reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-94 Destruction of unconfined rabbits and Belgian hares.

§142-94 Destruction of unconfined rabbits and Belgian hares.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-95 Rabbits, Belgian hares, to be kept off ground; penalty.

§142-95 Rabbits, Belgian hares, to be kept off ground; penalty.
Any person who breeds, raises or keeps rabbits or Belgian hares shall keep them off the ground.
Any person who violates this section shall be fined not more than $100 or imprisoned not more than six months, or both. [L 1957, c 298, § §1, 2; Supp, §20-94; HRS §142-95]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-96 Frightening animals; penalty.

§142-96 Frightening animals; penalty.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-97 Wild cattle through street; penalty.

§142-97 Wild cattle through street; penalty.
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]
Cross References
Riding of animals recklessly, see §291-2.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-98 Fees.

§142-98 Fees.
(a) The department of agriculture 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 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]
Cross References
Animal quarantine special fund, see §142-28.5.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-99 Lost or rescued animals; penalty.

§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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-100 Beekeepers, registration; apiary program.

§142-100 Beekeepers, registration; apiary program.
(a) Beekeepers may register with the department of agriculture, 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 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 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]
Revision Note
Subsection (d) is codified to this section pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-101 Definitions.

§142-101 Definitions.
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.
"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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-102 Pigeon permits.

§142-102 Pigeon permits.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-103 Exercise, training, and racing.

§142-103 Exercise, training, and racing.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-111 Definitions.

§142-111 Definitions.
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. [L 1989, c 9, pt of §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-112 Aviary game bird permits.

§142-112 Aviary game bird permits.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-1 Definitions.

§143-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Microchip" or "microchip identification" means a device that is implanted under the skin of an animal and that contains contact information for the owner of the animal.
"Officer" means any sheriff, deputy, any member of a police force in counties with a population of less than 100,000 and animal control officers of the several counties of the State.
"Owner" includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner.
"Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached. [L 1941, c 268, §1; RL 1945, §7151; RL 1955, §156-1; am L 1963, c 85, §3; HRS §143-1; am L 1983, c 227, §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L Sp 2021, c 5, §3]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-2 License or microchip required.

§143-2 License or microchip required.
It shall be unlawful for any person to own or harbor a:
(1) Dog unless the dog is licensed and has been implanted with a microchip identification as provided by this chapter; provided that the counties may, by ordinance, dispense with or modify the licensing requirements of this chapter; provided further that this chapter shall not apply to dogs under the age of three months or dogs brought into the State exclusively for the purpose of entering them in a dog show or exhibition and not allowed to run at large; or
(2) Cat unless the cat has been implanted with a microchip identification as provided by this chapter; provided that this chapter shall not apply to cats under the age of three months or cats brought into the State exclusively for the purpose of entering them in a cat show or exhibition and not allowed to run at large. [L 1941, c 268, §2; RL 1945, §7152; RL 1955, §156-2; HRS §143-2; am L 1973, c 146, §1; am L Sp 2021, c 5, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-2.2 Microchip identification.

§143-2.2 Microchip identification.
(a) An owner shall have a microchip implanted in the owner's dog or cat, and the owner shall register the microchip number and the owner's contact information with a microchip registration company.
(b) When the contact information of the owner of a dog or cat changes, the owner shall provide the new contact information to the applicable microchip registration company no later than thirty days after the change in contact information occurs.
(c) When the owner of a dog or cat transfers ownership to another owner:
(1) The former owner shall inform the new owner of the microchip registration company with which the dog's or cat's microchip is registered; and
(2) The new owner shall provide the microchip registration company with the new owner's contact information no later than thirty days after the transfer of ownership occurs.
(d) Each animal control contractor or nonprofit animal rescue organization shall implant a microchip in all stray dogs and cats in its custody that do not have a microchip.
(e) All animal control contractors shall activate the microchip registration company's found pet alerts to notify owners whose pets' microchips are registered with that company if the pet is found and the owner is not present.
(f) Veterinary clinics, animal shelters, and other animal rescue organizations that scan found pets for microchips shall release only the chip identification number to the finder upon request.
(g) Nothing in this section shall be construed to apply to animals being cared for as part of a designated population management program.
(h) As used in this section, "owner" means any person owning, harboring, or keeping a dog or cat; providing care or sustenance for a dog or cat; or having custody of a dog or cat, whether temporarily or permanently. "Owner" does not include the animal quarantine branch or plant quarantine branch of the department of agriculture. [L Sp 2021, c 5, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-2.6 Animal desertion. It shall be unlawful for the owner of any animal or any person in possession of an animal that belongs to another person to leave the animal without the intention of returning to it. Any person who violates this section shall be guilty of a petty misdemeanor. [L 1992, c 223, §1]

§143-2.6
Animal desertion.
It shall be unlawful for the owner of any animal or any person in possession of an animal that belongs to another person to leave the animal without the intention of returning to it.
Any person who violates this section shall be guilty of a petty misdemeanor. [L 1992, c 223, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-3 License fee controlled by ordinance.

