Bill Text: HI HB2673 | 2020 | Regular Session | Introduced
Bill Title: Relating To Taro.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-30 - Re-referred to WLH, JUD, referral sheet 9 [HB2673 Detail]
Download: Hawaii-2020-HB2673-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2673 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to taro.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature reaffirms that the invasion of Hawaii by insects, disease-bearing organisms, snakes, weeds, and other pests is one of the greatest threats to Hawaii's economy and natural environment and to the health and lifestyle of Hawaii's people. As an island state, Hawaii is on the front lines of a climate crisis. Hawaii faces a unique set of issues relating to high biodiversity, isolation, and exposure to external economic shocks. Climate change will affect all areas of Hawaii's biosecurity system. Different pests and diseases will become established, existing pests will change distribution, and sleeper pests will become activated.
The legislature affirms the use of loi kalo as an indigenous plant. Throughout Hawaii, traditional agriculture, and specifically loi kalo, has played an important role within the traditional ahupuaa system. Loi provided a host of ecosystem services to native and endemic plants and animals while at the same time supporting a large human population and contributing to vibrant and sustainable communities.
Hawaii imports eighty-five per cent of its food. As demand for taro, poi, and other value-added taro products has increased, raw taro imports have also increased.
Taro pests and diseases, including aggressive forms of taro leaf blight, alomae-bobone virus, taro plant hopper, and taro root beetle, as well as threats from cultivar invasiveness, not yet present in Hawaii, pose a serious risk to Hawaii's commercial taro industry, family subsistence taro production, and statewide food security.
The department of agriculture banned taro imports from the Solomon Islands due to such threats; however, current import equity agreements between the United States and other taro growing regions, including the Pacific, Mexico, and China, allow raw taro products to be imported to the continental United States where they are then sent to Hawaii, often under a continental United States label of origin. Changes in access to bill of lading country of origin information under federal Department of Homeland Security rules prevent the department of agriculture from implementing protections from banned countries of origin or countries where high-risk diseases and pests are known. Raw taro corms are also not recognized or classified as a propagatable material under current state and federal agricultural rules.
Act 36, Session Laws of Hawaii 2007, which designated kalo as the state plant, recognized that taro deserves a special place in Hawaii and therefore a high level of protection, including special attention under state biosecurity laws. The taro security and purity task force established under Act 211, Session Laws of Hawaii 2008, recommended to the legislature in its 2010, 2014, and 2015 reports improved protections for taro from the biosecurity threats represented by imports, including for research, and outlined necessary actions. The task force noted two ways to proactively reduce or eliminate new threats:
(1) Stronger border protections by preventing the import of high-risk organisms and from high-risk points of origin, and
(2) Assisting local farmers to meet local consumer demand thereby reducing the need for crop imports.
The report recommended that the department of agriculture pursue a United States Department of Agriculture designation of "actionable pest" for pests and diseases that threaten taro in Hawaii, redefine raw taro corms and live plants as "propagative material", and make mandatory the limitation on imports of only dried, cooked, or frozen taro products to a satisfactory level where no live pest or pathogens can survive to protect local taro crops. Collaborative research and breeding programs are able to occur outside Hawaii where such threats already exist by partnering with regional institutions. The simple choice to not bring in what is not already here significantly reduces the opportunity for failed protocols and new threat escaping in Hawaii.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), states are expressly prevented from regulating foreign commerce to control, eradicate, or prevent the introduction or dissemination of plant pests or noxious weeds (7 U.S.C. 7756(a)). The Plant Protection Act also preempts states from regulating domestic commerce if the federal government has already issued such a regulation for those purposes, unless the regulation is consistent with but does not exceed the federal regulation (7 U.S.C. 7756(b)). In this instance, the federal government has not already issued such a regulation; therefore, it is within the State's purview to set standards.
The purpose of this Act is to prevent the ever-increasing risk of new diseases and pests and invasive taro cultivars from importing certain raw taro products that could pose a threat to the fragile, yet critically important commercial taro industry and subsistence taro production in Hawaii.
SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§150A- Taro; importation restrictions. (a) Raw
taro corms and any portion of a live taro plant with corm, buds, or root
present shall be designated as propagatable material.
