Proposed Administrative Rules

Updated June 7, 2019
(Originally posted 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.

View the proposed rule changes.

Public hearings have been scheduled statewide:

June 7, 2019

Notice of Public Hearing
HAWAII DEPARTMENT OF AGRICULTURE

Proposed Administrative Rule to Prohibit the Introduction of Myrtaceae (Myrtle) Family Plants and Plant Parts.

The Board of Agriculture has determined that the introduction of new strains of Ohia rust, Puccinia psidii, (a fungus), and other disease pathogens and insects not now established in Hawaii are a serious danger to Ohia and Ohia forests in Hawaii and to horticultural and agricultural industries.  In conjunction with existing rule section 4-70-1, Hawaii Administrative Rules (“HAR”), proposed rule section 4-70-55, HAR, gives notice that quarantine measures will be implemented to prohibit or restrict import of specific plants to minimize the risk of introduction of Ohia rust, Puccinia psidii.

Notice is hereby given pursuant to Chapter 91, Hawaii Revised Statutes (“HRS”), and section 141-2, HRS, that the Hawaii Department of Agriculture (“HDOA”) will hold public hearings to receive testimony on proposed amendments to Hawaii Administrative Rules, Title 4, Subtitle 6, Chapter 70:

Chapter 4-70 – “Plant and Non-Domestic Animal Quarantine Plant Import Rules”

The proposed amendment will add a permanent rule to maintain quarantine restrictions needed to prevent the spread of Ohia rust.  The reason for adding this rule subchapter is to restrict the importation of plants and plant parts in the Myrtle family (Myrtaceae) that host Puccinia psidii, commonly known as Ohia rust.  P. psidii, a notorious plant pathogen found on Myrtaceae, is a significant threat to Hawaii’s native forests, watersheds, and to horticultural and agricultural industries that involve Myrtaceae (Myrtle Family).  Myrtaceae includes a wide range of plants, including guava, eucalyptus, ohia, and plants used in the floral and garden industry.  The proposed amendment is needed to prevent the introduction of additional strains of Ohia rust that are more virulent than the single distinct strain present in Hawaii, in order to protect Hawaii’s native forests, particularly ohia.  Ohia, which comprises 80% of the native forests, is an ecologically, culturally, and economically significant plant species and is also critical for watershed stability and biodiversity.

The proposed rule authorizes the Plant Quarantine Branch (“PQB”) chief to approve treatments and mitigative measures as they are scientifically validated, and to revise permit conditions accordingly, as necessary to prevent the introduction and movement of the Ohia rust disease and to preserve the quarantine.  The proposed rule also authorizes HDOA to charge fees for costs incident to inspections or treatments conducted away from the port or PQB inspection office during regular working hours and for inspections and witnessing treatments that require overtime services of HDOA personnel.

The proposed rule describes conditions under which the regulated material or commodity may qualify for import into Hawaii.

The proposed rule authorizes the PQB chief, upon written request, to issue a permit allowing import of a limited quantity of plants in the Myrtaceae (Myrtle) family for propagation under the PQB’s supervision in a strictly enforced quarantine appropriate to contain P. psidii, and other pests, pursuant to existing chapter 4-70, HAR, rule sections regarding plants requiring quarantine.

The proposed rule’s quarantine restrictions apply to all individuals or entities that import Myrtaceae (Myrtle family) plants and plant parts into Hawaii except:

(1) dried non-living plant material; (2) seeds, with no other plant fragments, that have been surface-sterilized using treatments approved by the PQB chief; (3) tissue-cultured plants grown in sterile media and in a completely enclosed sterile glass flask or other similar container; or (4) by approved permit as provided in rule section 4-70-57, HAR.

The following is the schedule of public hearings:

July 15, 2019, 5:00 p.m. – 7:00 p.m.
Conference Room, Department of Agriculture
1849 Auiki Street
Honolulu, Hawaii 96819

July 16, 2019, 5:00 p.m. – 7:00 p.m.
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway
Kailua-Kona, Hawaii 96725

July 17, 2019, 5:00 p.m. – 7:00 p.m
Conference Room, Department of Agriculture
16E Lanikaula Street
Hilo, Hawaii 96720

July 18, 2019, 5:00 p.m. – 7:00 p.m.
Conference Room, Department of Agriculture
635 Mua Street 
Kahului, Hawaii 96732

July 19, 2019, 5:00 p.m. – 7:00 p.m.
Conference Room, Department of Agriculture
4398A Pua Loke Street
Lihue, Hawaii 96766

