HAR §4-73-2. Definitions

As used in this chapter: "Branch" means the plant quarantine branch; "Burrowing nematode" ir means Radopholus simi1i.s; . Certified nursery" means a plant nursery authorized by the department to certify plants: "Certifyn means to indicate by an official printed certificate .or rubber stamp that the content of a sealed container is apparently free of burrowing nematode and/or other quarantine pests; ! §4-73-2 / "Chief" means chief of the plantquarantine branch; "Inspection office" means plant quarantine offices located at 701 Ilalo Street, Honolulu; 4398 Pua Loke Street, Lihue; 16E Lanikaula Street, Hilo; and 635 Mua Street, Kahului; . . "Office hours" means the period of hours from 7:45 a.m. to 4:30 p.mur monday to friday inclusive, except official state holidays; "Plant" means plant or plant parts thereof, including rooted or calloused bulbs and cuttings; "Quarantine pests" means any insect, disease agent, or other organisms causing or capable of causing injury or damage to any plant or parts thereof; and "Test" means to determine the presence or absence of a burrowing nematode by laboratory test. [Eff. J:gL 1 ?, 1981 1 (Auth: HRS SlSOA-9) (Imp: HRS §§lSOA-21, 15OA-22, 15OA-23) §4-73-3 'Export inspection and fumigation services. (al The department shall provide the following services: (1) Plant inspection and certification; (2) Plant and fruit fumigation; (3) Burrowing nematode testing; and (4) Nursery certification. (b) The respective locations for the inspectional and fumigation services shall be designated in subsequent sections of this chapter. The department may add, delete or change the designated locations when feasible. (cf Nothing in this chapter shall be construed as requiring the department to render the Lnspectlonal or certification services when and facilities are inadequate. ] (Auth: HRS §150A-9) (Imp: HR$ SSlSOA-21, 15OA-22, 15OA-23) §4-73-4 Plant inspection and certification. (a) Plant inspection and certification services sh$ll be conducted at the inspection offices on Hawaii, Raual, rs. -- , . .-m.A.tL L- Maui and Oahu during office hou (b) A plant or plant material shall be Drougnz T;U the inspection office with a container in which the material can be completely enclosed. The container shall also be suitable for sealing with gummed 'tape. (c)* An inspection shall be conducted in accordance with the import rule of the domestic state or foreign Country of destination. (d) A,plant or plant material may be required to be fumigated, treated with pesticide, washed free of soil or tested for burrowing nematodes as mandated by appli- cable rule. ‘!. 73-2 tifjed of the (e) A plant or plant material shall not be cer- until it has been determined that the requirement applicable rule has been met. (f) A plant or plant material to be certified shall __ be packed, sealed and stamped at the inspection office. . When required, an appropriate federal or state phyto- sanitary certificate shall be issued. [Eff. $iji ! 3 is51 ] (Auth: HRS §150A-9) (Imp: HRS §§1'5OA-$1, 15OA-22, 15OA-23) S4-73-5 Plant and fruit fumigation. (a) Fumi- gation services shall be conducted at the inspection offices on Oahu, Hawaii and Kauai provided that the services may be suspended when the fumigation chamber is inoperable or when there is a malfunction of the chamber or other mechanical part that results in unsafe condi- tions for the plant quarantine staff. (b) A schedule of fumigation shall be established and posted in a conspicuous place at an inspection office. (c) Appropriate fees pursuant to 54-73-10 shall be charged for fumigation services. [Eff. ;aVL 13 l581 ] (Auth: HRS S15OA-9) (Imp: HRS §§15OA-21, 150A-22, 15OA-23) §4-73-6 Burrowing nematode test. (a) Burrowing nematode testing service shall be conducted at the inspection offices on Oahu, Hawaii, Kauai and Maui pro- vided that plants accepted for testing on any given day shall be limited to the testing capacity of the respective island laboratory. (b). A request for test consisting of less than one hundred plants shall be accepted daily on a first come, first sgrved basis subject to the Umitation in paragraph (4 - A request for test .consisting of over one hundred plants shall be accepted for testing by prior arrange- ments made about seven days in advance of the testing date. (c) Plants submitted for testing shall be free of soil or other planting media and shall have sufficient roots for a valid test. Plants determined by an inspector to have insufficient roots may be rejected for testing. (d) Plants shall be left at the inspection-office for the test duration of'four to seven.working days. Plants shall be submitted for testing far in advance of date of departure or shipping date to make allowance for test duration. (e) Plants shall be submitted at 'the risk of the owner as test procedure'requires the removal of repre- 73-3 _ §4-73-6 < 1, sentative samples of roots that have unpredictable effects on plant life including death in ,extreme cases. (f) The department or its employees shall .not be held' responsible for any loss, theft, or adverse cqndi-., tion of any plant submitted .and retained for testing at the inspection office. [Eff. :;aYL 13 1981 I (Auth: HI?5 S150A-9) (Imp: HF& SS150A-21, iSOA-22, EOA-23) S4-73-7 Nursery certification. (a). In lieu of certification of plants at the inspection office, the department may authorize a commercial plant nyrfery to self certify plants grown under specific conditions ,set forth in a memorandum of agreement executed by the