Haw. Code R. § 4-72-12 - Restrictions on coffee

(a) Transportation of coffee plants and parts thereof, including unroasted seeds (green coffee beans), used coffee bags, and coffee harvesting equipment, including baskets, sacks, or containers, is prohibited from a coffee berry borer infested area to a coffee berry borer restricted area except by permit pursuant to subsection (b).

(b) A permit may be issued by the chief for the transportation of a commodity or item listed in subsection (a), with conditions established by the chief appropriate for each of the following circumstances:

(1) Coffee plants and plant parts for propagation when subject to treatment with an approved pesticide, and grown and monitored in quarantine for a period of not less than one year at a state facility;

(2) Coffee plants and plant parts that have been shipped using safeguards approved by the chief to an approved facility for research purposes;

(3) Roasting of green coffee beans that have been subjected to treatments approved by the chief;

(4) Roasting of untreated green coffee beans that have been shipped using safeguards approved by the chief to an approved facility that is located at least 5 miles away from a commercial coffee growing area;

(5) Used coffee bags that have been subjected to treatments approved by the chief; or

(6) Coffee harvesting equipment that has been subjected to treatments approved by the chief.

(c) The chief is authorized to approve treatments and mitigative measures as they are scientifically validated and may revise permit conditions accordingly, as necessary to prevent movement of the coffee berry borer from the infested area and to preserve the quarantine. Organic treatment methods are available, as approved by the chief.

(d) Coffee plants, plant parts, green coffee beans, and used coffee bags for export are not subject to quarantine restrictions, provided that they are exported directly from the coffee berry borer infested area and are not transshipped through a coffee berry borer restricted area in the State. Coffee plants, plant parts, green coffee beans, and used coffee bags for export that move from one infested area to another or that are exported via transshipment through a coffee berry borer restricted area must be double-bagged in thick, transparent, non-permeable plastic bags that are sealed and labeled to identify their contents as being from a specific coffee berry borer infested area, provided that the chief is authorized to revise these required safeguards, as necessary.

(e) The island of Hawaii is designated as a coffee berry borer infested area, notwithstanding ongoing control projects on the island, and other islands in the State are designated as coffee berry borer restricted areas. The designated coffee berry-borer infested area may be expanded by board action as provided in § 4-72-4.5.

Notes

Haw. Code R. § 4-72-12

[Eff and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)