Senator Jarrett Keohokalole told colleagues the Senate should investigate whether the Department of Agriculture and Biosecurity (DAB) has been operating a policy that allows agricultural goods with pests to enter the state despite a statutory prohibition.
Keohokalole said that during a Feb. 11 joint hearing on Senate Bill 2760 a DAB testifier "freely admitted that DAB has been letting agricultural goods infested with pests that inspectors had determined were only lightly infested to enter the state of Hawaii." He added that when committees pressed the testifier for the legal authority to do so, the testifier could not answer.
Keohokalole cited Hawaii Revised Statutes section 150A-7, noting that the statute "states articles with pests shall be refused admittance," and said the committee exchange suggested a possible conflict between agency practice and statutory duty.
Under Senate Rule 86, Keohokalole formally requested that the department provide "all documents that were referenced in the Department of Agriculture and Biosecurity's Feb. 11 oral testimony, including internal policies, standards of procedure and training manuals, and any other documents that relate to authority or practices for admitting infested goods." He asked for materials showing policies before and after enactment of the cited law in 1973.
Keohokalole said the matter is urgent because invasive species pose substantial risk to Hawaii's economy, agriculture and natural environment and because the testimony suggested the policy "has not changed in posture since this law was enacted in 1973." No department representative responded on the Senate floor during the session.
The request triggers a records and review process within the Legislature; Keohokalole said the Senate should "get to the bottom of it" so the body can address any conflict with state law. The senator did not provide an estimated timeline for receipt of the documents.