Haw. Code R. § 4-71A-25 - Unlisted microorganisms
(a) The
introduction into Hawaii and possession of a microorganism not on any of the
lists of microorganisms included in this chapter may be allowed based on the
department's determination of the level of risk presented by the microorganism
requested for import and its proposed use as provided below.
(b) An unlisted microorganism that is
determined by the department to be a low risk microorganism may be allowed
import by a letter of authorization issued by the chief without advisory
committee review or board approval.
(c) An unlisted microorganism that is
determined by the department to be a moderate risk microorganism may be allowed
import by special permit approved by:
(1) The
chief without advisory committee or board approval, provided that the
microorganism is for laboratory studies, diagnostics, and analyses, excluding
manufacture or production; plant or soil inoculation studies in the laboratory
or growth chamber; or cultivation of algal, cyanobacterial and photosynthetic
bacterial species in a closed or semi-closed system such as photobioreactor;
provided the importer can comply with permit conditions in section 4-71A-27,
and if applicable, section 4-71A-2 8; or
(2) The board, with advisory committee
review, if the microorganism is for purposes other than those listed in
subsection (c)(1), provided that, the importer can comply with permit
conditions established by the board.
(d) An unlisted microorganism that is
determined by the department to be a high risk microorganism may be allowed
import by special permit approved by the board, with advisory committee review,
for purposes approved by the board, provided that the importer is able to
comply with permit conditions established by the board.
(e) An unlisted microorganism imported by
special permit shall be subject to the import, inspection, and standard permit
requirements of subchapter 1 of this chapter.
(f) An unlisted microorganism allowed for
import will be subsequently proposed for listing on the appropriate list of
microorganisms based on the department's determination of the level of risk
presented by the microorganism.
(g)
A special permit issued under this section is subject to permit conditions
established as provided in this section and in subchapter 3.
Notes
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