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chapter-141•Hawaii Revised Statutes, Chapter 141 — Department of Agriculture and Biosecurity
chapter-141Haw. Rev. Stat. ch. 141CodeJan 1, 1903
Division 1. Government — Title 11. Agriculture and Animals
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
The department of agriculture and biosecurity shall:
(1) Gather, compile, and tabulate, from time to time, information and statistics concerning:
(A) Entomology and plant pathology: Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet in the State; and
(B) General agriculture: Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;
(2) Encourage and cooperate with the agricultural extension service and agricultural experiment station of the University of Hawaii and all private persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;
(3) Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on any terms the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department. Pursuant to cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, and 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;
(4) Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;
(5) Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;
(6) Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;
(7) Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;
(8) Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; plan, design, construct, operate, manage, maintain, repair, demolish, and remove infrastructure or improvements on any lands under the jurisdiction of the department; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes. In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; and
(9) Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction.
[L 1903, c 44, pt of §5; RL 1925, pt of §586; RL 1935, pt of §176; am L 1941, c 228, §1; RL 1945, pt of §1006; RL 1955, pt of §18-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-1; am L 1982, c 73, §1; am L 1983, c 215, §2; am L 1984, c 275, §3; am L 1985, c 127, §2; am L 1987, c 91, §1; am L 1995, c 80, §1; am L 1998, c 67, §1; am L 2000, c 147, §1; am L 2008, c 233, §15; am L 2022, c 221, §2; am L 2025, c 236, §17]
Subject to chapter 91, the department of agriculture and biosecurity 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, cut-foliage, 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;
(6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation;
(7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and
(8) Any other purpose within this part.
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; am L 2025, c 236, §37]
[Section effective January 1, 2027.] (a) There is established within the department a deputy chairperson for biosecurity. The deputy chairperson for biosecurity shall oversee all of the department's biosecurity initiatives, including programs under chapters 142 and 150A and sections 141-5, 261-4.5, and 266-21.5.
(b) The deputy chairperson for biosecurity shall be a deputy to the chairperson of the board of agriculture and biosecurity and be appointed, without regard to chapter 76, by the governor. The salary of the deputy chairperson for biosecurity shall be as provided in section 26-53 for first deputies or first assistants to the head of any department.
[L 2025, c 236, §21]
L 2022, c 134, §§4 to 6.
(a) The department of agriculture and biosecurity shall designate the coqui frog as a pest. All other pest designations shall be established by rule, including the criteria and procedures for the designation of pests for control or eradication.
(b) The department of agriculture and biosecurity shall, so far as reasonably practicable, assist, free of cost to individuals, in the control or eradication of insects, mites, diseases, noxious weeds, or other pests injurious to the environment or vegetation of value; and in the investigation, suppression, and eradication of contagious, infectious, and communicable diseases among domestic animals; and shall in like manner distribute to points where needed, beneficial insects, or pathogens and other antidotes for the control of insects, mites, diseases, or other pests injurious to the environment or vegetation of value, and for the control or eradication of vegetation of a noxious character.
(c) Notwithstanding subsection (a), if the department finds the incipient infestation of a pest that has an adverse effect on the environment or that is injurious or deleterious or that is likely to become injurious or deleterious to the agricultural, horticultural, aquacultural, or livestock industries of the State without immediate action, it may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of the pest to be effective for a period of not longer than one hundred eighty days without renewal.
[L 1903, c 44, §19; am L 1905, c 82, §1; RL 1925, §587; RL 1935, §177; RL 1945, §1007; RL 1955, §18-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-3; am L 1989, c 267, §2; am L 1992, c 72, §1; am L 2006, c 108, §1; am L 2025, c 236, §17]
(a) The department of agriculture and biosecurity shall develop and implement a detailed control or eradication program for any pest designated in section 141-3, using the best available technology in a manner consistent with state and federal law.
(b) The department of agriculture and biosecurity shall:
(1) Lead and coordinate the State's invasive pest control and eradication biosecurity efforts;
(2) Engage in memorandums of understanding with interagency partners and private organizations;
(3) Approve of memorandums of understanding with submitted working plans to execute control and eradication programs; and
(4) Include in its annual report to the legislature pursuant to section 150A-57 any memorandums of understanding and partnerships pursuant to paragraphs (2) and (3) to advance the State's invasive pest control and eradication biosecurity efforts.
