Proposed Administrative Rules

October 24, 2018

The Hawaii Department of Agriculture is currently considering proposed changes to the Administrative Rules regarding Chapter 4-70, Hawaii Administrative Rules, Entitled, “Plants and Non-Domestic Animal Quarantine, Plant Import Rules,” to Add a New Subchapter to Restrict the Importation of Myrtaceae (Myrtle Family) Plants and Plant Parts to Prevent the Introduction of New Strains of ‘Ohi’a rust, Puccinia psidii, a Plant Pathogen.

To view the proposed rule changes, click here.

Public hearings statewide will be scheduled in the near future. 

For information on this rule change, contact the Plant Quarantine Branch at (808) 832-0566.

 * * * * * * * * * * * 

September 27, 2018

NOTICE OF PUBLIC HEARING HAWAII DEPARTMENT OF AGRICULTURE PROPOSED AMENDMENTS TO ADMINISTRATIVE RULES RELATING TO PESTICIDES

NOTICE IS HEREBY GIVEN that the Department of Agriculture pursuant to Chapter 91 Hawaii Revised Statutes (HRS) will hold public hearings as follows:

Thursday, November 1, 2018, 2 p.m. to 4 p.m.
Department of Agriculture Conference Room
635 Mua Street, Kahului, HI 96732

Friday, November 2, 2018, 5 p.m. to 7 p.m.
Plant Quarantine Conference Room
1849 Auiki Street, Honolulu, HI 96819

Monday, November 5, 2018, 2 p.m. to 4 p.m.
Department of Agriculture Conference Room
4398A Pua Loke Street, Lihue, HI 96766

Wednesday, November 7, 2018, 9 to 11 a.m.
Department of Agriculture Conference Room
16 E. Lanikaula Street, Hilo, HI 96720

Wednesday, November 7, 2018 3 p.m. to 5 p.m.
Hale Iako Building – Natural Energy Lab. of HI Auth.
73-790 Makako Bay Drive, Kailua-Kona, HI 96740

Thursday, November 8, 2018, 10 a.m. to 12 p.m.
Kulana Oiwi – DHHL/OHA Conference Room
600 Maunaloa Highway, Kaunakakai, HI 96748

The purpose of the public hearings is to receive testimony regarding proposed amendments to Hawaii Administrative Rules Section 4-66 to conform to changes in Federal law by adopting the labeling requirements established in part 156 of Title 40, Code of Federal Regulations (CFR) (2017), the Worker Protection Standards in 40 CFR part 170 (2017), and the pesticide applicator education, training, and certification standards in 40 CFR part 171 (2018).  The definitions section was amended to aid in rule interpretation; the list of State restricted use pesticides was removed from the rules to allow for the efficient addition or removal of high risk pesticides from the list; procedures were established for maintaining the State restricted use pesticide list external to the rules; a new section was added to address aerial pesticide applications; increased oversight of experimental use permittees was added; requirements for restricted use pesticide reporting and use within buffer zones to comply with Act 045, Session Laws of Hawai‘i 2018 were adopted; the penalties section reiterates the sanctions available in HRS chapter 149A; fees were increased to a level commensurate with other states; and, nonsubstantive changes were made to comply with the Administrative Rules Drafting Manual (2016). The proposed rules are available for review in person at the following Department of Agriculture offices during regular business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday, from September 28, 2018 to November 19, 2018.

Honolulu – 1428 S. King St., Honolulu, HI 96814 Phone – 973-9560
Hilo – 16 E. Lanikaula St., Hilo, HI 96720 Phone – 974-4142
Maui – 635 Mua St., Kahului, HI 96732 Phone – 873-3556
Kauai – 4398A Pua Loke St., Lihue, HI 96766 Phone – 241-7134

Copies of the proposed rules may also be obtained at the above offices by paying a fee for photocopying or sent by mail upon payment of a fee for photocopying and postage. Copies may also be reviewed or downloaded at the Department of Agriculture website at http://hdoa.hawaii.gov/meetingsreports/proposedadministrativerules/ or at the website of the lieutenant governor.

All interested persons may attend the public hearings and submit comments orally or in writing. Written testimony may be submitted prior to the hearing via postal mail to the Pesticides Branch, Department of Agriculture, 1428 S. King St., Honolulu, HI 96814, or via fax at (808) 973-9418, or email HDOA.PB@hawaii.gov until close of business, November 8, 2018. Please include the word “testimony” in the subject line. If possible, submit 5 written copies of the testimony prior to the hearing.

Persons requiring special accommodations at the hearing may call the Department of Agriculture at (808) 973-9579. Accommodation requests must be received at least 5 working days prior to the hearing.

