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Frequently Asked Questions on Import and Export Regulations of Plant Species
Importing to Hawaii
Exporting from Hawaii
Packing and Labeling
Pesticide Use
IMPORTING TO HAWAII
The importation of uninspected plants and animals can ruin our island paradise! Let's work together in protecting Hawaii!
Importing Plants, Insects, Microorganisms, and Non-Domestic Animals to Hawaii
IMPORTING PLANTS, INSECTS, MICROORGANISMS, and NON-DOMESTIC ANIMALS TO HAWAII
All agricultural items, including plants, plant parts, non-domesticated animals, microorganism cultures, arthropods and soil require inspection upon arrival in Hawaii. These items must be checked before the shipment can be released to insure they are free of pests or will not become pests themselves.
All individuals arriving in Hawaii from the Mainland must declare agricultural items brought into the State on the "Plants and Animals Declaration Form" and present these items for inspection to a Hawaii Department of Agriculture Plant Quarantine Inspector in the baggage claim area.
The U.S. Department of Agriculture (USDA) regulates the introduction of plants, plant products, animals, and animal products including meats from foreign countries into the United States (which includes Hawaii). Sometimes, both USDA and the State may have restrictions on the same commodity. These commodities must be inspected by both agencies to insure all the requirements are met.
All transportation companies transporting agricultural items to Hawaii must notify a Plant Quarantine Inspector of these items and insure that all items, including cargo and mail, are available until the inspection is completed.
The Hawaii Department of Agriculture's Plant Quarantine Branch conducts pre-entry, entry, and post-entry inspections of regulated materials entering the State. All microorganisms and non-domestic animals and some plants require permits prior to their importation.
Permit Applications
Plant Guidelines
PERMIT APPLICATIONS
Applications for permits may be obtained from any Hawaii Department of Agriculture Plant Quarantine Office. An applicant must fill out the quantity and scientific name of the organism desired and state the reasons for introduction, persons responsible, safeguard facilities to be used, method of disposition, and abstract of the organism.
PLANT GUIDELINES FOR IMPORTATION TO HAWAII
The following items require permits, and/or certificates of origin or treatment. Some are subject to a holding period in a quarantine facility. See Chapter 4-70, Plant Import Rules, for more information. Copies of the rules can be found at the Hawaii State libraries.
Grass family (sugarcane, bamboo, and grass): Plants and parts require permit and quarantine. Seeds and dried parts of bamboo and grass are unrestricted.
Bromeliad family (pineapple, bromeliads, and tillandsia): Plants and parts require permit, certificate of origin or treatment. Some plants require quarantine. Seeds and flasks of bromeliads are unrestricted.
Coffee: Plants, plant parts, and used coffee bags require permit and certificate of treatment. Plants and seeds for propagation also require quarantine.
Cruciferous vegetables: The edible roots of turnip, rutabaga, radish (daikon), and horseradish require certificate of origin or certificate of treatment depending upon where they are grown.
Orchid family: Plants and propagative parts require permit and certificate of origin. Some plants require quarantine. Seeds and deflasked tissue culture plants are unrestricted.
Banana: Plants and parts require permit and quarantine. Fruits are unrestricted.
Passion fruit: Plants and parts require permit and quarantine.
Pine: Plant and parts require certificate of origin or certificate of treatment depending upon where they are grown. Cut branches are allowed during the period from October 20 to December 31.
Coconut: Plants, seednuts, and green parts are prohibited. Nuts for consumption require permit and must be completely husked and punctured. Dried products require certificate of treatment.
Hosts of European Corn Borer: Corn on the cob, and non-propagative parts of sorghum, broomcorn, and sudan grass require certificate of origin or certificate of treatment depending upon where they are grown. Propagative parts (except seed) for planting require permit and quarantine.
Aster, chysanthemum, hollyhock, dahlia, and gladiolus: Plants require certificate of origin or certificate of treatment depending upon where they are grown. Seeds, seedlings, tubers and corms (without stems), and cut-flowers are unrestricted.
Palm family: Plants from the mainland U.S. are not allowed. Plants from foreign countries and propagative parts require certificate of origin.
Hosts of the Caribbean Fruit Fly: Puerto Rico and Florida fruits and berries require certificate of origin or certificate of treatment depending upon where they are grown.
Taro and Dasheen: Plant and propagative parts from the Solomon Islands require permit and quarantine.
EXPORTING FROM HAWAII
By meeting the destination's requirements, island exporters can promote and sell Hawaii's agricultural products to new markets without delays or rejections.
Each state or foreign country has its own regulations concerning the importation of agricultural commodities in order to protect that state's or country's important agricultural crops or natural resources.
Hawaii Department of Agriculture's (HDOA) Plant Quarantine Branch regulates the export of nursery products (propagative plants) to the mainland U.S. and certain foreign countries by certifying that the shipment meets the requirements of the state or country of destination.