(c) For any pest designated by emergency rule as provided in section 141-3, the department of agriculture and biosecurity shall implement an emergency program using the best available technology in a manner consistent with state and federal law.
(d) The department of agriculture and biosecurity:
(1) In conjunction with the department of land and natural resources; department of health; department of transportation; department of business, economic development, and tourism; university of Hawaii system; or state and privately organized agencies and programs, as applicable, shall identify best practices for the treatment of pests designated in section 141-3;
(2) Shall post on its website infestation updates and data, including real-time geographic information system map data, and best practices identified for the treatment of pests designated in section 141-3, as prioritized by the department. No later than December 1, 2025, the department shall establish a pest dashboard to provide real-time data and information for treatment areas of pests designated in section 141-3 to the public. The dashboard shall be updated regularly and be hosted and managed by the department;
(3) Shall, along with contracted parties, document past responses in the department's geographic information system database; provided that the information shall include date, location, names of individual participants, organization, activities performed, and presence and absence of pests; provided further that the disclosure of information shall be under the jurisdiction of the department; and
(4) Shall, along with contracted parties, provide notice to the department's pesticides branch prior to usage of pesticides in the course of controlling pests. Upon receipt of notification, pesticide inspectors may perform random inspections to ensure compliance with pesticide laws and regulations. The department of agriculture and biosecurity, department of land and natural resources, and contracted parties pursuant to section 150A-58 shall regularly and timely post treatment area information to the pest dashboard.
(e) Any state department, agency, political subdivision, or contracted party pursuant to section 150A-58 that does not provide information for the pest dashboard in compliance with this section shall not receive or expend public funds. The deputy chairperson for biosecurity shall be responsible for ensuring compliance with this section.
[L 1989, c 267, pt of §1; am L 2020, c 32, §2; am L 2024, c 231, §2; am L 2025, c 236, §35]
(a) The department of agriculture and biosecurity or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for the control or eradication of a pest. Written notice sent to the landowner'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 or county, despite diligent efforts, cannot determine land 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 all pertinent information on the pest control program and the procedures and methods to be used for control or eradication.
(b) After notice as required by subsection (a), any member of the department, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to maintain a pest control or eradication program, 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, county employee, 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 chapter. The district court may issue a warrant directing a police officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times.
[L 1989, c 267, pt of §1; am L 1992, c 72, §2; am L 1993, c 56, §1; am L 1997, c 62, §1; am L 2017, c 182, §2; am L 2025, c 236, §17]
The department of agriculture and biosecurity may make rules respecting the weighing of coffee prior to its shipment to points outside the State, and providing for the certification of weights thereof. Further, a reasonable schedule of fees to defray the expense of administering this section shall be established by the department, which fees shall be collected and deposited with the state director of finance to the credit of the general fund; provided that the department shall consult the appropriate industries, organizations, and agencies prior to the promulgation of the rules.
[L 1955, JR 38, §1; RL 1955, §18-15.5; am L Sp 1959 2d, c 1, §§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §6; HRS §141-4; am L 2025, c 236, §17]
The department of agriculture and biosecurity, with the approval of the governor, shall adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine that is authorized, required, or permitted by this chapter or chapter 142, 150, or 150A. Certificates and permits in these chapters concerning articles or animals imported, or proposed to be imported, into the State, and the charges provided for, shall be paid for in advance before any certificate or permit is delivered, or any of the articles or animals are permitted to be landed. If thereafter further expense is incurred in the inspection, treatment, or quarantine of any of the articles or animals, the charges shall be paid before any of the articles or animals shall be delivered.
[L 1903, c 44, §15; am L 1905, c 82, §2; RL 1925, §642; RL 1935, §238; RL 1945, §1364; RL 1955, §18-16; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-5; am L 2008, c 236, §4; am L 2025, c 236, §17]
Any person who feels aggrieved at any decision of any inspector of the department of agriculture and biosecurity shall have the right to appeal from the decision to the board of agriculture and biosecurity. The board shall give a prompt hearing to the appellant and the inspector upon the appeal, and decide the question at issue, which decision shall be subject to judicial review as provided in chapter 91.
