Haw. Rev. Stat. § 141-18
This is the official text of Haw. Rev. Stat. § 141-18, part of Hawaii’s Rev. Stat — part of the compiled statutory law of Hawaii, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Plant care components ; fumigation; treatment; certification; fees; restrictions.
Official statutory text
(a) The department of agriculture and biosecurity:
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No person shall distribute within the State any plant care component that originated outside the State, unless:
(1) The plant care component was subject to a treatment before entering the State; or
(2) The plant care component has been treated immediately after arriving in the State, as certified by the department of agriculture and biosecurity.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture and biosecurity that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment .
(d) Any person who violates any provision of this section or rules adopted under this section may be assessed an administrative penalty by the board of not more than $10,000 for each offense. No administrative penalty shall be assessed unless the person charged has been given notice and an opportunity for a hearing on the specific charge. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation.
(e) In case of inability to collect the administrative penalty or failure of any person to pay all or a portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid.
(f) When construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.
(g) For the purposes of this section:
"Board" means board of agriculture and biosecurity.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means an individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or "component" means any quantity of wood chips or compost that is used in the propagation of plants or in a filter sock.
"Treat" or "treatment" means fumigation or heat treatment. [L 2024, c 197, §1; am L 2025, c 236, §38]
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No person shall distribute within the State any plant care component that originated outside the State, unless:
(1) The plant care component was subject to a treatment before entering the State; or
(2) The plant care component has been treated immediately after arriving in the State, as certified by the department of agriculture and biosecurity.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture and biosecurity that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment .
(d) Any person who violates any provision of this section or rules adopted under this section may be assessed an administrative penalty by the board of not more than $10,000 for each offense. No administrative penalty shall be assessed unless the person charged has been given notice and an opportunity for a hearing on the specific charge. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation.
(e) In case of inability to collect the administrative penalty or failure of any person to pay all or a portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid.
(f) When construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.
(g) For the purposes of this section:
"Board" means board of agriculture and biosecurity.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means an individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or "component" means any quantity of wood chips or compost that is used in the propagation of plants or in a filter sock.
"Treat" or "treatment" means fumigation or heat treatment. [L 2024, c 197, §1; am L 2025, c 236, §38]
Status: in_force · Read it on the official government site
Need a lawyer in Hawaii?
Find a Hawaii lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.