§143-3 License fee controlled by ordinance.
Except where licenses are dispensed with pursuant to section 143-2, each county council shall have the power to fix the license fee for dogs on a biennial basis. Until and unless otherwise provided by ordinance the biennial license fee for each dog shall be $4. Any person owning or having the custody or control of any dog shall pay the license fee to the director of finance of the county in which the dog is owned, kept, or controlled. The license fee shall be due and payable on January 2 of every second year and shall be paid before March 11 of every second year, or within thirty days after the exemption ceases in the case of dogs becoming subject to this chapter.
The full amount of the fee shall be paid for any fraction of the license period for which a license is issued.
All moneys received by the director of finance under this chapter shall be paid into the general fund of such county. [L 1941, c 268, §3; RL 1945, §7153; RL 1955, §156-3; am L 1959, c 120, §1; HRS §143-3; am L 1973, c 146, §2; am L 1980, c 148, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-4 Issuance of license and tags.

§143-4 Issuance of license and tags.
Upon the receipt of the license fee, the director of finance shall issue to the person paying the fee a license stating the following:
(1) The name and address of the person to whom the license is issued;
(2) The year for which the license is paid;
(3) The date of payment;
(4) A description of the dog for which the license is issued; and
(5) The number of the metal tag issued for the dog.
The director of finance shall at the same time issue and deliver to the person a metal tag in the form and design as the director of finance may designate with a serial number and the year for which it is issued plainly inscribed thereon. The tag shall be attached to a collar around the neck of the dog for which the license has been issued. The fee for the tag shall be set by each county council; provided that, until and unless provided by ordinance, the fee shall be 10 cents. [L 1941, c 268, §4; RL 1945, §7154; RL 1955, §156-4; HRS §143-4; am L 1983, c 227, §3; gen ch 1985; am L 1991, c 178, §4; am L 2011, c 175, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-5 Removal and imitation of dog tags.

§143-5 Removal and imitation of dog tags.
It shall be unlawful for any person to remove any tag from any dog not owned by the person or under the person's control, or to place on any dog any license tag not issued as herein provided, or to make or have in possession or to place on a dog any counterfeit or imitation of any license tag provided for in this chapter. [L 1941, c 268, §5; RL 1945, §7155; RL 1955, §156-5; HRS §143-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-6 Lost dog tags.

§143-6 Lost dog tags.
If any license tag is lost or stolen, the person to whom the tag was issued shall be entitled to receive a duplicate thereof by presenting to the director of finance who issued the license the original license and satisfactory proof that the tag was lost or stolen. [L 1941, c 268, §6; RL 1945, §7156; RL 1955, §156-6; HRS §143-6; am L 1987, c 201, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-7 Pounds and animal control officers.

§143-7 Pounds and animal control officers.
The council of each county may establish and maintain pounds for the impounding of dogs under this chapter, and may provide for the appointment and compensation of animal control officers who shall have all the powers of a sheriff or police officer in carrying out this chapter. [L 1941, c 268, §13; RL 1945, §7164; RL 1955, §156-7; am L 1963, c 85, §3; HRS §143-7; am L 1983, c 227, §4; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-8 Seizure and redemption of unlicensed dogs.