[L 1903, c 44, §17; RL 1925, §643; RL 1935, §239; RL 1945, §1365; RL 1955, §18-17; am L 1965, c 96, §14; HRS §141-6; am L 2025, c 236, §§17, 18]
(a) Any person violating any of the provisions of chapters 141, 142, or 144 to 149A, for which violation a penalty is not otherwise provided, or violating any rule of the department of agriculture and biosecurity, or any master of any vessel which brings into the State any article which the department at any time shall prohibit from being imported into the State, or the master of any vessel from which is landed any article required in chapters 141, 142, or 144 to 149A to be inspected, before the master has received a permit to land the articles from the department or its officer or inspector, as provided by chapters 141, 142, and 144 to 149A, shall be fined not more than $500.
(b) When any landowner or land occupier fails to cooperate with the department in its pest control or eradication programs, the department may proceed with its program at the expense of the landowner or land occupier. Any person who violates this chapter or any rule adopted by the department pursuant to section 141-3 shall be fined not less than $100 nor more than $500 for the first offense, and not less than $1,000 nor more than $5,000 for each offense thereafter.
[L 1903, c 44, §16; am L 1905, c 82, §3; am L 1907, c 112, §1; RL 1925, §644; RL 1935, §240; RL 1945, §1031; RL 1955, §18-18; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-7; gen ch 1985; am L 1986, c 339, §7; am L 1992, c 72, §3; am L 2025, c 236, §17]
(a) Any person who wilfully or knowingly damages or destroys any crop, including silvicultural crops or agricultural commodities as defined in section 145-21, that is known by the person to be intended for personal or commercial purposes, or for research and development purposes by any private or public research facility, federal, state, or local government agency, or university shall be liable for twice the value of the crop or commodity damaged or destroyed.
(b) Damages available under this section shall be limited to twice the market value of the crop or commodity and the production, research, testing, replacement, and crop or commodity development costs directly related to the damaged or destroyed crop or commodity.
(c) Rights and remedies under this section are in addition to any other rights or remedies otherwise available or penalties that may otherwise be imposed.
[L 2001, c 298, §1]
(a) There is established within the department of agriculture and biosecurity an energy feedstock program that shall:
(1) Maintain cognizance of actions taken by industry and by federal, state, county, and private agencies in activities relating to the production of energy feedstock, and promote and support worthwhile energy feedstock production activities in the State;
(2) Serve as an information clearinghouse for energy feedstock production activities;
(3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial energy generating potential;
(4) Actively seek federal funding for energy feedstock production activities;
(5) Undertake activities required to develop and expand the energy feedstock production industry; and
(6) Perform other functions and activities as may be assigned by law, including monitoring the compliance provisions under section 205-4.5(a)(16).
(b) The chairperson of the board of agriculture and biosecurity shall consult and coordinate with the chief energy officer of the Hawaii state energy office under chapter 196 to establish milestones and objectives for the production of energy feedstock that is grown in the State. The chairperson and the chief energy officer of the Hawaii state energy office shall report the State's progress toward meeting such milestones and objectives annually to the legislature.
(c) The chairperson of the board of agriculture and biosecurity shall also consult and coordinate with research programs and activities at the University of Hawaii that will assist in the further growth and promotion of the energy feedstock production industry in Hawaii.
(d) The chairperson of the board of agriculture and biosecurity may employ temporary staff exempt from chapters 76 and 89. The board may adopt rules pursuant to chapter 91 to effectuate the purposes of this section.
