Department; general duties and powers.
HRS §142-3
in effect142-3. 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 industry within this
chapter.
(b) In the performance of its duties under
this chapter, the department of agriculture and biosecurity may:
(1) Conduct investigations, collect data, and require
reports from owners of animals, including livestock animals, as may be
necessary to conduct inspections or facilitate its decisions;
(2) Enter upon private property, including
agricultural lands, as may be necessary in making any investigation or
inspection required or authorized by this chapter; provided that the entry
shall not constitute a cause of action in favor of the owner of the land,
except for damages resulting from wilful acts or negligence by the department
or its employees acting in the course of their official duties;
(3) Establish and assess fees pursuant to chapter 91
to cover a portion of the department's costs in carrying out the implementation
and administration of any programs established or authorized under this
chapter;
(4) Recover expenses incurred in taking any action
required by the owner of the animals, including livestock, in the same manner
that debts are recoverable by law;
(5) Assess and collect administrative penalties for
violation of this chapter, any rule adopted thereunder, or order issued by the
department or board of agriculture [and biosecurity] pursuant to this chapter;
(6) Place liens, as needed, on the owner's property,
to be collected as delinquent taxes against lands and property, if the owner
neglects to pay any costs, expenses, or penalties chargeable to the owner under
this chapter, or any rule, order, or condition adopted, issued, or required
under this chapter;
(7) With the assistance of the attorney general,
institute and pursue all court actions that may be necessary to obtain the
enforcement of any order issued by the department or board of agriculture [and
biosecurity] in carrying out this chapter;
(8) Cooperate, advise, consult, contract, or enter
into cooperative agreements with the United States government, or any of its
agencies, other state agencies, or the county governments, or any of its
agencies; and
(9) Take any and all other actions as may be
necessary to carry out this chapter.
[L 1905, c 82, pt of §4; am L 1915, c 136,
§8; RL 1925, §609; RL 1935, §204; RL 1945, §1053; RL 1955, §20-3; am L Sp 1959
2d, c 1, §22; am L 1961, c 132, §2; HRS §142-3; am L
2025, c 235, §8 and c 236, §17]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0142/HRS_0142-0003.htmFetched: 11/10/2026