Animal Diseases and Quarantine

HRS div. 1, tit. 11, ch. 142, pt. I

in effect

HRS §142-1 Information and statistics

142-1. Information and statistics The department of agriculture 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 the prevention, suppression, and cure of the same. [L 1905, c 82, pt of §4; RL 1925, §607; RL 1935, §202; am L 1941, c 228, §2; RL 1945, §1051; RL 1955, §20-1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-1]

HRS §142-2 Rules

142-2. Rules Subject to chapter 91 the department of agriculture 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. Included therein may be rules governing the control and eradication of transmissible diseases of animals and the transportation of animals between the different islands of the State and along the highways thereof, as well as rules requiring the owner or captain of any vessel or aircraft arriving in the State with animals aboard and the managers or agents of trucking and air and water transportation companies carrying animals within the State to report on the number and class of animals carried, names of owners and consignees, the places to and from which the animals are shipped, the manner of handling the animals, the number of deaths or injuries to animals occurring in transit or while being loaded or unloaded together with the causes of the deaths or injuries, and all other matters which may be deemed necessary by the department for a full and complete record of the shipping and handling of animals. The department may also prohibit the importation into the State from any foreign country or other parts of the United States or the movement from one island within the State to another island therein or to one locality from another locality on the same island, of animals known to be or suspected of being infected with a contagious, infectious, or communicable disease or known to have been exposed to any of those diseases. [L 1905, c 82, pt of §4; am L 1909, c 114, §1; RL 1925, §608; RL 1935, §203; RL 1945, §1052; am L 1955, c 28, §1; RL 1955, §20-2; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §142-2; am L 1986, c 36, §1]

HRS §142-3 Department; general duties and powers.

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 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]

HRS §142-3.5 Authority to contract or rent facilities

142-3.5. Authority to contract or rent facilities The board of agriculture 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 party; (2) The property or facilities shall be leased or rented at a reasonable lease rent as determined by the board of agriculture; (3) The property or facilities shall be used for animal welfare, including emergency shelters for animals, or other commercial purposes; and (4) The property or facilities shall be used only by the third party. Revenues generated by the use or rental of the division of animal industry's property or facilities, including the animal quarantine property or facilities shall be deposited into the animal industry special fund, established pursuant to section 142-3.6, and used to defray the operational costs of the department of agriculture's division of animal industry. [L 2005, c 161, §2; am L 2008, c 109, §1; am L 2011, c 185, §2]

HRS §142-3.6 Animal industry special fund

142-3.6. Animal industry special fund There is established the animal industry special fund to be administered by the board of agriculture. Moneys received by the board of agriculture from: (1) The use or rental of the division of animal industry's properties or facilities, including the animal quarantine property or facilities pursuant to section 142-3.5; (2) Revenue from fees for diagnostic, surveillance, and other work by the animal industry division veterinary laboratory and animal disease control branch; and (3) Appropriations or other moneys made available, shall be deposited into the special fund. All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended to cover costs of the division of animal industry, including the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles, contract with any qualified person or entity for livestock handling services, improvements to laboratory capabilities and operations, and operating and maintenance of the animal industry facilities; provided that moneys in the special fund may be used to fund the department's resource management and planning programs. A reserve shall be maintained in the special fund to cover contingency costs, including accrued vacation leave, unemployment insurance, and workers' compensation. [L 2011, c 185, §1; am L 2023, c 215, §1]

HRS §142-4 Entry of animals without inspection prohibited

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 which a certificate of health has been issued as prescribed by the Federal Cattle Contagious Disease Act. Every carrier, owner, or handler bringing animals into the State shall be required to present these animals to the department of agriculture and biosecurity for inspection. (b) Any person who fails to present an animal pursuant to subsection (a) shall be assessed an administrative penalty of not more than $1,000 for each violation. Each animal that enters the State without inspection shall constitute a separate violation. [L 1905, c 82, pt of §4; RL 1925, §611; RL 1935, §206; RL 1945, §1055; RL 1955, §20-5; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-4; am L 1986, c 263, §1; am L 2025, c 235, §10 and c 236, §17]