[L 2007, c 159, §5; am L 2012, c 329, §2; am L 2019, c 122, §3; am L 2025, c 236, §§17, 18]
[Repealed]
[L Sp 2021, c 9, §8]
[Repealed]
[L 2021, c 175, §3]
(a)There is established within the department of agriculture and biosecurity an agricultural food safety certification program. The program shall:
(1) Develop and implement a certification system that shall at a minimum comply with the requirements of the FDA Food Safety Modernization Act;
(2) Support the agricultural industry and assist farmers and ranchers subject to the requirements of the FDA Food Safety Modernization Act by developing and implementing a food safety certification program that will concurrently satisfy the requirements of the department of agriculture and biosecurity and the FDA Food Safety Modernization Act;
(3) Conduct research into alternative, less burdensome methods by which Hawaii's farmers and ranchers can satisfy the requirements of the FDA Food Safety Modernization Act;
(4) Establish an education program, including online classes, that addresses compliance with state and federal food safety requirements for farmers and ranchers;
(5) Serve as an information clearinghouse for all matters related to the FDA Food Safety Modernization Act and any other food safety laws; and
(6) Undertake activities to improve and sustain the safety of agricultural foods and other functions as may be assigned by law.
(b) The chairperson of the board of agriculture and biosecurity may employ:
(1) One program manager and one specialist, who are qualified to apply the provisions and requirements of the FDA Food Safety Modernization Act to the program; and
(2) One clerical staff person.
(c) For purposes of this section, "agricultural food" includes food that is applicable to farmers and ranchers under the FDA Food Safety Modernization Act.
[L 2016, c 106, §1; am L 2025, c 236, §§17, 18]
(a) There is established in the department of agriculture and biosecurity a grant program to assist farmers and ranchers in meeting the costs, including audit costs and other expenses, of complying with the federal Food Safety Modernization Act, United States Food and Drug Administration regulations, and state food safety laws.
(b) The program shall provide grants to qualified applicants with the following terms and conditions:
(1) No grants shall be given unless money has been spent by the applicant toward complying with the federal Food Safety Modernization Act, United States Food and Drug Administration regulations, or state food safety laws;
(2) The total amount of a grant to any one applicant shall not exceed $5,000; and
(3) No grant shall be given for costs that were incurred more than five years prior to the time the application for the grant is received by the department.
(c) The department shall adopt rules to carry out the purposes of the grant program. The grant applications shall be reviewed and approved by an administrative staff member of the department.
[L 2017, c 183, §1; am L 2018, c 57, §1; am L 2025, c 236, §17]
(a) There is established a Hawaii healthy food incentive program for beneficiaries of the supplemental nutrition assistance program, to be developed and administered by the department of agriculture and biosecurity.
(b) Participants in the Hawaii healthy food incentive program who are beneficiaries of the supplemental nutrition assistance program shall receive a dollar-for-dollar match to be used exclusively for the purchase of Hawaii-grown fresh fruits and vegetables, or healthy proteins that are eligible for supplemental nutrition assistance as determined by the program, at a farmers' market, farm stand, mobile market, community-supported agriculture site, grocery store, or other direct food retailer that participates in the supplemental nutrition assistance program.
(c) The department of agriculture and biosecurity may consult and cooperate with private organizations to develop and implement rules to administer the Hawaii healthy food incentive program.
(d) For the purposes of this section, "farmers' market" shall have the same meaning as in section 205-2(d)(15)(D).
[L 2019, c 153, §2; am L 2021, c 177, §2; am L 2025, c 236, §17]
(a) There is created in the state treasury a special fund to be designated as the industrial hemp special fund to be administered by the department of agriculture and biosecurity. Moneys deposited in this special fund shall be used to fulfill the purposes of this part and shall include:
(1) Any moneys appropriated by the legislature to the special fund;
(2) Any fees collected by the department of agriculture and biosecurity in relation to the industrial hemp pilot program; and
(3) The interest or return on investments earned from moneys in the special fund.
(b) The department of agriculture and biosecurity may use the moneys in the special fund to carry out the purposes of this part, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this part.
[L 2018, c 59, §2; am L 2025, c 236, §17]
(a) There is established the farmer apprentice mentoring program, to be administered by the department of agriculture and biosecurity to support farmer mentors in training apprentices.
(b) Subject to the availability of funding, the department of agriculture and biosecurity may enter into contracts with qualified farmer mentorship providers on a first-come, first-served basis, and in accordance with section 103D-304, to effectuate the purposes of this section.
(c) A qualified farmer mentorship provider that provides services pursuant to this section shall make available for inspection and examination by the department of agriculture and biosecurity during regular business hours all relevant training and mentoring materials, sites, and facilities.
