The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
chapter-142•Hawaii Revised Statutes, Chapter 142 — Animals, Brands, and Fences
chapter-142Haw. Rev. Stat. ch. 142CodeJan 1, 1869
Division 1. Government — Title 11. Agriculture and Animals
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
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 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; am L 2025, c 236, §17]
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. 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, the registration and inspection of brands or marks on livestock, 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 that 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; am L 2025, c 235, §7 and c 236, §17]
(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]
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 party;
(2) The property or facilities shall be leased or rented at a reasonable lease rent as determined by the board of agriculture and biosecurity;
(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 and biosecurity's division of animal industry.
[L 2005, c 161, §2; am L 2008, c 109, §1; am L 2011, c 185, §2; am L 2025, c 236, §§17, 18]
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 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;
(3) Fines, fees, costs, and damages recovered by the department of agriculture [and biosecurity] under section 142-32;
(4) Fees for applications to register a brand or mark pursuant to section 142-41; and
(5) Appropriations or other moneys made available,
shall be deposited into the special fund. Fines collected under section 708-823.2 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; am L 2025, c 235, §9 and c 236, §18]
(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]
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]
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 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; am L 2025, c 236, §17]
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]
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 disease. The department of agriculture and biosecurity 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; am L 2025, c 236, §17]
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]
(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's use during transit, shall be removed from the wharf or airport until the department of agriculture and biosecurity has inspected and passed the same. The department of agriculture and biosecurity, at the owner's or shipper's expense, may require that the animal be moved to a more suitable location for inspection.
(b) A person who violates this section shall be guilty of a misdemeanor.
[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; am L 2025, c 235, §11 and c 236, §17]
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.
[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; am L 2025, c 236, §17]
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]
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]
(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 or imprisonment of thirty days or less, but not less than three consecutive days, or both;
(2) For an offense that occurs within five years of a previous conviction for an offense under the same section, a fine of not less than $500 or imprisonment of thirty days or less, but not less than ten days, or both; and
(3) For an offense that occurs within five years of two or more previous convictions for offenses under the same section, a fine of $1,000 or imprisonment of thirty days, or both.
(b) Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a 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 $500 or imprisonment of one year or less, but not less than five consecutive days, or both;
(2) For an offense that occurs within five years of a previous conviction for an offense under the same section, a fine of not less than $1,000 or imprisonment of one year or less, but not less than thirty days, or both; and
(3) For an offense that occurs within five years of two or more previous convictions for offenses under the same section, a fine of $2,000 or imprisonment of one year, or both.
(c) Any provision of this chapter or any rule adopted pursuant to this chapter that is not specifically designated as a petty misdemeanor, misdemeanor, or felony, shall be enforced via civil or administrative means.
(d) Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a violation of this chapter, or that facilitated or assisted the activity, and any proceeds or other property acquired or maintained with the proceeds from a violation of this chapter may be ordered forfeited to the State, subject to the requirements of chapter 712A.
[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; am L 2025, c 235, §12]
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.
[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; am L 2025, c 236, §17]
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]
[Repealed]
[L 1986, c 269, §1]
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]
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]
(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 under the direct supervision of the department of agriculture [and biosecurity] and in accordance with the meat inspection regulations of the United States Department of Agriculture.
(b) Any person who fails to segregate tuberculous animals or deliver them for slaughter shall be guilty of a misdemeanor.
[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; am L 2025, c 235, §13 and c 236, §5]
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]
(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.
[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; am L 2025, c 235, §14 and c 236, §17]
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 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; am L 2025, c 236, §6]
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 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; am L 2025, c 236, §17]
The department of agriculture and biosecurity 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; am L 2025, c 236, §17]
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]
(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 and biosecurity'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 subsection (a) shall be guilty of a misdemeanor.
[L 1982, c 148, §1; am L 2025, c 235, §15 and c 236, §17]
L 1993, c 280, §8.
[Repealed]
[L 1998, c 210, §2]
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]
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]
(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]
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]
(a) Except as otherwise provided by law, the department of agriculture [and biosecurity] may set, charge, and collect administrative fines, fees, and costs for any violation of this chapter for which a penalty is not otherwise provided, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.