HRS §142-4.5 Health certificate

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 certain internal and external parasites as prescribed by departmental rules. A statement confirming this parasite-free status shall be noted on the health certificate. The animal shall also appear to be free of any infectious or contagious diseases and to the best of the issuing veterinarian's knowledge, shall not have been exposed to any of those diseases. A statement to this effect shall also be noted on the health certificate. In addition to the requirements of this section, any person responsible for any live animal entering the State, shall comply with appropriate departmental rules. [L 1986, c 265, §1]

HRS §142-5 Landing of animals

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 it shall be necessary or proper to quarantine any animal, it may do so at the expense of the owner or consignee. The landing of any domestic animal known to be affected with any contagious, infectious, or communicable disease shall constitute an unlawful entry; provided that with the permission of the department, the animals may be landed for quarantine or destruction and disposal at the expense of the owner or consignee. [L 1905, c 82, pt of §4; RL 1925, §612; RL 1935, §207; RL 1945, §1056; am L 1947, c 177, §1; RL 1955, §20-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-5]

HRS §142-5.5 Service animals

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. L 1991, c 178, §3; am L 2011, c 175, §3; am L 2018, c 217, §3

HRS §142-6 Quarantine

142-6. Quarantine The department of agriculture 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 disease. The department of agriculture may also require disinfection of premises and materials contaminated by or exposed to disease, including the proper disposition of hides and carcasses if, in the opinion of the department, such measures are necessary to prevent the spread of disease. [L 1905, c 82, pt of §4; RL 1925, §613; RL 1935, §208; RL 1945, §1057; RL 1955, §20-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-6; am L 2002, c 99, §2]

HRS §142-7 Breeding in quarantine prohibited

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 of the female animal while in quarantine by a licensed veterinarian under the supervision of an agent of the department. [L 1935, c 32, §§1, 2; RL 1945, §1058; RL 1955, §20-8; HRS §142-7; am L 1969, c 35, §1; am L 1986, c 5, §1; am L 2025, c 236, §17]

HRS §142-8 Notification of arrival

142-8. Notification of arrival The captain of any vessel or aircraft transporting any live animal to any port in this State shall immediately upon arrival in the State notify the department of agriculture. No animal so transported, nor any portion of the food or water nor any effects connected therewith or provided for the animal's use during transit, shall be removed from the wharf or airport until the department has inspected and passed the same. The department, at the owner's or shipper's expense, may require that the animal be moved to a more suitable location for inspection. [L 1882, c 34, §3; am L 1884, c 29, §1; RL 1925, §614; RL 1935, §209; RL 1945, §1059; RL 1955, §20-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-8; am L 1986, c 266, §1]

HRS §142-9 Quarantine between islands

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 at the port of entry nearest to the port of shipment or delivery. [L 1882, c 34, §5; RL 1925, §615; RL 1935, §210; RL 1945, §1060; RL 1955, §20-10; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-9]

HRS §142-10 Importing prohibited, when

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. [L 1882, c 34, §6; RL 1925, §616; RL 1935, §211; RL 1945, §1061; RL 1955, §20-11; HRS §142-10]

HRS §142-11 Forfeiture of animals, etc

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 deemed to come under this chapter and shall be subject to all the conditions of the same. [L 1882, c 34, §7; am L 1905, c 81, §2; RL 1925, §617; RL 1935, §212; RL 1945, §1062; RL 1955, §20-12; HRS §142-11; am L 1986, c 115, §1]

