STAND. COM. REP. NO. 450-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2803
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Agriculture, to which was referred H.B.
No. 2803 entitled: 

     "A BILL FOR AN ACT RELATING TO PLANT AND NON-DOMESTIC ANIMAL
     QUARANTINE,"

begs leave to report as follows:

     The purpose of this bill is to facilitate the importation of
microorganisms by:

     (1)  Deleting the list of prohibited microorganisms;

     (2)  Creating a list of select human pathogens that do not 
          require a permit to enter the State;

     (3)  Authorizing the Department of Agriculture (Department) 
          to determine the risk level for unlisted microorganism
          requests; and

     (4)  Authorizing the Department to issue an emergency permit 
          for the importation of listed and unlisted
          microorganisms.

     The Hawaii Agriculture Research Center testified in support
of this bill.  The Department and the University of Hawaii at
Manoa College of Tropical Agriculture and Human Resources
testified in support of this bill with amendments.  The Board of
Agriculture testified in support of the intent of this bill.


 
 
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     Your Committee has made the following amendments to the
bill:

     (1)  Created separate statutory sections for microorganisms,
          plant, and animals to better reflect the different
          requirements appropriate for each category;

     (2)  Authorized the department to determine in an
          expeditious manner, upon advice from qualified persons
          with relevant expertise, whether an unlisted
          microorganism is allowed for importation or whether the
          level of risk presented indicates that further review
          is necessary;

     (3)  Authorized the department to establish a list of select
          human pathogens that do not require a permit to enter
          the State, but which still require labeling,
          notification, and inspection at the port of entry and
          which require the department to notify the Department
          of Health for entry for the purpose of the latter's
          possible inspection and monitoring;

     (4)  Authorized the department to issue an emergency permit
          for importation of restricted list and unlisted
          microorganisms through an expedited review process in
          the event of an emergency or disaster affecting human
          and animal health, agriculture, or the environment;

     (5)  Authorized the department to require registration for
          certain microbial products (product containing
          microorganisms) to facilitate their importation without
          a permit by businesses and individuals in the State;

     (6)  Established a permit revolving fund to facilitate the
          processing and issuance of import permits, to amend the
          lists of plants, animals and microorganisms for
          importation (including the cost of public notices for
          rulemaking hearings), to permit compliance monitoring
          activities, and to allow other necessary purposes such
          as training, educational workshops, materials, and
          equipment;

     (7)  Deleted the requirement for a list of prohibited
          microorganisms in section 150A-6(c), many of which the
          department envisions will be re-classified by rule as
          high level restricted microorganisms, in order to allow
          their importation for research, through  permit, under
          appropriate safeguard conditions;


 
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     (8)  Deleted the requirement for a list of prohibited plants
          in section 150A-6(e) in order to allow the importation
          of high risk plants for research, pursuant to permit
          and appropriate safeguard conditions;

     (9)  Extended the time frame within which an interim rule
          under section 150A-9.5 must be published from ten to
          twelve days from issuance in order to accommodate the
          contractor publication's advance notice requirements;

     (10) Deleted part V pertaining to the microorganism
          certification program in order to make available to all
          prospective importers of microorganisms, not just those
          able to afford and achieve certification status, the
          opportunity for expedited processing of microorganism
          importation requests where the risk level of the
          importation does not warrant fuller review and board of
          agriculture action;

     (11) Designated $25,000 from the Permit Revolving Fund to be
          expended by the Department; and 

     (12) Made technical, non-substantive amendments for style
          and clarity.

     As affirmed by the record of votes of the members of your
Committee on Agriculture that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2803, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2803, H.D. 1, and
be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Agriculture,



                                   ______________________________
                                   FELIPE P. ABINSAY, JR., Chair