HAR §4-72-4. Prohibited transportations

(a) Except as provided in subsection (c), the interisland transportation of plants, propagative plant parts, or soil that is not inspected pursuant to section 3, is prohibited. (b) Pest host material that is infested or infected with an insect, disease, or pest, or that is itself a pest shall not be transported between the islands or from one part or locality of any island to another part or locality of the same island unless it has been subjected to an appropriate treatment, as approved by the chief. Appropriate treatment may include, but is not limited to, pesticide or fumigation treatment. The chief may, however, authorize the transportation of an untreated infested or infected pest host material to an island or location where the insect, disease, or pest is known to be established. (c) Notwithstanding subsections (a) and (b) and section 3, plants, plant parts, soil, or pest host material infested or infected with an insect, disease, or pest may be transported without inspection between islands or between parts or localities of the same island: (1) For diagnostics, research, testing, or educational purposes by the department; or (2) Pursuant to a permit approved by the chief and issued to an institution approved by the board, a government agency, or a university for diagnostics, research, testing, or educational purposes at a site inspected and approved by the chief prior to movement. [Eff 7/13/81; am and comp 9/19/91; am and comp 72-5 3578 §4-72-5 2/24/12; am and comp JAN 20 2025 ] (Auth: HRS §§141-2, 150A-9) (Imp: HRS §§141-2, 150A-8) ### §4-72-5 Prohibition on movement of infested material. (a) The chief may prohibit the movement of any pest host material that is offered for sale, for barter, or by donation or otherwise to be given away to the public if the chief determines that the pest host material is infested or infected with an insect, disease, or pest. The chief may compel treatment or destruction of the material per subsection (b). If such material was or is stored in an area that is infested or infected with an insect, disease, or pest, then the chief may require appropriate treatment of the area prior to authorizing the movement of the material. (b) An item subject to the prohibition in subsection (a) shall be: (1) Subjected to a treatment to eradicate the insect, disease, or pest, as approved and supervised by the chief; (2) Destroyed using a method approved and supervised by the chief; or (3) If not treated or destroyed under paragraphs (1) or (2), then: (A) Transported only pursuant to a permit issued by the chief; or (B) Subject to any other disposition approved by the chief, including authorizing the transportation of untreated infested or infected pest host material or an insect, disease, or pest to an island or location where the target insect, disease, or pest is known to be established. [Eff and comp JAN 20 2025] (Auth: HRS §§141-2, 150A-9) (Imp: HRS §§141-2, 150A-8) 72-6 3578