(b) For any administrative violation of this chapter or any rule adopted thereunder, unless provided otherwise by law, the fine shall be as follows:
(1) For a first violation, or any violation not preceded within a five-year period for the same violation, a fine of not more than $200;
(2) For a second violation within five years of a previous violation, a fine of not more than $500; and
(3) For a third or subsequent violation within five years of a previous violation, a fine of not more than $1,000.
Each day or instance of violation shall constitute a separate violation.
(c) The board of agriculture [and biosecurity] may impose applicable fines by order in addition to any other administrative or judicial remedy provided by this chapter or any rule adopted thereunder.
(d) For any judicial proceeding to recover a fine, fee, or cost imposed under this section, the chairperson of the board of agriculture [and biosecurity] need only show that:
(1) Notice was given and a hearing was held or the time granted for requesting a hearing has expired without receiving a request;
(2) The fine, fee, or cost was imposed; and
(3) The fine, fee, or cost remains unpaid.
(e) In addition to any other administrative or judicial remedy provided in this chapter or any rule adopted thereunder, the department of agriculture [and biosecurity] 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.
(f) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees, or costs or damages against the person. Any civil legal action to recover administrative fines, fees, or costs or damages for a violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. Unless otherwise provided, all fines, fees, costs, and damages recovered by the department of agriculture [and biosecurity] pursuant to this section shall be deposited in the animal industry special fund established under section 142-3.6.
[L 2025, c 235, pt of §5]
(a) A person commits the offense ofhabitual agricultural crime if the person is a habitual agricultural crime perpetrator and commits a criminal offense under this chapter.
(b) For the purposes of this section, "habitual agricultural crime perpetrator" means a person who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section. The convictions shall be for separate incidents on separate dates. The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.
(c) Habitual agricultural crime is a class C felony.
(d) For a conviction under this section, the sentence shall be either:
(1) An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be not less than one year; or
(2) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section.
[L 2025, c 235, pt of §5]
(a) Every owner of livestock in the State shall have the owner's brand or mark, in order to secure its validity and individuality, recorded in a separate book kept for that purpose by the department of agriculture and biosecurity to be known as the "Hawaii Brand Book". No brand or mark shall be recorded that may be similar or approximate in design to any brand or mark that has been previously recorded. No record shall be made of any earmark, except only as supplemental identification of a brand. Numerals from 1 to 9 and 0, not used in combination or with symbols, as a brand, shall not be subject to preemptive use but shall be the common property of all persons.
(b) The department of agriculture and biosecurity shall establish, by rule adopted pursuant to chapter 91, a fee for each application to register a brand or mark. The application may be made directly to the department of agriculture and biosecurity, through its duly authorized agents, or through any duly authorized police officer. The chief of police of the respective counties shall authorize police officers to receive applications for registration of brands under this section. All moneys received under this section shall be deposited with the director of finance who shall deposit the moneys into the animal industry special fund established pursuant to section 142-3.6. A signed and dated receipt shall be issued for each paid application. All applications shall be promptly forwarded to the department of agriculture and biosecurity.
(c) If it is determined that the application seeks the registration of a brand that either has not already been recorded by another person or is not similar in design to any other previously recorded brand that has not expired, then a certificate showing that the brand or mark has been duly recorded shall be issued forthwith to the applicant.
(d) It shall be unlawful for any person to use any brand that has not been duly registered pursuant to this section and any rule adopted thereunder. Any person who violates this subsection shall be fined not more than $200. Each instance a brand is used in violation of this subsection shall constitute a separate violation.
[L 1888, c 35, §19; am L 1911, c 58, §1; RL 1925, §681; RL 1935, §259; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §1068; am L 1953, c 235, §1(a); am L 1955, c 73, §1(a); RL 1955, §20-40; am L Sp 1959 2d, c 1, §§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1; HRS §142-41; am L 1982, c 149, §1; gen ch 1985; am L 2025, c 235, §16 and c 236, §17]
Each brand registered under section 142-41 shall expire on December 31, 1960, and at each five year interval thereafter unless reregistered during the one hundred twenty days preceding date of expiration.
[L 1893-4, c 57, §1; RL 1925, §682; RL 1935, §260; RL 1945, §1069; am L 1955, c 73, §1(b); RL 1955, §20-41; HRS §142-42]
The department of agriculture and biosecurity shall determine conflicting claims by the applicants for a brand of similar or approximate design and in so doing shall be guided by the length of time each has used the brand, record of original registration, the number of animals then branded by each, and the priority of application.