U.S. Department of Agriculture (USDA) regulates the export of cut-flowers, foliage and fruits from Hawaii to the mainland U.S. and propagative plants to foreign countries. Anyone who has traveled to the mainland is familiar with the mandatory USDA baggage inspection at the airports for agricultural materials.
HDOA Plant Quarantine inspectors, in cooperation with USDA inspectors, are able to inspect and certify plant materials intended for shipment to the mainland U.S. See Chapter 4-73, Plant Export Rules, for more information. Copies of the rules can be found at the Hawaii State libraries.
Exporters of plant materials and produce should contact their nearest USDA or HDOA Plant Quarantine Office for the inspection requirements of their products. By complying with the regulations, the inspection process can be expedited resulting in a fresher quality product reaching its destination.
Green coffee beans and used coffee bags require permit and certificate of treatment. Plants and seeds for propagation require permit and quarantine.
Plants and propagative parts require permit and certificate of origin. Some require quarantine. Seeds and deflasked plantlets are unrestricted.
Plants from the mainland U.S. and some foreign countries are not allowed. Plants and seeds from allowable foreign areas require certificate of origin.
Nursery Certification Programs: HDOA's Plant Quarantine Branch has programs for qualified nurseries to self-certify their potted plants under a Burrowing Nematode Certification Program and an Orchid Nursery Certification Program.
California-Hawaii Origin Inspection Program: This program allows cut-flowers and foliage to be shipped to the State of California through self-certification by certified growers/shippers under a 3-party agreement.
PACKAGING & LABELING
Designed to improve the market quality of agricultural commodities, while promoting fair trade and honest marketing, packaging and labeling regulations are enforced by the Hawaii Department of Agriculture(HDOA).
Listed below are some of the regulatory services enforced by the HDOA:
Egg Labeling - At retail, egg cartons/containers must be properly grade labeled. HDOA's Commodities Branch Marketing Specialists check eggs using a high intensity candling light to assure that they are wholesome and meet labeled consumer grade. Eggs are also weighed to check that they meet labeled size.
Egg Origin Marking - Eggs imported from out of state are required to be individually marked ("U.S." for mainland eggs). Imported eggs are checked by HDOA's Commodities Branch Marketing Specialists before distribution.
Pork Products Labeling - Pork produced in the State must be labeled as "Island Produced Pork".
Fresh Fruits and Vegetables Labeling - Fresh fruits and vegetables in wholesale quantities or at the retail level may be grade labeled if desired. If grade labeled, HDOA's Commodities Branch Marketing Specialists check these products to determine if they meet grade requirements.
Feed Labeling - Commercial animal feed must be properly labeled and must be registered with the HDOA's Commodities Branch. Branch Marketing Specialists sample commercial feed for analysis, to determine if they meet labeled guarantees.
For more information on the packaging and labeling regulations listed above, contact:
Hawaii Department of Agriculture
Commodities Branch
P.O. Box 22159
Honolulu, HI 96823
Phone: (808)973-9566
OVERVIEW OF MAJOR REGULATIONS AFFECTING PESTICIDE USE IN HAWAII
The Hawaii Department of Agriculture(HDOA), Pesticides Branch regulates the manufacture, sale, and use of pesticides in the State of Hawaii. There are as many as 20 Federal regulations that can effect these processes and many more State laws and rules. This section is to acquaint you with just some of the regulations. For more information, contact the HDOA's Pesticides Branch at (808)973-9401.
HISTORY AND OVERVIEW OF PESTICIDE REGULATIONS
The Federal Insecticide, Fungicide, and Rodenticide Act and Federal Food Drug and Cosmetic Act are the cornerstones of pesticide regulation. They initially focused on ingredients. In 1947, amendments to suspend and cancel pesticides were added but also provided for registration of pesticides under protest. Some milestones that evolved into current regulations are as follows:A. In the mid-1950's, the Delaney Clause was added to the Federal Food Drug and Cosmetic Act. This amendment prohibits the establishment of any food additive regulation that would authorize residues in or on processed food or feed of any pesticide that has been found to induce cancer when ingested by man or test animals.
B. In the early 1960's, the first "food scare" concerning potential cancer- causing pesticides in food occurred. The affected crop was cranberries, and the pesticide was aminotriazole.
C. During the late 1960's Silent Spring was published, and heightened environmental concern caused U.S. Department of Agriculture to initiate cancellation action against DDT.
D. Substitutes to DDT were acutely toxic organo-phosphate pesticides. There was a need to assure individuals applying these materials were competent.
E. The Environmental Protection Agency (EPA) was created during a reorganization of the Federal government in December 1970. Pesticide Regulatory functions were transferred from the Department of Health, Education, and Welfare and the Department of Agriculture to the newly created EPA.