nursery-operator and the department. ib) Compliance to the conditions in the.memor; andum of agreement shall be determined by certifrcatlon inspections conducted by the department. Certification inspections shall be conducted prior to initial nursery certification and at intervals of six months thereafter. Other additional certification inspection may be con- ducted between the six-mdnth interval. (c) An official certification stamp shall be issued to' each certified nursery with a distinctive identifying number. The cost of the stamp shall be borne by the nursery but the stamp shall remain under control of the department. The stamp shall be surren- dered to the department upon termination, suspension, or revocation of a nursery certification. [d) Unless otherwise terminated, suspended, or. Tzvoked, a nursery certification shall be valid for SIX months and may be renewed as determined by certification inspection. (e) A nursery certification may be permanently or temporarily terminated upon written request and upon surrender of the certification stamp to the department. (f) A nursery certification may be suspended under the following conditions: (1) Upon receipt of an out-of-state rejection notice for a quarantine pest: or (2) Upon discovery of a quarantine pest at the. certified nursery; or (3! When any of the condrtions stipulated in the memorandum of agreement is not being complied with; or . . . (4) Upon discovery of a quarantine pest,in or on ;o;r;;--zckaged certified product being offered . Provided that/the sus,pension shall be in effect until the deficiencies are corrected and verified by, inspection. ‘:. 72-A (y) A nursery certification may be the following conditions: revoked under (1) Us,e of certification stamp for products and commodities other than plants from a'certified nursery; or Unauthorized use of the certification stamp during suspension; or Refusal of a nursery operator to permit inspectionof the nursery premise during reasonable working hours: or After repeated suspensions and when there are indications that the nursery operator is no longer able to continue ,maintaining the standards for a certified nursery; or Non-payment of,fees after due notice. [Eff. d : UL I.*< ;>r> 1 (Auth: HRS SlSUA-9) (Imp: RS §§150A-21, 15OA-22, 15OA-23) 12) (3) (4) (5) S4-73-8 Nursery inspection fee. (a) A nursery inspection fee shall rnclude a charge of twenty dollars for nurseries carrying less than ten thousand plants, forty dollars for nurseries carrying more than ten thousand plants, and a mileage charge of twenty cents a mile computed from the respective county inspection office to the nursery. (b) A nursery inspection fee shall be assessed for each: (1) Nursery certification and re-certification inspection including burrowing nematode root sampling, An additional fee shall not be assessed when more than one day is required to complete the inspection and sampling, (2) Follow-up inspection required to correct deficiencies found in a certification inspec- tion and an inspection to remedy out-of-state rejections for quarantine pests. A fee shall be .charged for each day or fraction of a day required for the inspection. [Eff. ;11)L 13 198t ] (Auth: HRS §§141-5, 150A-9) mq?: HRS SlSOA-23) 54-73-g Burrowing nematode testing fee. (al A fee for a burrowing nematode laboratory test on plants submitted at the inspection office shall be two dollars for each group of six plants or fraction thereof. Plants submitted in excess of.ninety-six‘plants by any individual may be combin'ed into composite samples of five plants and tested at the rate of two dollars for each group of six composite samples or fraction thereof. (b) Root samples from certified nursery plants submitted for testing in conjunction with-nursery certi- **- _ ;I- 73-5 fication or re-certificatibn ,iksie&ion may be.grouped in a composite sample and tested.at the rate of ~-WC dollars for each‘thirty plants‘or fraction thereof, A3ny numfser of ro.ot cuttings may'be combined for each com- posite.sample but the fee shall,apply regardless ,of the '. number of composite sqnples .tested. .[Eff. t :! TJ8( I (Auth: HRS 55141-5, 15OA-9) (Imp: HRS §1 -22) S4-73-10 Export fumigation fees..' (a) A fee for export fumigation shan be for each lot two dollars for vault use and an additional charge of twenty cents for each cubic foot with no proration of fees. (b) A fee for unscheduled fumigation shall be for each lot two dollars for vault use and an additional charge of -twenty cents per cubic foot for thirty percent volume capacity of the vault or tank in use with no pro- ration of fees. (c) For unscheduled fumigation requiring' the services of personnel beyond normal office hours, an additional fee shall be assessed which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals. IEff. &lL 13 1981 3 (Auth: HRS SS141;5, 150A-9) (Imp: H&Z S150A-22) I - - . -- . . .- 'T. DEPARTMENT OF AGRICULTURE ._ The Board of Agriculture authorized the repeal of Regulation 6 and the Schedule of Fees for Fumigation and Other Inspection or Quarantine Services dated March 21, 1969, of the Division of Plant Industry and the adoption of Chapter 73 of title 4, Administrative Rules, on June 18, 1981 following public hearings held on April 27, 29, 30, 1981 after public notice was given in the Honolulu Star-Bulletin, Maui News, Hawaii Tribune-Herald, and Garden Island on April 4, 6, 7, 8, 1981, respectively. These rules shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED: Dated: APPROVED AS TO FORM: Filed -1 is C-J I'1 .d /--