(d) The department of agriculture and biosecurity shall submit a report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include, at a minimum:
(1) The number of farmer apprentices enrolled in the farmer apprentice mentoring program during the preceding year;
(2) A listing of each qualified farmer mentorship provider;
(3) An assessment of the ability of farmer mentorship providers participating in the program to complete any program objectives and work tasks identified by the department of agriculture and biosecurity; and
(4) An evaluation of the results achieved by the program, to be written, to the extent possible, in measurable and quantifiable terms.
[L 2022, c 304, §2; am L 2023, c 17, §3; am L 2025, c 236, §17]
(a) There is established within the department a compost reimbursement program to provide cost reimbursements to farming operations and landscaping operations in the State for the purchase of compost.
(b) The compost reimbursement program shall assist farming operations and landscaping operations in meeting the costs of purchasing compost from a certified processor, dealer, retailer, or wholesaler licensed to do business in the State.
(c) Applications for cost reimbursements shall be submitted on a form furnished by the department and shall be filed with accompanying documentation of the costs of purchasing compost pursuant to subsection (d); provided that:
(1) The applicant shall indemnify and hold harmless the State and its officers, agents, and employees from all claims arising out of or resulting from the compost purchased; and
(2) The department may request an applicant to provide necessary information for the purposes of verifying the size or sale weight, as applicable, and amount of compost purchased.
(d) Documentation of compost costs requested by the department shall be filed for compost purchased within the fiscal year immediately preceding the filing.
(e) Funds shall be disbursed upon approval on an annual basis by the department to the farming operation or landscaping operation for up to fifty per cent of the costs incurred for the purchase of the compost.
(f) The department shall aggregate the total reimbursement applications pursuant to this section and shall divide and distribute the available funds on a first-come, first-served basis; provided that no single farming operation or landscaping operation shall receive a reimbursement totaling more than $50,000 per year.
(g) The compost reimbursement program shall be overseen by a compost reimbursement program manager, which shall be a full-time, permanent position exempt from chapters 76 and 89. The compost reimbursement program manager shall possess a requisite level of knowledge and expertise in the area of program management necessary to carry out the duties of the position.
The compost reimbursement program manager shall:
(1) Facilitate the division and distribution of available funds for reimbursement; and
(2) Manage the day-to-day coordination of the compost reimbursement program.
(h) Any action taken by the department pursuant to this section shall be exempt from the rulemaking requirements of section 91-3.
(i) The department shall submit an annual progress report on the compost reimbursement program to the legislature no later than twenty days prior to the convening of each regular session.
(j) As used in this section:
"Compost" means the product of a composting process, including the receipt of materials, primary processing, decomposition activities, and final processing for sale and marketing, in which organic materials are biologically decomposed under controlled conditions to produce a stable, humus-like mulch or soil amendment.
"Department" means the department of agriculture and biosecurity.
"Farming operation" has the same meaning as in section 165-2.
"Landscaping operation" means a landscaping contractor licensed under chapter 444.
"Organic materials" includes pre- and post-consumer food waste, waste from animal food processing operations, green waste, crop residues, and waste from vegetable food processing operations and similar materials.
[L 2022, c 302, §2; am L 2025, c 236, §17]
(a) Notwithstanding any other law to the contrary, fine meshed nets may be used for the protection of plants against invasive species, as determined by the department of agriculture and biosecurity; provided that the fine meshed nets shall be applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals, including but not limited to pollinators, ladybugs or lady beetles, and net-winged insects.
(b) The department of agriculture and biosecurity shall adopt rules in accordance with chapter 91 to implement this section, including but not limited to establishing requirements related to filament diameter, color, and the inclusion of visual cues to prevent non-targeted entanglement and prohibiting the use of mist net material that is used for bird work.
[L 2024, c 184, §2; am L 2025, c 236, §17]
(a) The department of agriculture and biosecurity:
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No person shall distribute within the State any plant care component that originated outside the State, unless:
(1) The plant care component was subject to a treatment before entering the State; or
(2) The plant care component has been treated immediately after arriving in the State, as certified by the department of agriculture and biosecurity.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture and biosecurity that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment.