[L 1892, c 55, §1; RL 1925, §683; am L 1927, c 57, §1; RL 1935, §261; RL 1945, §1070; am L 1953, c 235, §1(b); am L 1955, c 73, §1(c); RL 1955, §20-42; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-43; am L 2025, c 236, §17]
All cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, not marked or branded, which may be running wild at any time on any lands in the State, shall belong to and be the property of the owners or lessees of the lands on which the animals are then running.
[L 1870, c 30, §1; am L 1874, c 27, §1; RL 1925, §684; RL 1935, §262; RL 1945, §1071; am L 1951, c 32, §1; RL 1955, §20-43; HRS §142-44]
It shall be unlawful for any person other than the registered owner to use any brand or mark that has been duly registered or reregistered according to law and for which the registration or reregistration has not expired, except by the consent of the registered owner, the registered owner's personal representatives or assigns. Any person violating this section shall be fined $200 for each animal so branded or marked.
[L 1888, c 35, §20; am L 1903, c 8, §2; RL 1925, §685; RL 1935, §263; RL 1945, §1072; am L 1953, c 235, §1(c); RL 1955, §20-44; HRS §142-45; am L 1976, c 200, pt of §1; am L 1984, c 8, §1; gen ch 1985]
It shall be unlawful for any person to use any brand that has not been duly registered according to law. Any person using any brand that has not been duly registered according to law shall be fined not less than $1 nor more than $200 for each animal so branded.
[L 1893-4, c 39, §1; am L 1903, c 8, §2; RL 1925, §686; RL 1935, §264; RL 1945, §1073; RL 1955, §20-45; HRS §142-46; am L 1984, c 8, §2]
Any person who alters, removes, or obliterates any brand or mark, on any animal, by placing another brand or mark over the same, or otherwise, shall be fined not more than $500 for every brand or mark so altered, removed, or obliterated.
[PC 1869, c 83, §2 (same as CC 1859, §249); RL 1925, §687; RL 1935, §265; RL 1945, §1074; RL 1955, §20-46; HRS §142-47; am L 1984, c 8, §3; am L 2025, c 235, §17]
Any person who intentionally or knowingly places their own brand or mark on any kine, horse, mule, sheep, goat, or other cattle belonging to another or places the brand or mark of anyone other than the animal's owner with the intent to convert it to one's own use or to the use of another shall be guilty of a class C felony and, in addition to any other penalties imposed by the court, be fined not less than $1,000 for each kine, horse, mule, sheep, goat, or other cattle thus branded or marked.
[PC 1869, c 25, §1; am L 1903, c 12, §1; RL 1925, §688; RL 1935, §266; RL 1945, §1075; RL 1955, §20-47; HRS §142-48; gen ch 1985; am L 2025, c 235, §18]
(a) Every owner, upon sale or transportation of livestock, including cattle, horses, sheep, goats, pigs, bison, or llamas, shall complete a certificate describing the animal or animals including sex, breed, age, and brand and indicating the seller or owner, buyer or consignee, and origin and destination. Two copies of the certificate shall accompany the shipment, one copy shall be given or electronically transmitted to the department of agriculture and biosecurity, and one copy shall be retained by the owner. One of the copies of the certificate shall be presented upon request to a law enforcement officer or other officer or employee as described in section 142-29.
(b) Any person who violates this section upon the sale of livestock, transport of livestock to slaughter, or transport of livestock interisland or interstate shall be assessed an administrative penalty of up to $500 per animal moved without a certificate.
[L 1986, c 62, §1; am L 1997, c 62, §5; am L 2025, c 235, §19 and c 236, §17]
As used in this part:
"Brand" means a design that is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron.
"Mark" means a design that is cut into or from the ear, dewlap, or other part of an animal.
