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

 

Law Journals and Reviews

 

Hawaii's Quarantine Laws: Can Spot Come Home? 13 UH L. Rev. 175.

Crying Over Spilt Milk: Recognizing Hawaii's Unique State Characteristics in the Context of the Dormant Commerce Clause. 32 UH L. Rev. 513.

 

Case Notes

 

Department established quarantine pursuant to this section; without reasonable modifications to quarantine requirement for benefit of visually-impaired individuals who rely on guide dogs, quarantine requirement effectively prevented those persons from enjoying benefits of state services and activities in violation of Americans with Disabilities Act. 81 F.3d 1480.

In case arising from plaintiff and plaintiff's hearing guide dog's encounter with Hawaii's animal quarantine laws, where plaintiff alleged that in the course of enforcing animal quarantine laws, defendants deprived plaintiff of various constitutional, statutory, and common law rights, plaintiff's claim, among others, under (1) Americans with Disabilities Act (ADA) against defendant in defendant's individual capacity dismissed, as an action under Title II of the ADA may not be maintained against public actors in their individual capacities; and (2) 504 of the Rehabilitation Act of 1973 dismissed as plaintiff did not allege that the program received federal financial assistance. 128 F. Supp. 2d 684.

 

 

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