To view and download the proposed rule changes (Revised 10/29/2018), click here.

To download this public hearing notice, click here.

To view and download Act 45, click here.

 

September 19, 2018

The Hawaii Department of Agriculture is currently considering proposed changes to the Administrative Rules regarding Chapter 4-71, Hawaii Administrative Rules, entitled “Plant and Non-Domestic Animal Quarantine Non-Domestic Animal Import Rules,” to prohibit the importation of “dangerous wild animals” for short-term exhibition and performances in circus, carnivals, and fairs in Hawaii.

To view the proposed rule changes to AR-4-71RA, click here
To view the proposed rule changes to AR-4-71RB, click here

To view the highlighted Ramseyer version, click here.

For information on this proposed rule change, contact the Plant Quarantine Branch at (808) 832-0566.

August 1, 2018

NOTICE OF PUBLIC HEARING DEPARTMENT OF AGRICULTURE PROPOSED ADMINISTRATIVE RULES RELATING TO PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION

Notice is hereby given that the Department of Agriculture pursuant to Chapter 91 Hawaii Revised Statutes will hold public hearings as follows:

  • September 14, 2018 – 9:00 a.m.
    West Hawaii Civic Center, Liquor Control Conference Room
    74-5044 Ane Keohokalole Highway
    Kailua-Kona, HI 96740
  • September 17, 2018 – 9:00 a.m.
    Department of Agriculture Conference Room
    4398A Pua Loke Street
    Lihue, HI 96766
  • September 19, 2018 – 9:00 a.m.
    Department of Agriculture Conference Room
    16E Lanikaula Street
    Hilo, HI 96720
  • September 21, 2018 – 9:00 a.m.
    Department of Agriculture Conference Room
    635 Mua Street
    Kahului, HI 96732
  • September 24, 2018 – 9:00 a.m.
    Quality Assurance Division Conference Room
    1851 Auiki Street
    Honolulu, HI 96819

The purpose of the public hearings is to receive testimony related to the repeal of Title 4, Subtitle 7, Chapter 86, entitled “Brake Fluids, Coolants, Petroleum Products, and After-Market Additives,” and the adoption of proposed Title 4, Subtitle 7, Chapter 186, entitled “Petroleum Products Accounting and Inspection”. The proposed rules are summarized below:

1. Definitions. 2. Incorporation of the National Institute of Standards and Technology Handbook 44 and Handbook 130, 2018 Edition. 3. Requires substantiation of special additive claims. 4. Requires product compliance with advertising or labeled claims. 5. Prohibits misrepresentations. 6. Provides specifications for petroleum products. 7. Provides specifications for brake fluid. 8. Provides specifications for antifreeze coolants and automotive coolants. 9. Provides specifications for lubricants. 10. Provides that petroleum products shall be in accord with the appropriate Hawaii standard petroleum measurement table. The proposed rules are available for review in person at the following Department of Agriculture offices during business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday from September 3, 2018 to September 13, 2018.

Honolulu 1851 Auiki Street, Honolulu, HI 96819 Phone – 832-0700 Hilo 75 Aupuni Street, Hilo, HI 96720 Phone – 974-6514 Kona 82-6130 Mamalahoa Hwy., Captain Cook, HI Phone – 323-7590 Maui 635 Mua Street, Kahului, HI 96732 Phone – 873-3554 Kauai 4398A Pua Loke St., Lihue, HI 96766 Phone – 241-7133

Copies of the proposed rules may also be obtained at the above offices by paying a fee charge for photocopying or sent by mail upon receipt of a fee charge for photocopying and postage. Copies may
also be reviewed or downloaded at the Department of Agriculture website at hdoa.hawaii.gov/meetingsreports.

All interested persons may attend the public hearings and submit comments orally or in writing. Written testimony may be submitted prior to the hearing via postal mail to the Quality Assurance Division, Department of Agriculture, 1428 S. King St., Honolulu, HI 96814, or via fax at (808) 832-0683, or email at HDOA.QAD@hawaii.gov until September 24,2018. Please include the word “testimony” and the subject matter. If possible, submit 5 written copies of the testimony prior to the hearing.

Persons requiring special accommodations at the hearing may call the Department of Agriculture at (808) 832-0703 at least 4 working days prior to the hearing.

To download the proposed rule changes, click here.

To download a copy of this notice, click here.

*************************************

For information on the Hawaii Department of Agriculture, write to:

Hawaii Department of Agriculture Office of the Chairperson 1428 South King Street Honolulu, HI 96814-2512

Phone: (808) 973-9560 E-mail: HDOA