§143-8 Seizure and redemption of unlicensed dogs.
Except where licensing requirements are dispensed with, every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within a sufficient enclosure, whether in the immediate presence of the owner or otherwise, and confine it in a pound or any suitable enclosure for a period of forty-eight hours, during which time it shall be subject to redemption by its owner by payment of the license due, if any, and a penalty to be set by each county council; provided that until and unless provided by ordinance the penalty shall be $2.50. If not so redeemed, the dog shall be sold by the officer for the amount of the license and penalty due, or as much more as can be obtained therefor; provided that the officer may neuter or require the neutering of the dog prior to sale, and if not so sold it shall be humanely destroyed. The owner of any unlicensed dog impounded and not claimed within forty-eight hours as provided in this section, may redeem the dog at any time before sale or destruction of the dog by paying to the officer, in addition to the amount of the license and penalty, an impoundment fee per day for the number of days over two days the dog was impounded. Each county council shall have the power to fix the impoundment fee for dogs; provided that until and unless otherwise provided by ordinance the impoundment fee shall be $2.50 a day. Of the money so received the amount of the license fee shall be paid to the director of finance and the balance shall be retained by the officer to defray the expenses of collecting, keeping, and feeding the dog. [L 1941, c 268, §7; RL 1945, §7157; RL 1955, §156-8; HRS §143-8; am L 1973, c 146, §3; am L 1983, c 227, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-9 Redemption of dog after sale.

§143-9 Redemption of dog after sale.
The owner of any dog which has been seized and sold as provided in this chapter, at any time within thirty days after the sale, may redeem the dog from the purchaser by paying to the purchaser the amount of the purchase price paid by the purchaser and an impoundment fee per day as provided in section 143-8, for the number of days from the date of sale to and including the date of the redemption. If the dog has been neutered in the manner provided in section 143-8, the owner shall pay to the purchaser the amount of the neutering charge. [L 1941, c 268, §8; RL 1945, §7158; RL 1955, §156-9; HRS §143-9; am L 1983, c 227, §6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-10 Stray dogs.

§143-10 Stray dogs.
Every person who takes into the person's possession any stray dog shall immediately notify the animal control officer and release the dog to the animal control officer upon demand. If there is attached to the dog a license tag for the then current year, the animal control officer shall notify in writing the person to whom the license was issued, at the address given in the license certificate, and, upon demand made within twenty-four hours thereafter and without charge, shall release the dog to the person. If no person lawfully entitled to the dog, within nine days after the date of giving the notice, shall claim the dog, the dog may be sold or destroyed by the animal control officer in the manner provided in section 143-8 for unlicensed dogs. [L 1941, c 268, §9; RL 1945, §7159; RL 1955, §156-10; HRS §143-10; am L 1983, c 227, §7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-11 Redemption of stray licensed dogs.

§143-11 Redemption of stray licensed dogs.
The owner of any licensed dog impounded and not claimed within twenty-four hours as provided in section 143-10, may redeem the dog at any time before the sale or destruction of the dog by paying to the animal control officer an impoundment fee per day as provided in section 143-8, for the number of days the dog was impounded. [L 1941, c 268, §10; RL 1945, §7160; RL 1955, §156-11; HRS §143-11; am L 1983, c 227, §8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-12 Seizure and disposal of diseased dogs; penalty.

§143-12 Seizure and disposal of diseased dogs; penalty.
Any police officer or animal control officer may seize and, after notice to the owner if the owner can be found, may kill any dog running at large which is so obviously diseased as to be a menace to the health of persons or animals.
Any owner of any dog so diseased, who recovers the dog from the police officer or animal control officer, after notice as aforesaid, and does not furnish forthwith suitable medical treatment and care for, or destroy, the diseased dog, shall be guilty of a misdemeanor. [L 1937, c 217, § §1, 2; RL 1945, §7161; RL 1955, §156-12; HRS §143-12; am L 1983, c 227, §9; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-13 Destruction of diseased or unfit dogs.

§143-13 Destruction of diseased or unfit dogs.
All dogs taken into the custody of the animal control officer which by reason of age, disease, or other causes, are unfit for further use or are dangerous to keep impounded, may be forthwith humanely destroyed by the animal control officer. [L 1941, c 268, §11; RL 1945, §7162; RL 1955, §156-13; HRS §143-13; am L 1983, c 227, §10]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-14 Female dogs.

§143-14 Female dogs.
It shall be unlawful for the owner of any female dog, licensed or unlicensed, to permit it to run at large while the dog is in the copulating season. [L 1941, c 268, §12; RL 1945, §7163; RL 1955, §156-14; HRS §143-14]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-15 Contracts for seizing and impounding dogs.