(d) Any person who violates any provision of this section or rules adopted under this section may be assessed an administrative penalty by the board of not more than $10,000 for each offense. No administrative penalty shall be assessed unless the person charged has been given notice and an opportunity for a hearing on the specific charge. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation.
(e) In case of inability to collect the administrative penalty or failure of any person to pay all or a portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid.
(f) When construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.
(g) For the purposes of this section:
"Board" means board of agriculture and biosecurity.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means an individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or "component" means any quantity of wood chips or compost that is used in the propagation of plants or in a filter sock.
"Treat" or "treatment" means fumigation or heat treatment.
[L 2024, c 197, §1; am L 2025, c 236, §38]
L 2020, c 14, §6.
[See Note at part heading.] (a) It shall be legal for an individual or entity to produce hemp, as defined in title 7 United States Code section 1639o, if that individual or entity has a license to produce hemp, issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q; provided that:
(1) Hemp shall not be grown within three hundred feet of pre-existing real property comprising a playground, childcare facility, or school; provided that this restriction shall not apply to an individual or entity licensed to grow hemp in those areas under the state industrial hemp pilot program before August 27, 2020;
(2) Hemp shall not be grown within one hundred feet of any pre-existing house, dwelling unit, residential apartment, or other residential structure that is not owned or controlled by the license holder; provided that this restriction shall not apply to an individual or entity licensed to grow hemp in those areas under the state industrial hemp pilot program before August 27, 2020; and
(3) Hemp shall not be grown in any house, dwelling unit, residential apartment, or other residential structure, unless that structure is part of a United States Department of Agriculture area.
(b) An individual or entity licensed to produce hemp pursuant to subsection (a) may transport hemp within the State to a facility authorized by law to process hemp or to another licensed producer's grow area; provided that the transportation has been reported to the department of agriculture and biosecurity. The department of agriculture and biosecurity may require movement reports that include copies of the United States Department of Agriculture test results for the hemp to be transported and may deny authorization if the hemp is found to not comply with any law or regulation.
(c) Any individual or entity who grows hemp without a United States Department of Agriculture license shall be fined not more than $10,000 for each separate offense. Any notice of violation of this section may be accompanied by a cease and desist order, the violation of which constitutes a further violation of this section. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action.
(d) For any judicial proceeding to recover an administrative penalty imposed by order or to enforce a cease and desist order against an unlicensed hemp producer, the department may petition any court of appropriate jurisdiction and need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing has expired without such a request;
(3) The administrative penalty was imposed on the individual or entity producing hemp; and
(4) The penalty remains unpaid or the individual or entity continues to produce hemp.
(e) An individual or entity licensed by the United States Department of Agriculture to produce hemp in Hawaii may sell hemp biomass.
(f) In addition to all other labeling requirements, the identity statement used for labeling or advertising hemp products shall identify the percentage of Hawaii-grown hemp in hemp products; provided that any hemp product containing hemp not grown or processed in Hawaii shall identify the origin and percentage of the hemp from outside Hawaii in the hemp product; provided further that if the hemp product contains hemp from multiple origins, the hemp product shall identify the percentage of hemp origin as "United States" or "Foreign" if the hemp product includes hemp from a source outside of the United States.
(g) A hemp producer licensed by the United States Department of Agriculture to grow hemp shall follow all inspection and sampling rules and protocols established by the United States Department of Agriculture. The State shall not require other inspections or sampling. The State shall not issue notices of violations or impose penalties upon any hemp producer licensed by the United States Department of Agriculture; provided that the licensee complies with all of the requirements imposed by the United States Department of Agriculture. The State shall impose no penalty with respect to the production of hemp, except penalties for growing hemp without a license issued by the United States Department of Agriculture.
(h) As used in this section, "hemp biomass" means the stalks of hemp plants.
[L 2020, c 14, pt of §3, §9; am L 2022, c 137, §2; am L 2023, c 263, §3; am L 2025, c 236, §4]
§141-43 Rulemaking authority. [See Note at part heading.] (a) The department of agriculture and biosecurity shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part, including any rules necessary to address any nuisance issues, including smell, noise, and excessive lighting arising out of the activities of hemp growers licensed under the State's industrial hemp pilot program who grow hemp within areas prohibited under section 141-42(a)(1) and (2).