HRS §142-12 Penalties

142-12. Penalties (a) Any person violating any provision of this chapter or any rule adopted pursuant thereto, for which action a penalty is not otherwise provided, is guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) For the first conviction, by a fine of not more than $1,000 or by imprisonment of not more than one year, or both. (2) For a second conviction within one year of a previous conviction, by a fine of not less than $500 nor more than $1,000 or by imprisonment of not more than one year, or both. (3) For a third conviction within five years of the first conviction, by a fine of not less than $1,000 or by imprisonment of one year, or both. (b) Any person, carrier, or handler who has been convicted of a violation of this chapter more than three times within a five-year period or whose violation poses a grave or serious health threat to the State's citizens, animal industry, wildlife, or domestic animals, shall be guilty of a class C felony and upon conviction shall be punished as follows: (1) For the first conviction, by a fine of not more than $5,000 or by imprisonment of not more than five years, or both. (2) For a second conviction within five years of a previous conviction, by a fine of not less than $3,000 nor more than $5,000 or by imprisonment of not more than five years, or both. (3) For a third or subsequent conviction within five years of the first conviction, by a fine of not less than $5,000 or by imprisonment of not more than five years, or both. (c) In addition to the penalties in subsection (a) or (b) and for the first conviction, the department of agriculture may impound, seize, confiscate, destroy, quarantine, sell, auction, or dispose of any animal, animal product, container, crate, or any other item under the jurisdiction of this chapter in the best interest of the State. (d) Persons found to be in possession of any animal, fodder, fittings, or effects contrary to this chapter shall be found guilty and upon conviction shall be punished in accordance with this section. [L 1882, c 34, §8; am L 1903, c 8, §1; RL 1925, §621; RL 1935, §216; RL 1945, §1066; RL 1955, §20-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-12; am L 1972, c 86, §2; am L 1983, c 130, §1; am L 1986, c 262, §1]

HRS §142-13 Reporting disease; penalty

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, shall be fined not less than $25 nor more than $500. [L 1884, c 29, pt of §2; am L 1905, c 81, §3; am L 1909, c 138, §1; RL 1925, §618; RL 1935, §213; RL 1945, §1063; RL 1955, §20-14; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-13; gen ch 1985; am L 1986, c 63, §1]

HRS §142-14 Sale of diseased animals; penalty

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 life, or which are diseased past recovery, shall be guilty of a petty misdemeanor. [L 1884, c 51, §6; RL 1925, §619; RL 1935, §214; RL 1945, §1064; RL 1955, §20-15; HRS §142-14; am L 1980, c 232, §5]

HRS §142-16 Dairy and breeding cattle; tuberculin tests

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 distinguishing mark. The department may, for the purpose of making the tests, go upon any property where such cattle are kept. [L 1923, c 124, §1; RL 1925, §626; am L 1925, c 5, §1; am L Sp 1932 2d, c 39, §1; am L 1933, c 57, §1; RL 1935, §222; am L 1939, c 111, §1; RL 1945, §1076; am L 1945, c 104, §1; RL 1955, §20-17; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-16; am L 2025, c 236, §17]

HRS §142-17 Branding of tuberculous cattle

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". [L 1923, c 124, §2; RL 1925, §627; am L Sp 1932 2d, c 39, §2; RL 1935, §223; RL 1945, §1077; RL 1955, §20-18; HRS §142-17]

HRS §142-18 Disposal of tuberculous animals

142-18. Disposal of tuberculous animals 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 such time and place as may be designated by the department of agriculture. The slaughter shall be under the direct supervision of the department and in accordance with the meat inspection regulations of the United States Department of Agriculture. [L 1923, c 124, §3; RL 1925, §628; am L 1927, c 215, §1; RL 1935, §224; am L 1939, c 111, §2; RL 1945, §1078; RL 1955, §20-19; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-18; am L 1986, c 7, §1]