§143-15 Contracts for seizing and impounding dogs.
Any county may contract with any society or organization formed for the prevention of cruelty to animals, or similar dog protective organization, for the seizure and impounding of all unlicensed dogs, and for the maintenance of a shelter or pound for unlicensed dogs, and for lost, strayed, and homeless dogs, and for the destruction or other disposition of seized dogs not redeemed as provided in this chapter. The county may prescribe in the contract the manner in which the work is to be done by the society or organization and it may also direct the disposition to be made of all dogs seized pursuant to this chapter. [L 1941, c 268, §14; RL 1945, §7165; RL 1955, §156-15; HRS §143-15]
Attorney General Opinions
The plain language and legislative history of this section and §143-16 made very clear that legislature intended to authorize county reliance upon private humane societies to impound stray dogs within their borders; this can be accomplished only if § §76-16(17) and 76-77(10) are interpreted broadly. Att. Gen. Op. 97-6.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-17 Wrongful interference with officers.

§143-17 Wrongful interference with officers.
It shall be unlawful for any person to resist or obstruct any officer in the exercise of the officer's duties as provided in this chapter. [L 1941, c 268, §15; RL 1945, §7166; RL 1955, §156-17; HRS §143-17; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-18 Unlawful disposition of impounded dogs.

§143-18 Unlawful disposition of impounded dogs.
It shall be unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation. [L 1941, c 268, §16; RL 1945, §7167; RL 1955, §156-18; HRS §143-18]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-19 Penalty.

§143-19 Penalty.
Any person violating any of the provisions of this chapter for which no special penalty is provided shall be fined not more than $50. [L 1941, c 268, §18; RL 1945, §7168; RL 1955, §156-19; HRS §143-19]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 143. Animals: Licenses and Regulations › 143-20 Reporting of dog or cat captured or killed in snare or trap.

§143-20 Reporting of dog or cat captured or killed in snare or trap.
Any dog or cat captured or killed in any steel-jawed leg-hold trap, snare, conibear trap, or foot- or leg-hold trap, as those terms are defined in section 711-1109.37, in an area zoned as residential shall immediately be checked for identification and reported to a county animal control officer and, upon request, shall be turned over to the animal control officer. [L 2013, c 208, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-1 OLD REPEALED. §144-1 Administration.

§144-1 OLD REPEALED.
L 1983, c 214, pt of §2.
§144-1 Administration.
This chapter shall be administered by the department of agriculture, hereinafter referred to as the "department". [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-2; HRS §144-2; ree L 1979, c 186, pt of §1; ren L 1983, c 214, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-3 Registration.

§144-3 Registration.
(a) Each commercial feed shall be registered before being distributed in this State or imported; provided that custom-mixed feed and toll-milled feed are exempt from registration. The application for registration shall be submitted on forms furnished by the department and also shall be accompanied by a label or other printed matter describing the product. All registrations shall remain in effect until withdrawn in writing by the registrant or canceled pursuant to this chapter or rules of the department. A registration fee shall be paid to the department for each commercial feed registered. Upon approval by the department a copy of the registration shall be furnished to the applicant. The application shall include the information required by section 144-4(a).
(b) A distributor or importer shall not be required to register any brand of commercial feed which is already registered under this chapter by another person.
(c) Minor changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted as provided in department rules; provided there is satisfactory evidence that the changes would not result in a lowering of the feeding value of the product for the purpose for which designed.
(d) The department may refuse registration of any application not in compliance with this chapter or rules adopted under this chapter and may cancel any registration subsequently found not to be in compliance with this chapter or rules adopted under this chapter; provided that no registration shall be refused or canceled until the registrant has been given an opportunity to be heard before the department and to amend the registrant's application in order to comply with the requirements of this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-4; HRS §144-4; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 1993, c 84, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-5 Inspection fees and tonnage reports.

§144-5 Inspection fees and tonnage reports.
(a) There shall be paid to the department for all feeds distributed or imported for use or sale in this State, inspection fees as established by the rules of the department; provided that the department shall exempt by rule the payment of inspection fees on feed not subject to specific requirements of this chapter or rules adopted under this chapter. All inspection fees collected shall be deposited with the state director of finance to the credit of the general fund.
(b) Every person, except as hereinafter provided, who distributes or imports for use or sale feed in this State shall:
(1) File, not later than the last day of January, last day of April, last day of July, and last day of October of each year, quarterly statements, setting forth the number of net tons of feeds distributed or imported in this State during the preceding calendar quarter; and upon filing the statements shall pay the inspection fees. Inspection fees which are due and owing and have not been remitted to the department within thirty days following the due date shall have a penalty fee in an amount established by rules of the department added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the department from taking other action as provided in this chapter. When more than one person is involved in the distribution or importation of a feed, the person who imports or distributes to the consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior distributor, seller, or exporter of the feed. The forms used for the quarterly statements shall be provided by the department.
(2) Keep such records as may be necessary or required by rules of the department to indicate accurately the tonnage of feed distributed in this State, and the department shall have the right to examine the records to verify statements of tonnage. Failure to make accurate statement of tonnage or to pay the inspection fee or to comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor and the imposition of administrative penalties.
(c) The department may require the filing of further reports with respect to importation and distribution of feed by carriers, seller's agents, distributors, and named consignees. [L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; am L 1984, c 88, §1; am L 1993, c 84, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-7 Misbranding.