[L 2025, c 235, pt of §6]
No person shall allow livestock to enter a livestock harvesting establishment that slaughters or processes livestock meat and meat products unless the establishment's management has conducted a prior examination and inspection to verify the brand on animals match the ownership of the consignee, collects a copy of and confirms the brand with the ownership of the livestock ownership and movement certificate pursuant to section 142-49. The establishment's management may seek assistance from the department of agriculture [and biosecurity] or a law enforcement officer if ownership determination via brand inspection is in question, or violation or theft is suspected. Livestock ownership and movement certificates that correlate with all livestock harvested at the plant shall be submitted by the establishment's management to the department of agriculture [and biosecurity] weekly.
[L 2025, c 235, pt of §6]
(a) Every fence made of stone, posts and rails, posts and boards, posts and wire, or other suitable materials shall be a lawful fence; provided that the lawful fence shall be no less than four feet in height, substantially built, strong and close, existing in good state of repair, and capable of turning either all stock or all stock excepting swine, attempting to pass through the fence.
(b) Woven wire, or what is otherwise known also as hog-wire, used as a type of wire by itself or with a combination of barbed wire or plain wire, when supported on posts and properly fastened thereto and meeting the minimum height and stock turning requirements prescribed in subsection (a), shall be a lawful fence.
(c) A battery-charged security fence used for non-agricultural purposes shall be a lawful fence; provided that the battery-charged security fence:
(1) Interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the property owner or law enforcement in response to an intrusion or any unauthorized entry;
(2) Is located on property that is not designated by a county exclusively for residential use;
(3) Has an energizer that is powered by a commercial storage battery that is no more than twelve volts of direct current;
(4) Has an energizer that meets the standards set forth in the most current edition of the International Electrotechnical Commission Standard 60335-2-76;
(5) Is completely surrounded by a non-electric perimeter fence or wall that is no less than five feet in height;
(6) Does not exceed ten feet in height or is not two feet higher than the non-electric perimeter fence or wall identified in paragraph (5), whichever is higher; and
(7) Is marked with conspicuous warning signs that are located on the battery-charged security fence at no more than thirty-foot intervals and that read: "WARNING -- ELECTRIC FENCE".
(d) Notwithstanding any law to the contrary, no county shall adopt or enforce an ordinance that:
(1) Requires a permit or fee for the installation or use of a battery-charged security fence that is in addition to any permit for an alarm system that may be issued by the county;
(2) Imposes installation or operational requirements for a battery-charged security fence that are inconsistent with the requirements set forth in subsection (c); or
(3) Prohibits the installation or use of a battery-charged security fence.
(e) As used in subsections (c) and (d):
"Alarm system" means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated.
"Battery-charged security fence" means an alarm system and ancillary components, or equipment attached to such a system, including but not limited to:
(1) A fence;
(2) A battery-operated energizer that is intended to periodically deliver voltage impulses to the fence to which it is connected; and
(3) A battery charging device used exclusively to charge the battery.
(f) The sea, rivers, ponds, and natural perpendicular bluffs, whenever impassable, shall be lawful fences.
(g) Whenever fences are built on any boundary, or within the exterior boundaries of any privately owned land or lot, or within the exterior boundaries of any leased public land or lot, to keep animals confined to certain areas or to keep farms protected against the trespass of animals, except on the boundary of any government road, it shall be lawful to have fence wire electrically charged; provided that the wire is fastened to insulators supported on posts; provided further that the charge supplied shall be through an approved electric fence controller that shall be labeled or listed as conforming to the standards of either the National Institute of Standards and Technology, the Underwriters Laboratories, Inc., or any other similar institutions of recognized standing; provided that an electric fence controller intended for use in the State shall bear a recognized commercial trade name and the name of the selling agency of same.
(h) Whenever fences are built on any boundary, including on the boundary of any government road, within the exterior boundaries of any privately owned land or lot, or within the exterior boundaries of any leased public land or lot, to keep animals confined to certain areas or to keep farms protected against the trespass of animals, it shall be lawful to attach electrically charged attachments to the interior side of the fence; provided that in the case of wire fences, it shall be lawful to attach electrically charged attachments only to the interior side of posts supporting the wire; provided further that no person shall be subject to injury by the electrically charged attachments while the person is on or touches the exterior side of the fence or fence posts.
(i) Any person who constructs or maintains an electrically charged fence or fence with electrically charged attachments not conforming to the requirements of this section shall be guilty of a misdemeanor.
