§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.



 



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.