The proposed rule amendments may be reviewed in person at any of the following Department offices during normal business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday from June 03, 2019 to July 19, 2019:

Oahu-     1428 South King Street, Honolulu       Phone: 808-973-9600
Administrative Services Officer:          Phone: 808-973-9606
or 1849 Auiki Street, Honolulu:                 Phone: 808-832-0566

Hawaii-   16E Lanikaula Street, Hilo                    Phone: 808-974-4141
or 95 Akahana Street, Room 9, Hilo       Phone: 808-961-9393
or 73-302 Kupipi Street, Kailua-Kona      Phone: 808-326-1077

Kauai-      4398A Pua Loke Street., Lihue           Phone: 808-274-3071

Maui-       635 Mua Street, Kahului                       Phone: 808-873-3556

Molokai-  Molokai Irrigation Office                         Phone: 808-567-6891
801 Puupeehua Ave., Hoolehua

Copies of the proposed rules may also be obtained at the above offices by paying a fee for photocopying or may be sent by mail upon request by paying a fee for photocopying and postage. Copies may also be reviewed or downloaded at the Department’s website at: http://hdoa.hawaii.gov/meetings-reports/proposedar/

All interested persons may attend the public hearings and submit comments orally or in writing.  Those persons desiring to submit written testimony may do so via postal mail to the Plant Quarantine Branch c/o Department of Agriculture at 1428 So. King Street, Honolulu, HI 96814 or via FAX at (808) 832-0584 or via e-mail at Lance.S.Sakaino@hawaii.gov.  Please include the word “testimony” and the subject matter when submitting testimony by e-mail.  Those persons desiring to present oral testimony at the public hearing are asked to register with staff prior to the convening of the hearing. If possible, submit 5 written copies of the testimony to staff prior to the meeting.  Testimony will be accepted up to the close of the last public hearing.

The HDOA is committed to maintaining an environment free from discrimination, retaliation, or harassment on the basis of race, color, sex, sexual orientation, religion, national origin, age, or disability with respect to any employment, program or activity.  Should you feel you have been discriminated against under any HDOA program or activity receiving federal assistance, please contact the HDOA Title VI Coordinator. For information on how to file a complaint, go to: http://hdoa.hawaii.gov/blog/main/discriminationcomplaints/.

The HDOA Title VI Coordinator may be reached at 1428 S. King Street, Honolulu, HI 96814, (808) 973-9560 or via email at hdoa.info@hawaii.gov.  To request language or accessibility for HDOA programs or public meetings, please contact the Office of the Chairperson, at (808) 973-9560 or email: hdoa.info@hawaii.gov. Please allow sufficient time for HDOA to meet accommodation requests.

Phyllis Shimabukuro-Geiser
Chairperson, Board of Agriculture

Download a copy of the Public Hearing Notice.

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


Updated June 7, 2019
(originally posted 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.

View and download the current proposed rule changes (Revised 06/07/19)
View and download the original proposed rule changes (Revised 10/29/2018)

Download this public hearing notice.

View and download Act 45.

View download the Hearing Officer’s Report, including the oral and written testimonies.

View the agenda for the Hawaii Board of Agriculture meeting on Feb. 26, 2019.


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

HDOA is committed to maintaining an environment free from discrimination, retaliation, or harassment on the basis of race, color, sex, sexual orientation, religion, national origin, age, or disability with respect to any employment, program or activity.

Should you feel you have been discriminated against under any HDOA program or activity receiving federal assistance, please contact the HDOA Title VI Coordinator. For information on how to file a complaint, go to: http://hdoa.hawaii.gov/blog/main/discriminationcomplaints/. The HDOA Title VI Coordinator may be reached at 1428 S. King Street, Honolulu, HI 96814, (808) 973-9560 or via email at hdoa.info@hawaii.gov.

To request language or accessibility for HDOA programs or public meetings, please contact the Office of the Chairperson, at (808) 973-9560 or email: hdoa.info@hawaii.gov. Please allow sufficient time for HDOA to meet accommodation requests.

For more information on how to file a complaint or request language accessibility, go to the State of Hawaii Dept. of Human Resources Development at http://dhrd.hawaii.gov; and the Hawaii Civil Rights Commission at http://labor.hawaii.gov/hcrc

The State of Hawaii Accessibility Policy may be found at:  https://portal.ehawaii.gov/page/accessibility/