Proposed Administrative Rules

February 28, 2018

NOTICE OF PUBLIC HEARING

Proposed Amendments to Administrative Rules for Rabies Quarantine Program

Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the Hawaii Department of Agriculture (Department) will hold public hearings to receive testimony on proposed amendments to chapter 4-29, Hawaii Administrative Rules, entitled “Dogs, Cats, and Other Carnivores.”

Chapter 4-29, HAR is being amended to:

(1) Change definitions by: (a) simplifying the definitions “Animals”, Board”, Chairperson”, “Department”, “Groomer” and “Guest”; (b) amending “Airport Animal Quarantine Holding Facility”, “Service Dog” and “User”; (c) adding the definitions “Current”, “Eligibility Date”, “Eligible Date”, “Qualification Date”, “Safeguard”, “Service Animal” and “Veterinary Hospital”; (d) clarifying “designated address”;

(2) Clarify “Oahu”;

(3) Clarify procedures for carriers;

(4) Clarify “islands” concerning transiting private and commercial vessel responsibility;

(5) Reduce the minimum time required: (a) from the most recently administered rabies vaccine before arrival from 90 days to 30 days; (b) from a successful OIE-RVA test before arrival in Hawaii from 120 to 30 days;

(6) Require only the current rabies vaccination’s product name, booster interval, and date of vaccination be listed on the health certificate;

(7) Require owners to register their pet’s microchip number with the local county humane society or local animal welfare organization;

(8) Simplify a term from “early release” to “release”;

(9) Add a new subsection to establish requirements for the importation of cloned animals derived from a pet donor originating in Hawaii;

(10) Clarify Guam as a “US territory” and replace “Hawaii” with “those of the state”;

(11) Clarify, as pertaining to the State animal quarantine station: (a) movement of animals; (b) authority of the Animal Industry Division Administrator; (c) denying entrance into quarantine stations; and (d) the authority of station veterinarians to refer an animal to a veterinary facility for diagnostics and treatment not available at the station with or without owner authorization when in the best interest of the animal;

(12) Reduce the time period when an animal is considered abandoned in quarantine;

(13) Change fees in Section 4-29-17 for five-day or less quarantine, direct airport release; neighbor island inspection permit and re-entry;

(14) Repeal section 4-29-15 relating to use of an “apartment” on the Animal Quarantine Station that is not serviceable as a dwelling;

(15) Change “service dog” to “service animal” to reflect current Federal ADA language in Sections 4-29-15.1, 4-29-20, 4-29-21, 4-29-22, 4-29-23, 4-29-24 and 4-29-26, HAR; and

(16) Other minor changes proposed throughout the Chapter to correct grammar, punctuation and clarification.

The schedule of public hearings on the proposed rules is as follows:

April 2, 2018, at 10:00 a.m.
Department of Agriculture Conference Room
4398A Pua Loke Street, Lihue, Kauai

April 3, 2018, at 10:00 a.m.
Department of Agriculture, Plant Quarantine Conference Room
1849 Auiki Street, Honolulu, Oahu

April 4, 2018, at 10:00 a.m.
Department of Agriculture Conference Room
635 Mua Street, Kahului, Maui

April 5, 2018, at 10:00 a.m.
Kona Civic Center Conference Room
82-6130 Mamalahoa Hwy., Bldg. 2
Capt. Cook, Hawaii

April 6, 2018, at 10:00 a.m.
State Office Building, Conference Room C
75 Aupuni Street, Hilo, Hawaii

All interested parties are urged to attend the hearings and submit comments or testimony orally or in writing.  Copies of the proposed rules may be reviewed by accessing the Department’s website by clicking here or in person, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the following Department of Agriculture offices:

Oahu

99‑941 Halawa Valley Street, Aiea, HI  96701 (Phone ‑‑ 483‑7100)
99‑951 Halawa Valley Street, Aiea, HI  96701 (Phone ‑‑ 483‑7151)
1428 South King Street, Honolulu, HI  96814 (Phone ‑‑ 483‑7100)

Kauai               4398A Pua Loke Street, Lihue, HI  96766 (Phone – 274-3069)

Maui                635 Mua Street, Kahului, HI  96732 (Phone – 873-3555)

Hawaii 

75 Aupuni Street, Hilo, HI  96720 (Phone ‑‑ 974‑6500)
Kona Civic Center, Rm. 3, 82-6130 Mamalahoa Hwy., Capt Cook, HI 96704 (Phone – 974-6500)

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 to any person who requests a copy upon receipt of a fee for photocopying and postage.  Requests for mailed copies of proposed rules should be sent in writing to Division of Animal Industry, 99-941 Halawa Valley Street, Aiea, Hawaii 96701 or by calling (808) 483 -7100.

The Department of Agriculture will also accept written testimony until April 13, 2018 at the Department of Agriculture, 1428 South King St., Honolulu, HI 96814‑2512 or via e-mail to HDOA.BOARD.TESTIMONY@HAWAII.GOV

Special accommodations, such as sign language interpretation, large printing, taped materials, and accessible parking, can be provided if requested at least seven (7) business days prior to the scheduled hearing.  This request may be made in writing to one of the addresses listed above or by calling (808) 483-7100.

To download a copy of this hearing notice, click here.

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January 17, 2018 (Updated February 21, 2018)

The Hawaii Department of Agriculture is currently considering the adoption of the following proposed rule amendments:

Title 4 Chapter 66 – Pesticides (Summary of proposed rule amendments)

Memo to the Board on Rule Amendment (Feb. 21, 2018)

Proposed Rule Amendments 4-66

Title 4, Chapter 162 – Summary of Food Safety Certification Costs Grant Program

Proposed Rule 4-162

Title 4, Chapter 186 – Summary of Brake Fluids, Coolants, petroleum Products, and After-Market Additives

Proposed Rule 4-186

List of Restricted Use Pesticides

The above mentioned proposed rule changes will be discussed at the Hawaii Board of Agriculture meeting on January 23, 2018.
To view the agenda and for information how to submit testimony, click here.

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April 6, 2017

The Hawaii Department of Agriculture is currently considering proposed adoption of new Administrative Rules regarding Chapter 4-161, Administrative Rules, entitled “Hawaii-Grown Industrial Hemp.”

The Hawaii Board of Agriculture discussed this proposed rule at its December 13, 2016 meeting.

To view the proposed rules, click here.

The public hearings schedule will be posted here soon.

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March 14, 2017

The Hawaii Department of Agriculture is currently considering proposed rule amendments to Chapter 66 of Title 4, Pesticides

To view the proposed rule amendments, click here.

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January 19, 2017

The Hawaii Department of Agriculture is currently considering proposed rule amendments to Chapter 143 of Title 4, Hawaii Administrative Rules, entitled “Standards for Coffee”

To view the proposed rule amendments, click here.

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September 13, 2016

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; and to change the import list placement of the Nile tilapia, Oreochromis niloticus and the House cricket, Acheta domesticus, from the List of Restricted Animals (Part A), to the List of Restricted Animals (Part B).

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

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

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

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

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

Public hearings regarding this rule change will be scheduled in the near future.

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

*****PUBLIC HEARINGS ON THIS MATTER HAVE BEEN SCHEDULED FOR MAY 1 – 5, 2017.
To view the public hearings schedule go to: https://hdoa.hawaii.gov/meetings-reports/public-notices/

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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.

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

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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