Bill Text: HI SR163 | 2024 | Regular Session | Introduced

Hawaii Senate Resolution 163

Introduced

Bill Title: Urging The Department Of Agriculture To Adopt Proposed Amendments To Chapter 4-72, Hawaii Administrative Rules, That Provide Important Authorities For The Department To Prevent The Spread Of Insects, Diseases, And Other Invasive Pests Within The State.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-04-04 - Report and Resolution Adopted. [SR163 Detail]

Download: Hawaii-2024-SR163-Introduced.html

THE SENATE	S.R. NO.	163
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

SENATE RESOLUTION

Urging the DEPARTMENT OF AGRICULTURE TO adopt proposed amendments to chapter 4-72, Hawaii Administrative Rules, that provide important authorities for the department to prevent the spread of insects, diseases, and other invasive pests within the STATE.

WHEREAS, the Department of Agriculture (Department) has the sole authority to quarantine or prevent the movement of an invasive pest or material infested with an invasive pest in the State, and therefore all other state departments, county governments, and the industries, environment, and people of the State rely on the Department to prevent the spread of pests within the State; and

WHEREAS, chapter 4-72, Hawaii Administrative Rules (HAR), entitled "Plant and Non-Domestic Animal Quarantine Plant Intrastate Rules" is the only chapter available to the Department's Plant Industry Division to regulate the movement of pests within the State; and

WHEREAS, the Department has proposed amendments to chapter 4-72, HAR, that provide important authorities for the Department to prevent the spread of insects, diseases, and other invasive pests within the State; and

WHEREAS, these amendments were unanimously moved forward by the Advisory Committee on Plants and Animals on February 15, 2023, the Board of Agriculture on February 28, 2023, and the Small Business Regulatory Review Board on May 30, 2023, and each of these approvals occurred at a noticed public meeting that provided the opportunity for written and oral public testimony; and

WHEREAS, coconut rhinoceros beetle, coqui frog, and little fire ants are rapidly spreading across and within the islands of the State and the authorities provided and clarified in the proposed amendments will allow the Department to prevent and slow the spread of these and other pests; and

WHEREAS, many people are shocked to learn that it is not illegal to sell plants or other merchandise known to be infested with a pest, and that instead, section 141-2, Hawaii Revised Statutes, provides the Department the authority to adopt administrative rules to prevent such sales; and

WHEREAS, the proposed amendments to chapter 4-72, HAR, are the Department's first attempt to adopt rules to prevent the sale of pest-infested merchandise, which will protect the State's agricultural industries, natural resources, consumers, and the public; and

WHEREAS, the proposed rule amendments are a sensible and important step forward from the Department's current approach, which is to ask a seller to stop selling pest-infested merchandise on a voluntary basis; and

WHEREAS, the authority provided in proposed section 4-72-5, HAR, authorizes the Department to stop the movement of merchandise that is infested with a pest and for sale to the public, such as plants infested with little fire ants, by businesses that sell directly to the public; and does not apply to farms, ranches, or other agricultural production areas that do not sell directly to the public on-site; and

WHEREAS, the Department held a noticed public hearing on the proposed amendments to chapter 4-72, HAR, on January 30, 2024, and now is the time to move the amendments forward toward adoption; and

WHEREAS, the Legislature recognizes the amendments proposed by the Department to chapter 4-72, HAR, include and clarify authorities that will allow the Department to prevent and slow the spread of high-impact invasive pests, such as coconut rhinoceros beetle, coqui frog, and little fire ants; and

WHEREAS, other state departments, county governments, and the industries, environment, and people of the State are relying on the Department to adopt the proposed amendments to chapter 4‑72, HAR, which are urgently needed to address pests spreading within the State; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of Agriculture is urged to adopt proposed amendments to chapter 4‑72, Hawaii Administrative Rules, that provide important authorities for the Department to prevent the spread of insects, diseases, and other invasive pests within the State; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Chairperson of the Board of Agriculture, and Mayors of each county.