HRS §142-19 Indemnification for tuberculous animals

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 $50 shall be made; and provided further that no compensation shall be paid for tubercular steers or unregistered bulls. The department of agriculture and biosecurity may agree with the owner of any animal as to the valuation thereof. In case no agreement can be reached as to the valuation of any animal, the department shall choose some disinterested citizen, the owner another, and the two so chosen shall designate a third, the three to act as appraisers who shall appraise the animal and whose decision or the decision of a majority thereof shall be final. All appraisals of cattle under this section, whether by agreement or by the appraisers, shall be based upon the market value of the animal so condemned on the day of appraisal, whether for breeding purposes or for milk production. All appraisals shall be signed by the owner and the appraisers and shall be reported to the department. Compensation for appraisers shall be $2.50 per day and their necessary traveling expenses, which compensation shall be borne by the owner in case the appraisers fail to increase the valuation made by the department; otherwise, the appraisers shall be paid by the department. The amount of indemnification having thus been ascertained, the owner may present to the state comptroller a claim against the State therefor. A warrant for the payment of the claim shall be made upon vouchers approved by the department and supported by the inspector's report on the presence or otherwise of tubercular lesions; provided that no indemnification shall be paid: (1) Unless the owner has cooperated with the department in complying with all rules and regulations issued by the department relative to the control and eradication of bovine tuberculosis and has presented the owner's whole herd for testing; (2) For any animal which has been placed in herds known to be infected at the time, unless the animal is found upon post mortem not to be tubercular; (3) For any imported animal condemned on retest while in quarantine and before release from quarantine unless the animal is found upon post mortem not to be affected with tuberculosis; (4) On any animal if introduced into a herd under supervision within a period of less than six months prior to condemnation, unless the animal was obtained from a herd under state and federal supervision for the eradication of tuberculosis; (5) For any animal condemned for tuberculosis in any dairy herd under supervision where it appears that any untested animal has been allowed to mingle or mix with the herd; and (6) For any animal from any dairy herd under supervision, if any animal from the herd is allowed to mingle or come in contact with other cattle not under supervision, unless the cattle not under supervision are proved by the tuberculosis test to be free from tuberculosis. In case of any report or ruling adverse to the owner thereof, the owner shall be given a hearing before the department before a final ruling is made. [L 1923, c 124, §4; RL 1925, §629; am L 1927, c 215, §2; am L 1929, c 99, §1; am L Sp 1932 2d, c 39, §3; am L 1933, c 57, §2; RL 1935, §225; RL 1945, §1079; RL 1955, §20-20; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-19; gen ch 1985; am L 2025, c 236, §17]

HRS §142-20 Premises from which tuberculous cattle removed to be disinfected

142-20. Premises from which tuberculous cattle removed to be disinfected Any premises upon which have been kept animals affected with tuberculosis shall be disinfected promptly after the removal of the animals and in a manner satisfactory to the department of agriculture and at the expense of the owner. [L 1923, c 124, §5; RL 1925, §630; RL 1935, §226; RL 1945, §1080; RL 1955, §20-21; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-20]

HRS §142-21 Cooperation with federal authorities

142-21. Cooperation with federal authorities The department of agriculture 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 conformity with the regulations of the United States Department of Agriculture. [L 1923, c 124, §6; RL 1925, §631; RL 1935, §227; RL 1945, §1081; RL 1955, §20-22; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-21; am L 1986, c 6, §1]

HRS §142-22 Anaplasmosis; indemnity for slaughtered cattle

142-22. Anaplasmosis; indemnity for slaughtered cattle The department of agriculture 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 cattle reacting positively to the anaplasmosis test and sent to slaughter within thirty days of official notification in writing of the reaction; provided that in no case shall this amount exceed $100 per animal; and provided further that no indemnity shall be paid for steers, spayed heifers, or unregistered bulls. The department may agree with the owner of any animal as to the valuation thereof. In case no agreement can be reached as to the valuation of any animal, the department shall choose some disinterested citizen, the owner another, and the two so chosen shall designate a third, the three to act as appraisers who shall appraise such animal and whose decision or the decision of a majority thereof shall be final. All appraisals of cattle under this section, whether by agreement or by the appraisers, shall be based upon the market value of the animal so condemned on the day of appraisal, whether for breeding purposes or for milk production. All appraisals shall be signed by the owner and the appraisers and shall be reported to the department. Compensation for appraisers shall be $10 per day and their necessary traveling expenses, which compensation shall be borne by the owner in case the appraisers fail to increase the valuation made by the department; otherwise the appraisers shall be paid by the department. The amount of indemnification having been thus ascertained, the owner may present to the state comptroller a claim against the State therefor. A warrant for the payment of the claim shall be made upon vouchers approved by the department and supported by the inspector's report; provided that no indemnification shall be paid: (1) Unless the owner has cooperated with the department in complying with all rules and regulations issued by the department relative to the control and eradication of anaplasmosis and has presented the owner's whole herd for testing; (2) For any animal which has been placed in herds known to be infected at the time; (3) For any imported animal condemned on retest while in quarantine and before release from quarantine; (4) On any animal if introduced into a herd under supervision within a period of less than six months prior to condemnation, unless the animal was obtained from a herd under state and federal supervision for the eradication of anaplasmosis; (5) For any animal condemned for anaplasmosis in any herd under supervision where it appears that any untested animal has been allowed to mingle or mix with the herd; and (6) For any animal from any herd under supervision, if any animal from the herd is allowed to mingle or come in contact with other cattle not under supervision, unless the cattle not under supervision are proven by the anaplasmosis test to be free from anaplasmosis. [L 1955, c 244, §2; RL 1955, §20-22.5; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-22; gen ch 1985]

