Report Title:

Animal disease control.

 

Description:

Allows authorities to respond to, control, contain and eliminate any threat to livestock & poultry industries, and public health or safety as a result of any contagious, infectious, or communicable animal disease.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1218

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ANIMAL DISEASES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that livestock and poultry operations raise concerns over the risk of introduction of naturally occurring highly contagious animal diseases.  The rapid pace of disease emergence around the world over the last decade has created challenges for public health, livestock health, wildlife management, and national and regional economies.  In addition, recent events indicate livestock and poultry continue to be at risk from diseases, such as avian influenza, that pose significant health risks to the people of the world.  Any naturally occurring outbreak or agro-terrorist attack in Hawaii's agriculture industry could decimate the industry and the State's economy, and put the entire population at risk.  The purpose of this Act is to strengthen the laws of the State to enable authorities to quickly respond to, control, contain, and eliminate any threat to the livestock and poultry industries and public health or safety as a result of any contagious, infectious, or communicable animal disease.

     SECTION 2.  Section 142-6, Hawaii Revised Statutes, is amended to read as follows:

     "§142-6  Quarantine[.] and animal disease control.  (a)  As used in this section:

     "Quarantine" means confinement of, and movement controls on, infected, susceptible, or exposed animals and potentially contaminated feed, products, conveyances, and animate or inanimate fomites, believed to have been exposed to or known to have been infected with a contagious disease, to prevent the spread of a disease.

     (b)  In implementing any quarantine, the department of agriculture shall take all reasonable means to prevent the transmission of infection between or among susceptible animals. The quarantine of any premises shall be terminated when the chairperson of the board of agriculture determines that the quarantine is no longer necessary to protect animal or public health.

     (c)  The department of agriculture may specify any infected premises, area, or disease control zone and institute quarantines on affected or suspected premises, areas, zones, or islands; control movement of animals, animal products, and contaminated materials, equipment, and vehicles; and undertake other disease control operations including but not limited to compulsory vaccination and the placement of controls, limitations, or requirements on operations or activities that process animals, animal products, or animal byproducts.

     (d)  Before quarantining affected or suspected premises, areas, zones, or islands, the department shall issue a written hold or quarantine order authorizing such action.

     (e)  Notwithstanding subsection (d), the department may quarantine an affected or suspected premises, area, zone, or island if any delay in the issuance of a written hold or quarantine order would pose an immediate threat of disease spread or to the public health.  Following such quarantine, the department shall promptly issue a written quarantine order.

     (f)  The department of agriculture may quarantine any premises housing an 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 enter any land, building, vessel, or aircraft carrying or housing livestock or poultry, or livestock or poultry products, to collect samples or inspect, vaccinate, remove, or destroy animals or animal products and require disinfection of [premises and materials] any affected land, building, material, equipment, vessel, or aircraft 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.  If refused entry, the department may apply to a district or circuit judge in the circuit in which the animal disease threat is located, and the judge may thereupon issue a warrant, directed to any law enforcement officer of the circuit, commanding the officer to give sufficient aid, and, being accompanied by an agent of the department, to return to the place described in the complaint, and to allow the performance of animal sample collection, inspection, vaccination, removal, or destruction by the agent of the department.

     (g)  If the department of agriculture determines that the movement of any animal, material, vehicle, or other article or item from an infected premises, area, or zone would cause a risk of the spread of any contagious, infectious, or communicable disease, the department may require the animal, material, vehicle, or other article or item to be decontaminated and made clean of any contagious, infectious, or communicable disease before leaving an infected premises, zone, or area to minimize the likelihood of disease transmission.

     (h)  The department, in enforcing any provision of this section, may require any sheriff, deputy sheriff, chief of police, police officer, or other law enforcement officer to aid and assist it, and to use such force as reasonably necessary in order for the department to examine, test, vaccinate, remove, or destroy animals from premises during an animal disease outbreak identified by the department.  Every sheriff, deputy sheriff, chief of police, police officer, or other law enforcement officer who is so required to aid and assist the department shall immediately aid and assist it.

     (i)  A property owner, lessee, manager, resident, or employee of premises subject to quarantine shall obey the department's rules and orders. "

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST