reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]

§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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-4 Entry of animals without inspection prohibited.

§142-4 Entry of animals without inspection prohibited.
No animal shall be allowed to enter the State except after inspection by the department of agriculture 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 for inspection. [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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
Cross References
Uses of service animals, see §347-13.
Law Journals and Reviews
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
Case Notes
Section 142-18 does not supersede §142-6. 69 H. 349, 742 P.2d 359 (1987).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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 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]
Attorney General Opinions
Includes artificial insemination during the quarantine period. Att. Gen. Op. 66-13.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
Case Notes
Section 142-18 does not supersede §142-6. 69 H. 349, 742 P.2d 359 (1987).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
Attorney General Opinions
The term "cattle" includes goats. Att. Gen. Op. 64-20.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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. Moneys received by the board of agriculture 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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, authorized and designated by the board of agriculture 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 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 whose name has been submitted to the prosecuting officer and who has been designated by the chairperson of the board of agriculture 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-41 Brands to be recorded, etc.

§142-41 Brands to be recorded, etc.
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 to be known as the "Hawaii Brand Book". No brand or mark shall be recorded which may be similar or approximate in design to any brand or mark which has been previously recorded. The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. The application may be made directly to the department, 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 so received shall be paid to the director of finance. A signed and dated receipt shall be issued for each paid application. All applications shall be promptly forwarded to the department. If it is determined that the application seeks the registration of a brand which either has not already been recorded by another person or is not similar in design to any other previously recorded brand which has not expired, then a certificate showing that such brand or mark has been duly recorded shall be issued forthwith to the applicant. 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. [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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-42 Expiration of registration, reregistration.

§142-42 Expiration of registration, reregistration.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-43 Right to a brand determined by department.

§142-43 Right to a brand determined by department.
The department of agriculture 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-44 Owners of unbranded animals.

§142-44 Owners of unbranded animals.
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]
Case Notes
Effect of brand, prior to statute. 2 H. 367 (1861).
Enumerated animals in this section are property and subjects of larceny. 4 H. 409 (1881).
Cited: 20 H. 7, 30 (1910).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-45 Using other's brand prohibited; penalty.

§142-45 Using other's brand prohibited; penalty.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-46 Using unregistered brand prohibited; penalty.

§142-46 Using unregistered brand prohibited; penalty.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-47 Obliterating brand; penalty.

§142-47 Obliterating brand; penalty.
Any person who obliterates any brand or mark, on any animal, by placing another brand or mark over the same, or otherwise, although without felonious intent, shall be fined not more than $200 for every brand or mark so 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-48 Felonious branding; penalty.

§142-48 Felonious branding; penalty.
Whoever wilfully and feloniously brands, or otherwise marks, any kine, horse, mule, sheep, goat, or other cattle belonging to another, with one's mark, or with the mark of another not the owner of the animal so branded or marked, with the intent to convert it to one's own use, or to the use of another shall be imprisoned not more than one year, or fined not more than $200 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]
Case Notes
Brand of itself not conclusive evidence of ownership; law regulating brands does not apply to wild herds roaming Maunakea. 2 H. 367 (1861).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-49 Livestock ownership and movement certification.

§142-49
Livestock ownership and movement certification.
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 to the department of agriculture, and a 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. [L 1986, c 62, §1; am L 1997, c 62, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-62 Breaking, etc., of fence; penalty.

§142-62 Breaking, etc., of fence; penalty.
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 fined not more than $100, or imprisoned not more than one year. [L 1907, c 125, §11; RL 1925, §699; RL 1935, §277; RL 1945, §1083; RL 1955, §20-61; HRS §142-62; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-63 Trespass on fenced cultivated land.

§142-63 Trespass on fenced cultivated land.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-64 On unfenced cultivated land.

§142-64 On unfenced cultivated land.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-65 On uncultivated land.

§142-65 On uncultivated land.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-66 On public roads, lands.

§142-66 On public roads, lands.
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]
Case Notes
Cited: 21 H. 532, 536 (1913).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-68 Fine for continued trespassing by animals.

§142-68 Fine for continued trespassing by animals.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-69 Stallions.

§142-69 Stallions.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-70 Expenses, driving, etc.

§142-70 Expenses, driving, etc.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-71 Procedure to recover animals; owner notified before impounding.

§142-71 Procedure to recover animals; owner notified before impounding.
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]
Case Notes
Where animals are taken up, known owner must be notified or impounding is illegal. 29 H. 294 (1926).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-72 Procedure, if owner believes impounding illegal.

§142-72 Procedure, if owner believes impounding illegal.
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's delivering to the landowner or to the pound keeper, if the animal has been impounded, a certificate from any district judge of the circuit, 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-73 Jurisdiction; appeal.

§142-73 Jurisdiction; appeal.
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]
Case Notes
Party who impounds has burden of showing the right to impound. 21 H. 532 (1913).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-74 Liability of dog owner; penalty.

§142-74 Liability of dog owner; penalty.
(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 pay the costs of the trial together with the penalty imposed under section 142-12, 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]
Case Notes
Under charge of malicious injury, facts shown that dog was trespasser and seen carrying off something were justification for attack on dog. 8 H. 115 (1890).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-75 Human bitten by dog; duty of dog owners; action against owner.

§142-75 Human bitten by dog; duty of dog owners; action against owner.
(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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-91 Destruction of animals ferae naturae.

§142-91 Destruction of animals ferae naturae.
(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 such animals as shall be proved to be common nuisances. [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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-92 Mongoose; keeping or breeding; penalty.

§142-92 Mongoose; keeping or breeding; penalty.
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, 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-93 Harboring mongoose; penalty.

§142-93 Harboring mongoose; penalty.
Any person harboring, feeding, or in any way caring for a mongoose, except upon and according to the terms of a written permit which may be granted therefor by the department of agriculture, in its discretion, to scientists, scientific institutions, associations, or colleges, or to officers, boards, or commissions of the State or any county, shall be penalized pursuant to section 142-12. [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]