HRS §142-23 Brucellosis testing; indemnity for slaughtered cattle

142-23. Brucellosis testing; indemnity for slaughtered cattle The department of agriculture may institute and conduct a brucellosis testing program. The department may pay indemnities to owners of cattle sent to slaughter as reactors to the brucellosis test. The payment shall be in the amount of one-third of the difference between the appraised value of each animal slaughtered and the salvage value thereof to owners of cattle reacting positively to the brucellosis test and sent to slaughter; provided that in no case shall this amount exceed $75 per animal; and provided further that no indemnity shall be paid for steers and spayed heifers. The department shall prescribe and enforce rules under which the amount of indemnification shall be ascertained, pursuant to this section. The amount of indemnification having been thus ascertained, the owner may present to the state comptroller a claim against the State therefor. A warrant for the payment of the claim shall be made upon vouchers approved by the department and supported by the inspector's report. The department may take such action that it may deem necessary to further the provisions of this section over any ensuing fiscal period. [L 1957, c 229, §§1-3; am L 1957, c 152, §1; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §20-22.8; HRS §142-23]

HRS §142-23.1 Hog cholera eradication; indemnity

142-23.1. Hog cholera eradication; indemnity When swine are destroyed by the state veterinarian as being infected with hog cholera, or when noninfected swine are ordered destroyed to depopulate an infected herd in accordance with procedures adopted in the national hog cholera eradication program, the department of agriculture and biosecurity may indemnify the owners of such swine; provided that the amount of the indemnity shall not exceed fifty per cent of the difference between the appraised value and the salvage value of the slaughtered swine; and provided further that in no case shall the amount exceed the maximum amount authorized to be paid for such swine by the federal government. No indemnification shall be paid when the state veterinarian finds that (1) the owner has not cooperated with the department in complying with all rules and regulations issued by the department relative to the control and eradication of hog cholera; or (2) the swine died of hog cholera prior to the first report by the owner to the state veterinarian of the existence of a disease in the herd. The determination of the state veterinarian that no indemnification be paid the owner for the destruction of the owner's swine, may be appealed by the owner to the board of agriculture and biosecurity within twenty days after notice of such determination is sent to the owner. The board shall hold a hearing in accordance with chapter 91. Valuation may be determined by agreement in writing between the owner and the state veterinarian, the state veterinarian's assistant or deputy making the diagnosis of hog cholera, subject to approval by the board. In the event agreement on valuation cannot be so reached, valuation shall be determined by a board of appraisers consisting of a disinterested citizen appointed by the chairperson of the board of agriculture and biosecurity, a person selected by the owner, and a third person selected by the two initially selected appraisers. The board of appraisers shall appraise the value of the destroyed swine and the decision of a majority of the board of appraisers shall be final and binding. All valuation of swine under this section, whether by agreement or by the board of appraisers, shall be based upon the market value of the swine so destroyed as of the date of appraisal, whether for breeding or feeding purposes. Compensation for the board of appraisers shall be the amount of the state per diem and necessary travel expenses, which compensation shall be paid by the owner if the board of appraisers does not increase the valuation made by the state veterinarian, the state veterinarian's assistant or deputy, with the approval of the board of agriculture and biosecurity; otherwise, it shall be paid by the department. When the amount of indemnification has been agreed to or decided by the board of appraisers, the owner shall present to the state comptroller a claim against the State therefor. A warrant for the payment of such claim shall be issued upon vouchers approved by the chairperson of the board and supported by the inspector's report. [L 1969, c 165, §2; am L 1970, c 39, §1; gen ch 1993; am L 2025, c 236, §§17, 18]

