1; RL 1925, pt of §586; am L 1927, c 54, §2; RL 1935, pt of §176;
RL 1945, pt of §1006; RL 1955, pt of §18-8; am L Sp 1959 2d, c 1, §22; am L
1961, c 132, §2; am L 1965, c 96, §13; HRS §141-2; am L 1983, c 141, §2; am L
1996, c 166, §3; am L 2008, c 236, §3; am L 2012, c 124, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0141/HRS_0141-0002.htmFetched: 11/10/2026