§142-2  Rules.  Subject to chapter 91the department of agriculture may make and amend rules for the inspection,quarantine, disinfection, or destruction, either upon introduction into theState or at any time or place within the State, of animals and the premises andeffects used in connection with the animals.  Included therein may be rulesgoverning the control and eradication of transmissible diseases of animals andthe transportation of animals between the different islands of the State andalong the highways thereof, as well as rules requiring the owner or captain ofany vessel or aircraft arriving in the State with animals aboard and themanagers or agents of trucking and air and water transportation companiescarrying animals within the State to report on the number and class of animalscarried, names of owners and consignees, the places to and from which theanimals are shipped, the manner of handling the animals, the number of deathsor injuries to animals occurring in transit or while being loaded or unloadedtogether with the causes of the deaths or injuries, and all other matters whichmay be deemed necessary by the department for a full and complete record of theshipping and handling of animals.  The department may also prohibit theimportation into the State from any foreign country or other parts of theUnited States or the movement from one island within the State to anotherisland therein or to one locality from another locality on the same island, ofanimals known to be or suspected of being infected with a contagious,infectious, or communicable disease or known to have been exposed to any ofthose 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 Sp1959 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 QuarantineLaws:  Can Spot Come Home?  13 UH L. Rev. 175.

 

Case Notes

 

  Departmentestablished quarantine pursuant to this section; without reasonablemodifications to quarantine requirement for benefit of visually-impairedindividuals who rely on guide dogs, quarantine requirement effectivelyprevented those persons from enjoying benefits of state services and activitiesin violation of Americans with Disabilities Act.  81 F.3d 1480.

  In case arising fromplaintiff and plaintiff's hearing guide dog's encounter with Hawaii's animalquarantine laws, where plaintiff alleged that in the course of enforcing animalquarantine 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'sindividual capacity dismissed, as an action under Title II of the ADA may notbe maintained against public actors in their individual capacities; and (2)§504 of the Rehabilitation Act of 1973 dismissed as plaintiff did not allegethat the program received federal financial assistance.  128 F. Supp. 2d 684.