§144-7 Misbranding.
No person shall distribute or import misbranded feed. A commercial, toll-milled, or custom-mixed feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular.
(2) If it is distributed under the name of another feed.
(3) If it is not labeled as required in section 144-4 and in rules prescribed under this chapter.
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rules of the department. In the adoption of such rules the department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials.
(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-8; HRS §144-8; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]
Revision Note
Section "144-4" substituted for "144-5".
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-8 Prohibited acts.

§144-8 Prohibited acts.
The following acts and the causing thereof within this State by any person are prohibited:
(1) The manufacture or distribution of any feed that is adulterated or misbranded.
(2) The adulteration or misbranding of any feed.
(3) The removal or disposal of a feed in violation of an order under section 144-11.
(4) The failure or refusal to register in accordance with section 144-3.
(5) The violation of section 144-12(f).
(6) Failure to pay inspection fees and file reports as required by section 144-5.
(7) The refusal to permit entry upon any public or private premises including any vehicle of transport during business hours in order that the department or its authorized agents can have access to any feed and to records relating to the feed.
(8) The distribution of any toll-milled feed.
(9) The redistribution of any custom-mixed feed.
(10) The distribution within the State or importation into the State of commercial feeds, other than custom-mixed feed, which have not been registered in the manner provided in this chapter.
(11) The distribution within this State or importation into the State of commercial or custom-mixed feeds which have not been labeled in the manner provided in this chapter.
(12) The storage or transportation of toll-milled feeds which have not been labeled in the manner provided in this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-9; HRS §144-9; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]
Revision Note
Section "144-3" substituted for "144-4", "144-5" substituted for "144-6", "144-11" substituted for "144-12", and "144-12(f)" substituted for "144-13(f)".
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-10 Rules.

§144-10 Rules.
(a) The department may adopt rules for feeds as are specifically authorized in this chapter and other reasonable rules as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the department shall by rule adopt, unless it determines that they are inconsistent with this chapter or are not appropriate to conditions which exist in this State, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, provided that the department shall have the authority under this chapter independently to adopt these regulations.
(b) The department shall enforce this chapter and, subject to chapter 91, may adopt rules with respect to:
(1) Providing for registration and inspection fees;
(2) Providing for penalties for deficiencies of official samples and other violations of this chapter;
(3) Determining responsibilities and procedures for payment of registration, inspection, and penalty fees;
(4) Such other matters as may be necessary in order to implement this chapter.
(c) Notwithstanding the foregoing provisions, the chairperson of the board of agriculture, for the purpose of enforcement of this chapter and without regard to the notice and public hearing requirements of chapter 91, may adopt rules for procedures, tolerance levels, and regulatory or action levels to determine if feed is adulterated, all federal regulations or guidelines of the United States established in 40 Code of Federal Regulations, Parts 180 and 186; 21 Code of Federal Regulations, Chapter 1, Parts 1 to 1299; or the United States Food and Drug Administration Compliance Policy Guides, as they apply to feed, including changes made from time to time. Prior to the effective date of any such rules, the department shall publish in a newspaper of general circulation a notice that includes:
(1) Either a statement of the substance of the proposed rule adoption, amendment, or repeal; or a general description of the subjects involved and the purposes to be achieved by the proposed rule adoption, amendment, or repeal; and
(2) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.
The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these rules or of the department's rulemaking proceedings. The department may require reimbursement for the cost of preparing and mailing the copies. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; Supp, §24-11; HRS §144-11; am L 1973, c 46, §1(2); am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; am L 1996, c 110, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-11 Detained feeds.

§144-11 Detained feeds.
(a) "Withdrawal from distribution" orders. When the department or its authorized agent has reasonable cause to believe any lot of feed is being distributed in violation of this chapter or of any of the prescribed rules under this chapter, it may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or the circuit court. The department shall release the lot of feed so withdrawn when the chapter and rules have been complied with. If compliance is not obtained within thirty days, the department may begin, or upon request of the distributor or owner shall begin, proceedings for condemnation.
(b) "Condemnation and confiscation". Any lot of feed not in compliance with the chapter and rules shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the feed to be in violation of this chapter and rules and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the feed and the laws of the State; provided that in no instance shall the disposition of the feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-12; HRS §144-12; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-12 Penalties.

§144-12 Penalties.
(a) Any person convicted of violating any of the provisions of this chapter or the rules issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department or its duly authorized agent in performance of the agent's duty in connection with this chapter, shall be adjudged guilty of a misdemeanor. In all prosecutions under this chapter involving the composition of a lot of feed, a certified copy of the official analysis signed by the chemist shall be accepted as prima facie evidence of the composition.
(b) Nothing in this chapter shall be construed as requiring the department or its representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when the department or its representative believes that the public interest will be best served by a suitable notice of warning in writing.
(c) Each county attorney or prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for prosecution, an opportunity shall be given the distributor or owner to present the distributor's or owner's view to the department.
(d) The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction is to be issued without bond.
(e) Any person adversely affected by an act, order, or ruling made pursuant to this chapter may within forty-five days thereafter bring action in the circuit court for new trial of the issues bearing upon the act, order, or ruling, and upon trial the court may issue and enforce such orders, judgments, or decrees as the court may deem proper, just, and equitable.
(f) Any person who uses to the person's advantage, or reveals to other than departmental officers or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor; provided that this prohibition shall not be deemed as prohibiting the department, or its duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-13; HRS §144-13; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985]
Cross References
Administrative hearings and review, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-13 Cooperation with other entities.

§144-13 Cooperation with other entities.
The department may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations to carry out the purpose and provisions of this chapter. [L 1979, c 186, pt of §1; ree and ren L 1983, c 214, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 144. Feed › 144-14 Publications.

§144-14 Publications.
The department shall publish at least annually in such forms as it may deem proper, information concerning the distribution of feeds, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of feeds distributed within the State as compared with the analyses guaranteed in the registration and on the label; provided that the information concerning production and use of feeds shall not disclose the operations of any person. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-14; HRS §144-14; ren and am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-3 Records.

§145-3 Records.
Every produce dealer shall keep a record of each lot, shipment, or consignment of farm produce received or taken by the produce dealer, which shall be in such form and in such detail as may be prescribed by the department of agriculture. [L 1951, c 74, pt of §1; RL 1955, §23-3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-5 Reports of consignment sales.

§145-5 Reports of consignment sales.
Every commission merchant shall make a written report to the producer for farm produce handled on consignment in behalf of said producer which shall be within such time and in such detail as may be prescribed by the department. Making a false or incorrect report shall constitute a misdemeanor under section 145-12. [L 1951, c 74, pt of §1; RL 1955, §23-5; HRS §145-5; am L 1972, c 39, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-6 Remittances.

§145-6 Remittances.
Every commission merchant, dealer, broker, agent, processor, or retail merchant shall make payment in full to the producer within such time as may be prescribed by the department. Payment in full means payment of the price agreed upon by the producer and the commission merchant, dealer, broker, agent, processor, or retail merchant, except that, in the case of consignment transactions, the full amount realized from sales, including collections for damage claims, less the agreed commission and other charges, shall be paid. [L 1951, c 74, pt of §1; RL 1955, §23-6; HRS §145-6; am L 1972, c 39, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-7 Credit for loss or dumping.

§145-7 Credit for loss or dumping.
No claim or credit in any payment, accounting, or settlement shall be made or taken against a producer by any commission merchant, dealer, processor, or retail merchant for any damage to, or loss, dumping, or disposal, of any farm produce unless such claim or credit has been agreed to in writing by the producer and the licensee has secured and is in possession of a certificate issued by an agent of the department of agriculture showing that the produce has no commercial value, or a certificate issued by a county or state health officer, or other duly authorized officer, stating that the produce has been destroyed or otherwise disposed of as unfit for human consumption. [L 1951, c 74, pt of §1; RL 1955, §23-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-7; am L 1972, c 39, §5]
Case Notes
Cited: 46 H. 292, 307, 380 P.2d 156 (1963).