F. EPA cancels the use of DDT.
G. In 1972, Congress passed the current version of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In brief, it did the following:
- Defined a pesticide as any substance or mixture of substances intended to kill, repel, or mitigate a pest or to regulate the growth of a plant.
- Created Restricted-Use Pesticides as those that can be used by or under the direct supervision of a Certified Applicator. Restricted-Use Pesticides are those that have a greater chance of causing adverse impacts to humans and the environment.
- Created an Applicator Certification Program (including State certification plans).
- Standardized pesticide labels so that they include:
- a. Brand Name
- b. Use Classification (Restricted Use or Non-restricted Use)
- c. Ingredient Statement
- d. Net Contents Statement
- e. E.P.A. Registration Number
- f. E.P.A. Establishment number
- g. Statement of Practical Treatment (First Aid)
- h. "Keep Out Of Reach Of Children"
- i. Precautionary Statements (Hazards to Humans and Wildlife)
- j. Directions for use
5. Made the pesticide label the law. All statements on the label must be adhered to by all users and sellers. It is also illegal to make available restricted use pesticides to non-certified personnel.
6. Allowed states to administer equal or more stringent programs under supervision of the EPA. All 50 states now participate. Hawaii's program is administered by the Hawaii Department of Agriculture. The State of Hawaii has its own laws and rules.
Pesticide Programs Today
There is authority to permit or disallow a chemical. EPA "registers" products and cancels or suspends them. Hawaii "licenses" products registered by EPA and also has the authority to cancel or suspend them. Products that have been cancelled include:
1. Paris Green
2. The cyclodienes or organo-chlorines (Chlordane, heptachlor, dieldrin, aldrin)
3. Methyl bromide will be cancelled although not by this special review process
4. Wood preservatives, creosote, penta
There is authority to inspect or otherwise assure compliance with the program. The Hawaii Department of Agriculture has Pesticide Specialists who conduct inspections on all islands. Failure to comply may result in civil penalties of up to $5,000.00 per occurrence or criminal penalties of up to $25,000.00 or one year in prison or both.
ABOUT PESTICIDE REGISTRATION
Since the pesticide label is the law, labels must be accepted by the EPA. This includes scientific data that shows that there will be no unreasonable adverse effects on humans and the environment when the pesticide is used according to label directions. This is a costly, time-consuming process. Some say it takes 12 years and $60-million to register a single pesticide. If the crop involved is a food or feed crop, the pesticide requires a "tolerance" or a legal amount of pesticide residue allowed to remain on a harvested crop. Yes, this means more research to establish a tolerance for that particular crop. There are 1500 active ingredients and over 20,000 products.
THE PROBLEMS OF RE-REGISTRATION
Earlier it was mentioned that all pesticides, to be registered with the EPA, must have data to support their "safety." Ideally yes. Let's however, go back to 1972, to the time FIFRA was passed. There were already many pesticides registered under the "old" U.S. Department of Agriculture system. Because of their sheer numbers, the EPA "grandfathered" many of these registrations and allowed their continuance, even if some of the necessary data was lacking. They called these "data gaps." In 1988 Congresses amended FIFRA by requiring that all pesticides be re-registered and to supply all required data. This re-registration process is happening right now, requiring registrants to fill these data gaps. Needless to say, it is an expensive process.
1. 1100 pesticides must undergo the re-registration process.
2. This will require 35,000 studies and cost 3 billion dollars.
3. 2-4-D alone will require 220 studies and cost 22 million dollars.
4. Of the 1100 pesticides requiring re-registration, over 600 dropped out; 400 are still in the race. Some registrants are opting to forego registrations for those uses that will not bring in adequate remuneration to justify their inclusion on the label, in particular, minor crops. Thus, more uses for pesticides on minor crops are being lost.
OTHER LAWS/RULES THAT EFFECT PESTICIDE USE
The Farm Bill of 1992
1. Imposes record-keeping requirements for federally restricted-use pesticides applied on farms. This is in addition to State requirements for commercial applicators to keep records of restricted-use pesticide applications.
2. The Farm Bill is administered and enforced by the U.S. Department of Agriculture (USDA), not the Environmental Protection Agency. The Hawaii Department of Agriculture has an agreement with the USDA to inspect for compliance.
State and Federal Occupational Safety and Health Laws.
Require employers to inform their employees who work with hazardous materials. It is administered by the State Department of Labor and Industrial Relations.
The Worker Protection Standard
This standard was promulgated in 1992. It requires agricultural employers to participate in an extensive program of posting, warning of employees, exchanging information with healthcare providers, and training of employees on the hazards of the pesticides applied on their places of employment. It is administered by the EPA and enforced locally by the Hawaii Department of Agriculture.