(j) Any person who constructs or maintains an electrically charged fence or fence with electrically charged attachments along the boundary of any government road or within the exterior boundaries of any leased public land or lot shall defend, indemnify, and hold harmless, the State, county, or other public entity from all claims, suits, or judgments arising from the use of an electrically charged fence or fence with electrically charged attachments.
[L 1907, c 125, §10; RL 1925, §698; RL 1935, §276; am L 1941, c 284, §1; RL 1945, §1082; RL 1955, §20-60; HRS §142-61; am L 1984, c 210, §1; am L 1990, c 23, §2; am L 2012, c 34, §6; am L 2023, c 214, §1; am L 2025, c 235, §20]
If any person maliciously and designedly opens a gateway, or breaks a fence, so as to allow any animal ingress or egress, so that it may commit a trespass, or maliciously and designedly drives or leads any animal into another locality where it may commit a trespass, the person shall, for every offense, be guilty of a petty misdemeanor.
[L 1907, c 125, §11; RL 1925, §699; RL 1935, §277; RL 1945, §1083; RL 1955, §20-61; HRS §142-62; gen ch 1985; am L 2025, c 235, §21]
If any cattle, horse, mule, ass, swine, sheep, or goat, trespasses on any properly fenced cultivated ground, the owner thereof shall pay upon proof, the full amount of the damage or loss to the landowners, or to any person in possession of the land, whoever suffers the damage or loss.
[L 1907, c 125, §12; RL 1925, §700; RL 1935, §278; RL 1945, §1084; RL 1955, §20-62; HRS §142-63; am L 1975, c 40, pt of §1]
If any of the animals mentioned in section 142-63 trespasses on any unfenced cultivated ground, the owner thereof shall pay upon proof, the full amount of the damage or loss to the landowner or to any person in possession of the land, whoever suffers the damage or loss.
[L 1907, c 125, §13; RL 1925, §701; RL 1935, §279; RL 1945, §1085; RL 1955, §20-63; HRS §142-64; am L 1975, c 40, pt of §1]
If any of the animals mentioned in section 142-63 trespasses on any properly fenced uncultivated land, the owner of the animals shall pay upon proof, the full amount of the damage or loss to the landowner or to any person in possession of the land, whoever suffers the damage or loss.
[L 1907, c 125, §14; RL 1925, §702; RL 1935, §280; RL 1945, §1086; RL 1955, §20-64; HRS §142-65; am L 1975, c 40, pt of §1]
If any animal mentioned in section 142-63 trespasses or strays on any of the government roads bounded on both sides by legal fence, or upon any government land which is not used for animal husbandry situated in the counties of Hawaii, Maui and Kauai and the city and county of Honolulu, any police officer or such person as may be thereunto authorized by ordinance of the councils of said counties and city and county, may take up the animal and impound the same as said councils shall provide. The owner of the animals so taken up or impounded shall pay to the police officer or such person as may be authorized fees as provided in section 142-70 hereof. In addition, if any damage is done by the animals to a government road or land or improvements thereon, the owner thereof shall further pay such amount as shall be fixed by the directors of finance of said counties or city and county. In case the charges and pound fees are not paid, the animals impounded shall be sold at public auction as provided by any ordinance relating thereto.
[L 1907, c 125, §15; am L 1919, c 219, §1; RL 1925, §703; RL 1935, §281; RL 1945, §1087; am L 1947, c 15, §1; RL 1955, §20-65; HRS §142-66; am L 1974, c 63, §1]
[Repealed]
[L 1987, c 58, §2]
In case cattle, horses, mules, asses, sheep, swine, or goats trespass on any land, the owner of the animals, if known, shall be notified by the owner or occupier of the land trespassed upon, and if the owner of the animals does not remove them within twenty-four hours, if the animals are trespassing on a homesite, garden, or truck farm, or within forty-eight hours, if the animals are trespassing on any other type of land, the owner of the animals shall be subject to penalties as provided in section 142-12.
[L 1945, c 266, §1; RL 1955, §20-67; HRS §142-68; gen ch 1985; am L 1987, c 58, §1]
Every person on whose land any stallion of twelve months old or upwards is found trespassing, may, without any notice, cause the stallion to be impounded, and the owner shall pay to the person upon whose land the trespass is committed $10 for every trespass, to be collected by the pound keeper as provided by any ordinance relating thereto.
