Section 4-73-7 - Nursery certification(a) In lieu of certification of plants at the inspection office, the department may authorize a commercial plant nursery to self certify plants grown under specific conditions set forth in a memorandum of agreement executed by the nursery-operator and the department.(b) Compliance to the conditions in the memorandum of agreement shall be determined by certification inspections conducted by the department. Certification inspections shall be conducted prior to initial nursery certification and at intervals of six months thereafter. Other additional certification inspection may be conducted between the six-month interval.(c) An official certification stamp shall be issued to each certified nursery with a distinctive identifying number. The cost of the stamp shall be borne by the nursery but the stamp shall remain under control of the department. The stamp shall be surrendered to the department upon termination, suspension, or revocation of a nursery certification.(d) Unless otherwise terminated, suspended, or revoked, a nursery certification shall be valid for six months and may be renewed as determined by certification inspection.(e) A nursery certification may be permanently or temporarily terminated upon written request and upon surrender of the certification stamp to the department.(f) A nursery certification may be suspended under the following conditions:(1) Upon receipt of an out-of-state rejection notice for a quarantine pest; or(2) Upon discovery of a quarantine pest at the certified nursery; or(3) When any of the conditions stipulated in the memorandum of agreement is not being complied with; or(4) Upon discovery of a quarantine pest in or on a pre-packaged certified product being offered for sale; Provided that the suspension shall be in effect until the deficiencies are corrected and verified by inspection.
(g) A nursery certification may be revoked under the following conditions:(1) Use of certification stamp for products and commodities other than plants from a certified nursery; or(2) Unauthorized use of the certification stamp during suspension; or(3) Refusal of a nursery operator to permit inspection of the nursery premise during reasonable working hours; or(4) After repeated suspensions and when there are indications that the nursery operator is no longer able to continue maintaining the standards for a certified nursery; or(5) Non-payment of fees after due notice.[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)