§150A-5  Conditions of importation.  The
importation into the State of any of the following articles, viz.,
nursery-stock, tree, shrub, herb, vine, cut-flower, 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 such articles have been transported or any packing
material used in connection therewith shall be made in the manner hereinafter
set forth:



(1)  Notification of arrival.  Any person who receives
for transport or brings or causes to be brought to the State as freight, air
freight, baggage, or otherwise, for the purpose of debarkation or entry
therein, or as ship's stores, any of the foregoing articles, shall, immediately
upon the arrival thereof, notify the department, in writing, of the arrival,
giving the waybill number, container number, name and address of the consignor,
name and address of the consignee or the consignee's agent in the State, marks,
number of packages, description of contents of each package, port at which
laden, and any other information that may be necessary to locate or identify
the same, and shall hold such articles at the pier, airport, or any other place
where they are first received or discharged, in such a manner that they will
not spread or be likely to spread any infestation or infection of insects or
diseases that may be present until inspection and examination can be made by
the inspector to determine whether or not any article, or any portion thereof,
is infested or infected with or contains any pest.  The department may adopt
rules to require identification of specific articles on negotiable and
non-negotiable warehouse receipts, bills of lading, or other documents of title
for inspection of pests.  In addition, the department shall adopt rules to
designate restricted articles that shall require:



(A)  A permit from the department in advance of
importation; or



(B)  A department letter of authorization or
registration in advance of importation. 



The restricted
articles shall include but not be limited to certain microorganisms or living
insects.  Failure to obtain the permit, letter of authorization, or
registration in advance is a violation of this section;



(2)  Individual passengers, officers, and crew.



(A)  It shall be the responsibility of the
transportation company to distribute, prior to the debarkation of passengers
and baggage, the State of Hawaii plant and animal declaration form to each
passenger, officer, and crew member of any aircraft or vessel originating in
the continental United States or its possessions or from any other area not
under the jurisdiction of the appropriate federal agency in order that the
passenger, officer, or crew member can comply with the directions and
requirements appearing thereon.  All passengers, officers, and crew members,
whether or not they are bringing or causing to be brought for entry into the
State the articles listed on the form, shall complete the declaration, except
that one adult member of a family may complete the declaration for other family
members.  Any person who defaces the declaration form required under this
section, gives false information, fails to declare restricted articles in the
person's possession or baggage, or fails to declare in cargo manifests is in
violation of this section;



(B)  Completed forms shall be collected by the
transportation company and be delivered, immediately upon arrival, to the
inspector at the first airport or seaport of arrival.  Failure to distribute or
collect declaration forms or to immediately deliver completed forms is a
violation of this section; and



(C)  It shall be the responsibility of the
officers and crew of an aircraft or vessel originating in the continental
United States or its possessions or from any other area not under the
jurisdiction of the appropriate federal agency to immediately report all
sightings of any plants and animals to the plant quarantine branch.  Failure to
comply with this requirement is a violation of this section;



(3)  Plant and animal declaration form.  The form
shall include directions for declaring domestic and other animals cited in chapter
142, in addition to the articles enumerated in this chapter;



(4)  Labels.  Each container in which any of the
above-mentioned articles are imported into 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, the name
of the country, state, or territory and locality therein where the product was
grown or produced, and a statement of the contents of the container.  Upon
failure to comply with this paragraph, the importer or carrier is in violation
of this section;



(5)  Authority to inspect.  Whenever the inspector has
good cause to believe that the provisions of this chapter are being violated,
the inspector may:



(A)  Enter and inspect any aircraft, vessel, or
other carrier at any time after its arrival within the boundaries of the State,
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; and



(C)  Inspect any baggage or personal effects of
disembarking passengers, officers, and crew members on aircraft or vessels
arriving in the State to ascertain if they contain any of the articles or pests
enumerated in this chapter.  No baggage or other personal effects of the passengers
or crew members shall be released until the baggage or effects have been
passed.



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.



Whenever the inspector has good cause to
believe that the provisions of this chapter are being violated, the inspector
may 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
continental United States and Hawaii or between the Hawaiian Islands, 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 or any pest or any plant, fruit, or
vegetable infested with plant pests is found;



(6)  Request for importation and inspection.  In
addition to requirements of the United States customs authorities concerning
invoices or other formalities incident to importations into the State, the
importer shall be required to file a written statement with the department,
signed by the importer or the importer's agent, setting forth the importer's
desire to import certain of the above-mentioned articles into the State and:



(A)  Giving the following additional
information:



(i)  The kind (scientific name), quantity, and
description;



(ii)  The locality where same were grown or
produced;



(iii)  Certification that all animals to be
imported are the progeny of captive populations or have been held in captivity
for a period of one year immediately prior to importation or have been
specifically approved for importation by the board;



(iv)  The port from which the same were last
shipped;



(v)  The name of the shipper; and



(vi)  The name of the consignee; and



(B)  Containing:



(i)  A request that the department, by its duly
authorized agent, examine the articles described;



(ii)  An agreement by the importer to be
responsible for all costs, charges, or expenses; and



(iii)  A waiver of all claims for damages incident
to the inspection or the fumigation, disinfection, quarantine, or destruction
of the articles, or any of them, as hereinafter provided, if any treatment is
deemed necessary.



Failure or refusal to file a statement,
including the agreement and waiver, is a violation of this section and may, in
the discretion of the department, be sufficient cause for refusing to permit
the entry of the articles into the State;



(7)  Place of inspection.  If, in the judgment of the
inspector, it is deemed 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 first received
or discharged, the inspector is authorized to do so.  All costs and expenses
incident to the movement and transportation of the articles to such place shall
be borne by the importer or the importer's agent. If the importer, importer's
agent, or transportation company requests inspection of sealed containers of
the above-mentioned articles at locations other than where the articles are
first received or discharged and the department determines that inspection at
such place is appropriate, the department may require payment of costs
necessitated by these inspections, including overtime costs;



(8)  Disinfection or quarantine.  If, upon inspection,
any article received or brought into the State for the purpose of debarkation
or entry therein is found to be infested or infected 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.  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 held in quarantine 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 if it is a potentially
destructive pest or it is not widespread in the State, 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 article, or any
portion thereof, together with all packing and containers, may, at the
discretion of the inspector, be destroyed or sent out of the State at the
expense of the owner or the owner's agent.  Such destruction or exclusion shall
not be made the basis of a claim against the department or the inspector for
damage or loss incurred;



(9)  Disposition.  Upon completion of inspection,
either at the time of arrival or at any time thereafter should any article be
held for inspection, treatment, or quarantine, the inspector shall affix to the
article or the container or to the delivery order in a conspicuous place
thereon, a tag, label, or stamp to indicate that the article has been inspected
and passed.  This action shall constitute a permit to bring the article into
the State; and



(10)  Ports of entry.  None of the articles mentioned
in this section shall be allowed entry into the State except through the
airports and seaports in the State designated and approved by the board. [L
1973, c 69, pt of §1; am L 1974, c 232, §1; am L 1977, c 114, §2; am L 1980, c
265, §2; am L 1985, c 133, §1; gen ch 1985; am L 1990, c 243, §2; am L 1992, c
229, §3; am L 2000, c 211, §3; am L 2005, c 64, §2]