[L 1907, c 125, §17; RL 1925, §705; RL 1935, §283; RL 1945, §1089; RL 1955, §20-68; HRS §142-69]
In all cases when animals are taken up for trespass, the actual expenses reasonably incurred, which shall include, but not be limited to allowances for employees' wages, equipment cost, transportation cost, feeding cost, cost of advertising notice, and other costs related to the catching, driving and conveying of animals, to be established by ordinance by the councils of the counties of Hawaii, Maui and Kauai and the city and county of Honolulu, in addition to forfeits and damages specified in the preceding sections of this part may be assessed against the owner of the animals.
[L 1907, c 125, §18; am L 1923, c 137, §1; RL 1925, §706; RL 1935, §284; RL 1945, §1090; am L 1947, c 15, §2; RL 1955, §20-69; HRS §142-70; am L 1974, c 63, §2]
Where any animals are taken up for trespass, the owner, if known, shall be immediately notified, if reasonably practicable, of the fact, and of the amount of damage and trespass fees claimed, and if the owner refuses or fails to pay the legal charges, or in case the owner is unknown, then the animals shall be impounded forthwith.
[L 1907, c 125, §19; RL 1925, §707; RL 1935, §285; RL 1945, §1091; RL 1955, §20-70; HRS §142-71; gen ch 1985]
If the owner of any animal taken up for trespass has reason to believe that the taking up or impounding of the animal was illegal, or if the owner regards the claim for damages or expenses as excessive, the owner may have the owner's animal returned to the owner upon the owner delivering to the landowner or to the pound keeper a certificate from any district judge of the circuit in which the animal was impounded, stating that the owner has deposited with the judge the amount claimed by the landowner, together with the pound fees, if any, or a good and sufficient bond for the same and the costs of an action before the judge.
[L 1907, c 125, §20; RL 1925, §708; RL 1935, §286; RL 1945, §1092; RL 1955, §20-71; HRS §142-72; am L 1970, c 188, §§39, 40; am L 2018, c 18, §3; am L 2025, c 235, §22]
The judge shall upon receiving the amount claimed, including pound fees, if any, or a good and sufficient bond for the amount, and the costs of the action, issue the required certificate, and at the same time summon the parties to appear before the judge with their witnesses; and after a fair hearing the judge shall decide between them. No appeal shall be allowed from the judge's decision unless taken and perfected within five days after the decision has been rendered. In case of appeal the judge shall send up the costs deposited, and the amount claimed or the bond given in lieu of the amount, to the appellate court together with the certificate of appeal. If it appears on trial that the impounding was illegal, the landowner shall be compelled to pay the pound fees.
[L 1907, c 125, §21; RL 1925, §709; RL 1935, §287; RL 1945, §1093; RL 1955, §20-72; HRS §142-73; am L 1970, c 188, §39]
(a) If any dog, while on private property without the consent of the owner of that property, injures or destroys any sheep, cattle, goat, hog, fowl, or other property belonging to any person other than the owner of the dog, the owner of the dog shall be liable in damages to the person injured for the value of the property so injured or destroyed. The owner of the dog shall confine or destroy the dog, and if the owner of the dog neglects or refuses to do so, the owner of the dog, in the event of any further damage being done to the person or property of any person by the dog, in addition to paying the person injured for the damage, shall be guilty of a misdemeanor and pay the costs of the trial, and it shall be lawful for any other person to destroy the dog.
(b) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.
[PC 1869, c 23, §9; RL 1925, §667; RL 1935, §252; RL 1945, §1094; RL 1955, §20-73; HRS §142-74; gen ch 1985; am L 1986, c 64, §1; am L 2001, c 222, §1; am L 2025, c 235, §23]
(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident.
(b) Whenever a dog has bitten a human being under circumstances for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of the dog in the district court of the judicial circuit in which the owner resides, to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bite or bites have been changed so as to remove the danger to other persons presented by the animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including but not limited to the removal of the animal from the area or its destruction by its owner. In making its decision, the court may consider:
(1) The vicious or dangerous propensities of the animal;
(2) The ability of the owner to adequately confine or remove the animal; and
(3) The necessity of any destruction of an animal in light of the health, safety, and welfare of the community.
This section shall not preclude any existing common law remedies.
(c) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.
