Hawaii Revised Statutes Chapter 142 — Animals, Brands, and Fences

Hawaii · statute · Haw. Rev. Stat. ch. 142 · 75 active provisions

Haw. Rev. Stat. § 142-1

Information and statistics

The department of agriculture and biosecurity shall gather, compile, and tabulate, from time to time information and statistics concerning domestic animals in the State, their protection and use, inquire into and report upon the causes of contagious, infectious and communicable diseases among them, and the means for th…

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Haw. Rev. Stat. § 142-2

Rules

Subject to chapter 91, the department of agriculture and biosecurity may make and amend rules for the inspection, quarantine, disinfection, or destruction, either upon introduction into the State or at any time or place within the State, of animals and the premises and effects used in connection with the animals. Inclu…

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Haw. Rev. Stat. § 142-3

Department; general duties and powers

(a) The department of agriculture and biosecurity shall have charge, direction, and control of all matters relating to the inspection of animals, including brand inspection, and the prevention and eradication of contagious, infectious, and communicable diseases among animals and of all matters relating to the animal in…

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Haw. Rev. Stat. § 142-3.5

Authority to contract or rent facilities

The board of agriculture and biosecurity may contract with third parties for the use or rental of the division of animal industry's property or facilities; provided that: (1) The board determines the property or facilities are not required for use by the division of animal industry during the term of use by the third p…

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Haw. Rev. Stat. § 142-3.6

Animal industry special fund

There is established the animal industry special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from: (1) The use or rental of the division of animal industry's properties or facilities, including the animal quarantine property or facilit…

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Haw. Rev. Stat. § 142-4

Entry of animals without inspection prohibited

(a) No animal shall be allowed to enter the State except after inspection by the department of agriculture and biosecurity and the issuance of a permit by the department to the consignee or owner; provided that no fees for inspection shall be charged, nor delays caused, concerning the landing of any domestic animal for…

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Haw. Rev. Stat. § 142-4.5

Health certificate

Any animal entering the State pursuant to this chapter shall be accompanied by a valid health certificate. The health certificate shall include information as to the animal's identification, approximate age, species, and sex if the animal's sex can be practicably and reasonably determined. The animal shall be free of c…

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Haw. Rev. Stat. § 142-5

Landing of animals

The landing of any animal for the purpose of inspection or quarantine shall not be construed to be an entry into the State for any purpose whatsoever, except as herein provided, and if in the opinion of the department of agriculture and biosecurity it shall be necessary or proper to quarantine any animal, it may do so…

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Haw. Rev. Stat. § 142-5.5

Service animals

Any person with a disability who uses the services of a service animal, as defined in section 347-2.5, shall be permitted to reside on site for the duration of quarantine, if housing is available.

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Haw. Rev. Stat. § 142-6

Quarantine

The department of agriculture and biosecurity may quarantine any animal known to be affected with, to have been exposed to, or to be susceptible to, any contagious, infectious, or communicable disease, and destroy the same, when in the opinion of the department, such measure is necessary to prevent the spread of the di…

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Haw. Rev. Stat. § 142-7

Breeding in quarantine prohibited

The use of any animal for breeding purposes while the animal is quarantined is prohibited, except that the department of agriculture and biosecurity may, with the written permission of the owner and under rules adopted by the department, permit the collection of semen from the male animal or the artificial insemination…

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Haw. Rev. Stat. § 142-8

Notification of arrival

(a) The captain of any vessel or aircraft transporting any live animal to any port in the State shall immediately upon arrival in the State notify the department of agriculture and biosecurity. No animal so transported, nor any portion of the food or water nor any effects connected therewith or provided for the animal'…

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Haw. Rev. Stat. § 142-9

Quarantine between islands

Live animals passing between the islands of the State may be quarantined as provided by law, at either the port of shipment or of delivery, on good cause shown to the department of agriculture and biosecurity at the port of entry nearest to the port of shipment or delivery.

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Haw. Rev. Stat. § 142-10

Importing prohibited, when

The governor, notwithstanding anything in this chapter, may, from time to time by proclamation declaring any port or country to be infected, absolutely prohibit the introduction of any animals therefrom until the restriction is removed.

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Haw. Rev. Stat. § 142-11

Forfeiture of animals, etc

All animals, fodder, fittings, or effects landed contrary to this chapter or taken or removed from quarantine before being duly discharged, shall be forfeited to the use of the State. All animals brought into quarantine grounds or placed with any animals under quarantine or placed into provisional quarantine, shall be…

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Haw. Rev. Stat. § 142-12

Penalties

(a) Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a petty misdemeanor shall be sentenced as follows: (1) For the first offense, or any offense not preceded within a five-year period by an offense under the same section, a fine of not less than $250…

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Haw. Rev. Stat. § 142-13

Reporting disease; penalty

Any person knowing or having reason to believe that any animal on or about that person's premises or the premises of another is affected with any infectious or contagious disease who fails to promptly report the same to the department of agriculture and biosecurity, shall be fined not less than $25 nor more than $500.

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Haw. Rev. Stat. § 142-14

Sale of diseased animals; penalty

Any person who sells or offers for sale, or uses, or exposes, or who causes or procures to be sold, or offered for sale, or used, or to be exposed, any horse or any other animal having the disease known as glanders, or farcy, or any other contagious or infectious disease, known by the person to be dangerous to human li…

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Haw. Rev. Stat. § 142-16

Dairy and breeding cattle; tuberculin tests

All dairy and breeding cattle within the State shall be tuberculin tested by the department of agriculture and biosecurity as often as in its judgment such testing is necessary in order to prevent, suppress, and eradicate bovine tuberculosis. All cattle so tested shall be marked by the department with some distinguishi…

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Haw. Rev. Stat. § 142-17

Branding of tuberculous cattle

All cattle found to be tuberculous either upon physical examination or by means of the tuberculin test shall be branded upon the left cheek with the registered brand "T".

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Haw. Rev. Stat. § 142-18

Disposal of tuberculous animals

(a) The owner of all cattle reacting to the tuberculin test shall, subject to section 142-16, cause them to be segregated immediately and, within a reasonable time thereafter, to be delivered for slaughter at a time and place as may be designated by the department of agriculture and biosecurity. The slaughter shall be…

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Haw. Rev. Stat. § 142-19

Indemnification for tuberculous animals

For any animal slaughtered, under section 142-18, the owner shall be paid one-third the difference between the appraised value of each animal so destroyed and the value of the salvage thereof; provided that in no case shall the payment exceed $25 per head; except when no lesions are found, when a payment not to exceed…

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Haw. Rev. Stat. § 142-20

Premises from which tuberculous cattle removed to be disinfected

(a) Any premises where animals affected with tuberculosis have been kept shall be disinfected promptly after the removal of the animals, in a manner satisfactory to the department of agriculture and biosecurity and at the expense of the owner. (b) Violation of this section shall be a misdemeanor.

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Haw. Rev. Stat. § 142-21

Cooperation with federal authorities

The department of agriculture and biosecurity may cooperate with the United States Department of Agriculture in its efforts to eradicate bovine tuberculosis or any other transmissible disease of animals, and may make appraisals of condemned animals and report on the salvage derived from the sale of the animals in confo…

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Haw. Rev. Stat. § 142-22

Anaplasmosis; indemnity for slaughtered cattle

The department of agriculture and biosecurity may pay indemnities to owners of cattle sent to slaughter as reactors to the anaplasmosis test. The payment shall be in the amount of one-third of the difference between the appraised value of each animal slaughtered and the value of the salvage value thereof to owners of c…

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