Bill Text: HI SB2559 | 2024 | Regular Session | Amended

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Bill Title: Relating To Invasive Pests.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/CPN. [SB2559 Detail]

Download: Hawaii-2024-SB2559-Amended.html

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THE SENATE	S.B. NO.	2559
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO INVASIVE PESTS.

 

 

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

 

     SECTION 1.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     .  pest placard PROGRAM

     §150A-A  Definitions.  As used in this part, "establishment" means a nursery, farm, or other agriculture-related business.

     §150A-B  Inspection; notice.  (a)  The department shall inspect an establishment at a frequency based upon the risk of spreading pests as determined by the department.  Inspections shall be conducted in response to a complaint of alleged pest infestation, of nearby infestations, or of infestations found in operations from which pest host material may be procured, donated, or traded.

     (b)  The department shall give at least five days notice to the owner and the operator of the establishment of its intention to enter the property to inspect for pests or access information and records specified in part.  Written notice sent to the owner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice.  If certified mail is impractical because the department, despite diligent efforts, cannot determine ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice.  The notice shall set forth the purpose and reason for the inspection and the scope of the search.

     (c)  After notice as required by subsection (b), any department member or agent authorized by the department may enter and inspect at reasonable times the establishment to inspect for pests or access information and records specified in this part, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct.  If entry is refused, the department member or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this part.  The district court may issue a warrant directing a state law enforcement officer or police officer of the county in which the establishment is located to assist the department member or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times.

     (d)  The department may examine the records of the establishment to get pertinent information regarding plants, supplies, and services purchased, received, stored, or used and persons employed.

     (e)  The department may prioritize and conduct more frequent inspections based upon its assessment of an establishment's history of compliance with this part and the establishment's potential as a spreader of pests by evaluating:

     (1)  Past performance, in cases of nonconformance with this part;

     (2)  Past performance, in cases of complaints investigated and found to be valid; and

     (3)  The hazards associated with the particular products that are purchased, received, stored, and sold.

     (f)  After an inspector presents official credentials and indicates an intent to conduct an inspection, the person in charge of the establishment shall allow the inspector to determine if the establishment is in compliance with this part by allowing access to the establishment, allowing inspection, and providing information and records specified in this part and to which the department is entitled according to law, during the establishment's hours of operation and other reasonable times.

     (g)  An inspection report shall be used to document the conditions observed and any noncompliance of this part that requires correction, which may include any of the following:

     (1)  Nonconformance with requirements of this part;

     (2)  Failure of the appropriate establishment employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the department as specified by this part;

     (3)  Failure of the person in charge of the establishment to provide records as required by the department for determining compliance with the pest management plan established pursuant to section 150A-H; and

     (4)  Deviation from the pest management plan established pursuant to section 150A-H.

     (h)  The department shall specify on the inspection report the time frame for correction of the violations in accordance with this part.

     (i)  At the conclusion of the inspection, the inspector shall request a signature by the person in charge of the establishment acknowledging receipt of the inspector's findings.

     (j)  Refusal to sign the acknowledgment of the inspector's findings shall not affect the owner or operator's obligation of the establishment to correct the violations noted in the inspection report within the time frames specified.

     (k)  Upon request, the department shall provide a copy of the completed inspection report to the owner or operator or person in charge of the establishment.

     (l)  The department shall treat the inspection report as a public document and shall make the report available for disclosure to any person who requests the report as provided by law.

     §150A-C  Quarantine of products and self-reporting.  An owner or operator of an establishment shall immediately quarantine all potentially infested material on site and notify the department that an imminent pest hazard may exist because of detection or suspected detection of the pest; provided that an owner or operator of an establishment may be allowed to continue operations in an area of an establishment that is cleared of pest infestation.

     §150A-D  Correction of violations.  (a)  Except as otherwise directed by the department, an owner or operator of an establishment shall immediately correct a critical violation of this part and implement corrective actions for any pest management plan provision that is not in compliance.

     (b)  Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may specify a longer time frame for the owner or operator of an establishment to correct critical violations or pest management plan deviations.

     (c)  The owner or operator of an establishment shall correct all critical and non-critical violations by a date and time specified by the department in any inspection report or other directive from the department.

     §150A-E  Verification and documentation of correction.  (a)  After observing at the time of inspection a correction of a critical violation or a pest management plan deviation, the department shall enter the violation and information about the corrective action on the inspection report.