[L 1980, c 283, §2; am L 2001, c 222, §2; am L 2021, c 30, §2]
(a) No person shall shoot or otherwise destroy any animal ferae naturae or its progeny within ten years of the introduction of the species into the State.
(b) Nothing in this section shall be construed to prohibit the destruction of animals that are proven to be common nuisances.
(c) Any person who violates this section shall be guilty of a misdemeanor.
[PC 1869, c 85, pt of §8; am L 1870, c 13, §2; RL 1925, §668; RL 1935, §253; RL 1945, §1095; RL 1955, §20-90; HRS §142-91; am L 1986, c 268, §1; am L 2025, c 235, §24]
It shall be unlawful for any person to introduce, keep or breed any mongoose within the State except upon and according to the terms of a written permit which may be granted therefor by the department of agriculture and biosecurity, in its discretion, to scientists, scientific institutions, associations, or colleges, or to officers, boards, or commissions of the State or any county. The department shall not issue a permit authorizing the keeping or breeding of mongoose within either the county of Kauai or the island of Lanai. Any person who violates this section shall be fined not less than $250 nor more than $1,000 for each mongoose introduced, kept or bred contrary to this section.
[L 1892, c 48, §1; am L 1903, c 8, §2; RL 1925, §672; RL 1935, §257; am L 1937, c 185, §1; RL 1945, §1096; RL 1955, §20-91; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-92; am L 1986, c 8, §2; am L 2025, c 236, §17]
Any person harboring, feeding, or in any way caring for a mongoose, except upon and according to the terms of a written permit that may be granted by the department of agriculture and biosecurity, in its discretion, to scientists, scientific institutions, associations, or colleges, or to officers, boards, or commissions of the State or any county, shall be guilty of a misdemeanor.
[L 1907, c 137, §7; RL 1925, §680; RL 1935, §258; am L 1937, c 185, §2; RL 1945, §1097; RL 1955, §20-92; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-93; am L 1986, c 8, §3; am L 2025, c 235, §25 and c 236, §17]
No person shall be prohibited from killing a mongoose in any manner not prohibited by law, including by trapping.
[L 1986, c 8, §1]
Any police officer or other person may destroy any rabbit or Belgian hare found unconfined and no officer or other person destroying any rabbits or Belgian hares so found shall be liable for any damages for such destruction to any person claiming the ownership of the animals; provided that no officer or other person shall enter any inhabited enclosure for the purpose of taking or destroying any rabbits or Belgian hares without authority of law or under a warrant duly issued.
[L 1890, c 61, §3; am L 1917, c 50, §4; RL 1925, §671; RL 1935, §256; RL 1945, §1100; RL 1955, §20-93; HRS §142-94]
(a) Any person who breeds, raises, or keeps rabbits or Belgian hares shall keep them off the ground.
(b) Any person who violates this section shall be guilty of a petty misdemeanor.
[L 1957, c 298, §§1, 2; Supp, §20-94; HRS §142-95; am L 2025, c 235, §26]
Whoever frightens, exasperates, or animates a horse or other animal, and thereby endangers the personal safety or the personal property of any person, or the animal itself, being that of another, shall, in case the personal safety of any person is thereby imminently endangered, be fined not less than $5 nor more than $500; or in case the personal safety of any person is not so endangered, be fined not less than $5 nor more than $100.
[PC 1869, c 26, §4; RL 1925, §4393; RL 1935, §6285; RL 1945, §11704; RL 1955, §311-4; HRS §142-96]
Whoever drives, leads, or otherwise conducts any wild bull, bullock, cattle, or other ferocious or dangerous animal in the street of any village, or in any place of public resort, shall, in case the personal safety of any person is thereby imminently endangered, be fined not less than $5, nor more than $500, or in case the personal safety of any person is not so endangered, be fined not less than $5, nor more than $100.
[PC 1869, c 26, §3; RL 1925, §4394; RL 1935, §6286; RL 1945, §11705; RL 1955, §311-5; HRS §142-97]
(a) The department of agriculture and biosecurity may establish and assess fees pursuant to chapter 91 for facilities usage, vaccination programs, emergency transportation of quarantined animals, insecticides, medication, and other goods and services deemed necessary and provided by the department of agriculture and biosecurity in enforcing the provisions of this chapter; provided that the assessment of these fees does not violate any other provision of this chapter.