(b) No later than September 30, 2020, the department of agriculture and biosecurity shall adopt interim rules, which shall be exempt from chapters 91 and 201M to effectuate the purposes of this part; provided that the interim rules shall remain in effect through June 30, 2022, or until rules are adopted pursuant to subsection (a), whichever occurs sooner.
[L 2020, c 14, pt of §3, §9; am L 2022, c 137, §2; am L 2023, c 263, §4; am L 2025, c 236, §17]
As used in this part:
"Aquaculture" means any form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not include species of ornamental marine or freshwater plants and animals that are not utilized for human consumption or bait purposes and that are maintained in closed systems for personal, pet industry, or hobby purposes.
"Chairperson" means the chairperson of the board of agriculture and biosecurity.
"Department" means the department of agriculture and biosecurity.
"Indigenous species" means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans.
"Person" means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.
[L 2022, c 134, pt of §2; am L 2025, c 236, §§17, 18]
(a) There is established within the department an aquaculture program that shall:
(1) Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;
(2) Serve as an information clearinghouse for aquaculture activities;
(3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential;
(4) Actively seek federal funding for aquaculture activities;
(5) Undertake activities required to develop and expand the aquaculture industry; and
(6) Perform other functions and activities that may be assigned by law.
(b) The chairperson may employ temporary staff exempt from chapter 76 for the aquaculture program.
[L 2022, c 134, pt of §2]
The department of agriculture and biosecurity may establish and assess fees pursuant to chapter 91 for:
(1) Aquatic animal and plant health diagnostic services; and
(2) Any items or expert services purchased from the department related to aquaculture planning, aquaculture disease management, and the marketing of seafood products;
provided that the assessment of these fees does not violate any provisions of this chapter.
[L 2022, c 134, pt of §2; am L 2025, c 236, §17]
(a) There is established in the state treasury the aquaculture development special fund into which shall be deposited:
(1) Appropriations from the legislature;
(2) Moneys collected as fees for special microbiological and histological procedures and expert aquaculture-related services;
(3) Moneys collected from the sale of any item related to aquaculture development that is purchased from the department;
(4) Moneys directed to the aquaculture program from any other sources, including but not limited to grants, gifts, and awards; and
(5) Moneys derived from interest, dividend, or other income from the above sources.
(b) Moneys in the aquaculture development special fund shall be used to:
(1) Implement the aquatic disease management programs and activities of the department, including the provision of state funds to match federal grants; and
(2) Support research and development programs and activities relating to the expansion of the state aquaculture industry. Research and development programs and activities funded under this paragraph may be conducted by department personnel or through contracts with the University of Hawaii or other qualified persons.
[L 2022, c 134, pt of §2]
(a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to the harvesting, processing, and marketing of cultured aquatic life.
(b) Except as provided in this part, the business of aquaculture processing, distribution, and marketing shall be administered by the chairperson.
(c) The chairperson may enter into an agreement with the chairperson of the board of land and natural resources for the resolution of any conflict regarding jurisdiction that arises under this part.
(d) Any costs incurred by the department in implementing this part shall be recovered pursuant to this part.
[L 2022, c 134, pt of §2]
The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of the person who cultured them or that person's successor in interest.
[L 2022, c 134, pt of §2]
(a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section.
(b) The department may determine that aquaculture products shall be accompanied by a document containing any of the following information:
(1) The name, address, and registration number of the aquaculture producer;
(2) The species;
(3) The weight, volume, or count within the container;
(4) The date of the shipment; and
(5) The name and address of the intended receiver.
(c) The department may require that certain aquaculture products be additionally identified as having been produced by aquaculture.
[L 2022, c 134, pt of §2]
(a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met:
(1) Funds are appropriated to the department for this purpose; and
(2) Matching funds are provided by the aquaculture industry.
(b) For purposes of this section, "matching funds" includes but is not limited to any funds expended by the aquaculture industry before January 1, 2022, for the preparation of a programmatic environmental impact report.
[L 2022, c 134, pt of §2]
The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part.
[L 2022, c 134, pt of §2]
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