HAR §4-71A-25. Unlisted microorganisms

(a) The introduction into Hawaii and possession of a microorganism not on any of the lists of microorganisms included in this chapter may be allowed based on the department’s determination of the level of risk presented by the microorganism requested for import and its proposed use as provided below. (b) An unlisted microorganism that is determined by the department to be a low risk microorganism may be allowed import by a letter of authorization issued by the chief without advisory committee review or board approval. (c) An unlisted microorganism that is determined by the department to be a moderate risk microorganism may be allowed import by special permit approved by: (1) The chief without advisory committee or board approval, provided that the microorganism is for laboratory studies, diagnostics, and analyses, excluding manufacture or production; plant or soil inoculation studies in the laboratory or growth chamber; or cultivation of algal, cyanobacterial and photosynthetic bacterial species in a closed or semi-closed system such as photobioreactor; provided the importer can comply with permit conditions in section 4-71A-27, and if applicable, section 4-71A-28; or (2) The board, with advisory committee review, 71A-24 §4-71A-26 if the microorganism is for purposes other than those listed in subsection (c)(1), provided that, the importer can comply with permit conditions established by the board. (d) An unlisted microorganism that is determined by the department to be a high risk microorganism may be allowed import by special permit approved by the board, with advisory committee review, for purposes approved by the board, provided that the importer is able to comply with permit conditions established by the board. (e) An unlisted microorganism imported by special permit shall be subject to the import, inspection, and standard permit requirements of subchapter 1 of this chapter. (f) An unlisted microorganism allowed for import will be subsequently proposed for listing on the appropriate list of microorganisms based on the department’s determination of the level of risk presented by the microorganism. (g) A special permit issued under this section is subject to permit conditions established as provided in this section and in subchapter 3. [Eff. 11/30/01] (Auth: HRS §§150A-9, 150A-6.3) (Imp: HRS §150A-6.3) SUBCHAPTER 3 PERMIT CONDITIONS