(b) All fees and expenses, other than for the initial inspection, relating to quarantine, confinement, investigation, overtime, meals, transportation, recapture, vaccination, examination, treatment, dipping, and any other function deemed necessary by the department shall be the responsibility of the owner, consignee, or handler.
(c) Notwithstanding any other law to the contrary, any payments due and owing to the State for any fees for goods and services received from the State at the animal quarantine station may be made by means of credit cards as may be deemed acceptable by the comptroller. The use of credit cards shall be exempt from section 40-35. A service fee may be required by the department for this use.
[L 1986, c 267, §1; am L 1995, c 75, §1; am L 2025, c 236, §17]
[§142-99] Lost or rescued animals; penalty. (a) Except as otherwise provided in section 143-10, any person who exerts control over a lost animal shall immediately notify the owner of the animal, if known, or an animal control officer of the local humane society chapter of the county in which the animal is found and release the animal to the owner, animal control officer, or humane society chapter. For purposes of this section, "exert control" means any act which constrains an animal including leashing, chaining, or otherwise confining an animal.
(b) Any person who violates this section shall be fined not more than $500.
[L 1991, c 226, §1]
(a) Beekeepers may register with the department of agriculture and biosecurity, on forms prescribed and prepared by the department, which shall include the following information:
(1) The name, address, and contact information for the beekeeper; and
(2) Other information that may assist the department in compiling accurate information on Hawaii's beekeeping industry.
(b) The department of agriculture and biosecurity shall keep registration information confidential subject to the limitations on confidentiality imposed under chapter 92F; provided that the name and business address of each registrant shall be made publicly available by the department; and provided further that the department may compile statistics based on the information, pursuant to section 141-1.
(c) The registration shall be effective for a period of one year, and shall be renewed at the end of the one-year period.
[(d)] The department of agriculture and biosecurity shall establish an apiary program, which may include the following positions, to carry out the purposes of this [section]:
(1) One apiary specialist;
(2) One apiary planner; and
(3) Two apiary technicians.
[L 2011, c 200, §§2, 3; am L 2025, c 236, §17]
As used in this part, unless the context otherwise provides:
"Carrier pigeon" means homing and racing pigeons which are banded on the leg with an identification leg band.
"Department" means the department of agriculture and biosecurity.
"Identification leg band" means the band placed around the pigeon's leg identifying the owner by name or initials or containing numbers or letters or a combination thereof.
"Pigeon" includes all carrier and show birds but does not pertain to birds raised for food or for similar commercial purposes.
"Racing pigeon" means any pigeon whose leg band identification is registered with any county, state, national, or international pigeon racing organization.
"Show pigeon" means any pigeon intended for show purposes which bears an identification leg band.
[L 1989, c 9, pt of §2; am L 2025, c 236, §17]
The department shall issue a pigeon ownership permit to any person who raises pigeons and shall adopt rules pursuant to chapter 91 to effectuate this part.
[L 1989, c 9, pt of §2]
Any owner of carrier pigeons, to whom the department has issued a pigeon permit, or person acting for the owner, having in the owner's or person's control or possession and under restraint not more than twenty-five pairs of carrier pigeons in an area zoned for residential or for hotel and apartment uses shall be allowed to fly the pigeons for necessary exercise, training, and racing. Any owner or person maintaining the carrier pigeons in areas zoned for other land uses shall fly not more than two hundred birds for necessary exercise, training, and racing. Show pigeons which are not allowed to fly free are not within the foregoing control on carrier pigeons.
[L 1989, c 9, pt of §2]
As used in this part, unless the context otherwise requires:
"Aviary game bird" includes the various species of pheasant which are of rare nature and are generally propagated and raised for its ornamental and aesthetic purposes, but does not pertain to birds raised for food, fighting, baiting, or for similar commercial purposes.
"Department" means the department of agriculture and biosecurity.
[L 1989, c 9, pt of §3; am L 2025, c 236, §17]
The department shall issue an aviary game bird permit to any person who raises aviary game birds and shall adopt rules pursuant to chapter 91 to effectuate this part.
[L 1989, c 9, pt of §3]
Connect Omnilex to search the legal corpus from your AI assistant.