HRS §142-23.5 Garbage feeding prohibited; penalty

142-23.5. Garbage feeding prohibited; penalty (a) The feeding of garbage to swine is prohibited, unless: (1) A permit to process (cook) garbage for such use is obtained from the department of agriculture's division of animal industry; and (2) The garbage has been processed (cooked) under conditions and procedures established by departmental rules. (b) Any person who violates the provisions of subsection (a) of this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1982, c 148, §1]

HRS §142-28.5 Animal quarantine special fund

142-28.5. Animal quarantine special fund There is established the animal quarantine special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from: (1) Fees for the quarantine of cats, dogs, and other carnivores pursuant to this chapter; (2) Moneys received for the use of animal quarantine property or facilities pursuant to section 142-3.5; or (3) State appropriations or other moneys made available, shall be deposited into the special fund. All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended to cover all costs of quarantine but not limited to the costs of salaries, fringe benefits, operating expenses, including the defraying of quarantine fees, equipment, motor vehicles, contract with any qualified person or entity for animal care services, operation and maintenance of the quarantine station, and promotional expenses. A reserve shall be appropriated and maintained in the special fund to cover contingency costs, including but not limited to accrued vacation leave, unemployment insurance, and workers' compensation. [L 1998, c 210, §1; am L 2000, c 278, §2; am L 2005, c 161, §3; am L 2011, c 185, §3; am L 2025, c 236, §18]

HRS §142-29 Enforcement; citation and summons

142-29. Enforcement; citation and summons Violations of the provisions of this chapter or of any rule adopted pursuant thereto may be enforced by citation and summons issued by: (1) Any state or county law enforcement officer; or (2) Any officer or employee of the department of agriculture and biosecurity, authorized and designated by the board of agriculture and biosecurity to investigate and enforce the provisions of this chapter and all rules adopted by the department pursuant thereto. [L 1972, c 86, pt of §1; gen ch 1985; am L 1986, c 264, §1; am L 1997, c 62, §2; am L 2025, c 236, §§17, 18]

HRS §142-30 Form of citation and summons

142-30. Form of citation and summons (a) In issuing citations and summons for violations of this chapter, law enforcement officers other than those described in section 142-29(2) shall use the summons and complaint citation books issued by the judiciary for violations of the traffic code. (b) Citations issued by officers and employees as described in section 142-29(2) shall use citation and summons forms that shall warn the person to appear and answer the charge against the person at a place and at a time within thirty days after the citation. The citation and summons shall be so designed to include all necessary information to make it valid and legal under the laws and rules of the State. The citation and summons shall be in a form that allows a carbon copy to be provided to the accused. The district courts may provide for the disposition of the original and any other copies. Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original. [L 1972, c 86, pt of §1; am L 1986, c 17, §1; am L 1997, c 62, §3]

HRS §142-31 Administration of oath

142-31. Administration of oath When a complaint is made by officers and employees as described in section 142-29(2) to any prosecuting officer of the violation of the provisions of this chapter and all rules adopted pursuant thereto, the officer or employee who issued the citation and summons shall subscribe to it under oath administered by another official of the department of agriculture and biosecurity whose name has been submitted to the prosecuting officer and who has been designated by the chairperson of the board of agriculture and biosecurity to administer oaths. [L 1972, c 86, pt of §1; am L 1986, c 18, §1; gen ch 1993; am L 1997, c 62, §4; am L 2025, c 236, §§17, 18]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0142/HRS_0142-.htmFetched: 11/10/2026