     (b)  After receiving notification that the owner or operator of an establishment has corrected a critical violation or pest management plan deviation, or at the end of the specified period of time, the department shall verify correction of the violation or deviation, document the information on an inspection report, and enter the report in the department's records.

     §150A-F  Placarding.  (a)  Upon completion of an inspection, the department shall post at the establishment a color-coded placard indicating the compliance status of that establishment.  The placard shall be posted in a location clearly visible to the general public and patrons entering the establishment; provided that the placard shall be posted within five feet of the main entrance to the establishment on a post or wall in a transparent, waterproof casing; provided further that the placard may be posted in an alternative location, as approved by the chairperson, that ensures proper notice to the general public and patrons.

     (b)  The placard shall not be defaced, marred, camouflaged, hidden, or removed.  It shall be unlawful to operate an establishment unless the placard is posted in accordance with this part, and tampering of any kind with the placard may result in the immediate suspension of the business permit.

     (c)  A placard shall remain valid from the time of issuance until it is removed or replaced by the department.

     (d)  The color-coded placards shall be as follows:

     (1)  A green placard shall indicate:

          (A)  Zero or one critical violation was observed during an inspection, and the critical violation was corrected or mitigated during the inspection; or

          (B)  A follow-up inspection has verified correction of all critical violations;

     (2)  A yellow placard shall indicate:

          (A)  One violation remains uncorrected; or

          (B)  Two or more critical violations were observed during an inspection and additional corrective action is necessary;

          provided that a follow-up inspection may be conducted within two business days to ensure all critical violations are corrected or mitigated and remain corrected; provided further that the yellow placard shall remain posted until all critical violations are corrected or mitigated to the satisfaction of the chairperson; and

     (3)  A red placard shall indicate there is an immediate risk of spread of pests and closure of the establishment is necessary to prevent spread of pests; provided that a red placard may be posted upon a finding by the department that an infestation exists; provided further that upon the posting of a red placard, product and material in the establishment shall be quarantined and sales shall be immediately suspended.

     (e)  Critical violations of this part may include but shall not be limited to:

     (1)  Failure to separate products newly imported from known infested areas in contained areas for the inspections and testing period;

     (2)  Failure to conduct inspections and tests for listed pests as indicated by the pest management plan established pursuant to section 150A-H; and

     (3)  Failure to treat according to best practices while keeping infested products contained and seperate from the rest of the stock in the establishment.

     §150A-G  Quarantine and treatment.  (a)  Based upon the department's findings or other evidence, the chairperson or chairperson's designee may quarantine products found to be a potential pest hazard.

     (b)  The department may attach a tag or other appropriate marking to products determined to be potentially infested; provided that the marking shall be removed only by the department.  The tag or other marking indicating that product has been quarantined shall:

     (1)  Provide the department's findings and conclusions with respect to the pest infestation found; and

     (2)  Notify the person whose product has been quarantined of the person's right to request a hearing.

     (c)  Products quarantined pursuant to this section shall not be moved or used unless quarantine has been rescinded by the department.

     (d)  Within seven days of the quarantine, the chairperson shall:

     (1)  Extend the holding period for the period of time needed to further investigate the elimination of the infestation; or

     (2)  Rescind the action.

     (e)  If the owner of the product that has been quarantined submits a written request to the department for a hearing to contest the quarantine within seven days from the date the tag or other marking was affixed to the product, the board shall provide a hearing as soon as practicable.  At the hearing, the board shall:

     (1)  Determine whether the infestation on the quarantined product is a hazard; and

     (2)  Issue a final order for the continued quarantine and ultimate disposition of the quarantined product, or rescind the action.

     §150A-H  Pest management plan.  The department shall establish a pest management plan, as determined by rule.

     §150A-I  Rules.  The department shall establish rules pursuant to chapter 91 to implement the purposes of this part."

     SECTION 2.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No.      , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or       per cent.  In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $           or       per cent.  The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or       per cent.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 3.  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 2024-2025 to establish a pest placard program pursuant to this Act.

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

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  This Act shall take effect on July 1, 2024.

 

 

 

 

Report Title:

DOA; Invasive Species; Pest Placard Program; Establishment; Inspections; Expenditure Ceiling; Appropriation

 

Description:

Establishes a pest placard program.  Requires the Department of Agriculture to inspect certain establishments that are at risk of spreading pests.  Establishes correction and quarantine procedures.  Declares that the general expenditure ceiling is exceeded.  Makes an appropriation.  (SD1)

 

 

 

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