(b) The importation of live taro corms or plant
material for any purpose, including research, breeding, and ornamental use and
sale, from any point of origin in the United States into Hawaii is prohibited.
(c) The importation of taro corms from any point of
origin in the United States shall be allowed when dried, cooked, frozen for a
minimum of eight days, or peeled.
(d) Live plant material from Hawaiian taro
varieties shall be allowed from any point of origin in the United States if:
(1) There is a verifiable historical record of
distribution from Hawaii to that point of origin;
(2) The plant material resides in a place of
origin where high-risk taro pests and diseases do not occur;
(3) The plant material is disease indexed and
tissue cultured to create certified clean material prior to re-entry; and
(4) The
plant material is from one of the following varieties:
Tsurunoko (Araimo), Akado (Ekaeka),
Miyako, Iliuaua (Pake), Bun-long (Bun-long-woo, Chinese), Aweu (Awweo, Aweoweo,
Aweuweu, Mamauweo, Maauweo), Kakakura-ula (Kakakura), Mana Ulu (Mana Owene),
Mana Opelu (Ala Pipika), Mana Weo (Weo), Mana Uliuli (Yellow), Mana Ulaula
(Mana Ha Ulaula), Mana Lauloa, Mana Keokeio (Mana Kea), Mana Kukuluhema
(Manua), Piko Lehua-apei (Lehua Apei), Piko Ulaula (Haehae Ulaula), Piko Kea,
Piko Keokeo ((Haehae Keokeo, Uaua Keokeo), Piko Uaua (Uaua Piko), Piko Uliuli
(Haehae, Piko Uli, Waianae), Piko Eleele (Haehae Eleele, Helemauna, Ipuolono, Makaopio),
Elepaio, Uahiapele (Hiwa, Pau O Hiiaka, Ualehu, Uwahiapele), Manapiko,
Tahitian, Kai Uliuli (Kai Eleele), Kai Ala (Ala, Ala Keokeo), Kai Kea (Ala
Kea), Apuwai, Apu (Oapu), Piialii (Ahapii, Moiula, Mokohe), Paakai (Launui
Paakai), Moana (Mauna), Akuugawai, Lauloa Eleele-omao (Lauloa Eleele, Lauloa Ha
Eleele), Lauloa Eleele-ula (Eleele Lauloa), Lauloa Palakea-eleele (Palakea,
Lauloa Palakea), Lauloa Palakea-ula, Pauloa Palakea-papamu (Papamu, Lauloa
Papamui), Lauloa Palakea-keokeo (Lauloa Onionio), Lauloa Keokeo (Lauloa Ha
Keokeo), Eleele Makoko (Nohu, Makoko), Eleele Naioea (Naioea, Eleele),
Manini-owali, Kumu-eleele, Nawao, Ulaula Kumu (Kumu), Ulaula Poni (Poni
Ulaula), Ulaula Moano (Ieie, Iaia), Niue-ulaula (Niue), Oopukai (Kaimoi),
Manini Uliuli, Manini Kea, Manini Toretore (Toretore, Forefore), Papakolea-koae
(Papakolea), Ula, Nihopuu, Manini-opelu, Hinupuaa (Manini), Niue-uliuli (Niue),
Ohe, Lehua maoli (Lehua), Lehua Keokeo (Waiakea), Lehua Eleele (Wailana), Lehua
Palaii (Palaii), Apowale, Wehiwa (Wehewa, Wewehiwa), Papapueo, Kuoho, Leo,
Maea, Haokea (Haakea, Haawikea, Ahakea), Kalalau, Hapuu (Hapuupuu), Laaloa,
Lauloa Uliuli (Hinapu, Lauloa Ha Uliuli), Lihilihimolina, Mana Eleele (Poni
Mana), Mana Okoa, Moi (Neenee), Oene (Owene Ulaula, Owene), Pikoele, and
Pololu.
(e) For purposes of this section, "taro" means all the varieties of taro listed in subsection (d)(4)."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Taro; Importation; Restrictions
Description:
Bans the importation of taro corms unless dried, cooked, frozen, or peeled. Bans the importation of live taro plant material from any point of origin in the United States.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
