Haw. Code R. § 4-29-2

Current through April, 2024
Section 4-29-2 - Definitions

As used in this chapter, unless the context requires otherwise:

"Airport Animal Quarantine Holding Facility" is a facility operated by the state department of agriculture at the airport designated for the handling and holding of animals being imported into the State or destined for transit more than twenty-four hours after their arrival

"Animals" means cats, dogs, and all animals in the order carnivora.

"Animal port" means the facility that is operated by the Hawaiian Humane Society and is located at the Honolulu International Airport in the Airport Operational Area, which is used to hold animals, including birds and other non-domestic animals, that are destined for transit out of the State within twenty-four hours of their arrival.

"Animal quarantine manager" or "manager" means the manager of the animal quarantine branch, division of animal industry.

"Animal quarantine station", also referred to as "quarantine station" or "station", means the state animal quarantine facility in Hawaii Valley that is used to quarantine dogs, cats, and other carnivores under this chapter,

"Approved hospital" means any veterinary facility approved by the department to provide care for quarantined animals.

"Board" means the state board of agriculture.

"Booster interval" means the licensed duration of immunity of a vaccine; and the recommended time period for re-administration of a vaccine, to increase or maintain immunity, listed on the manufacturer's label or product insert.

"Carnivorous" means subsisting or feeding on animal tissue.

"Carrier" means a person employed or engaged in the activity of carrying goods for others for hire, by land, sea, or air.

"Chairperson" means the chairperson of the state board of agriculture.

"Complete care" means a system relieving the State of all responsibility to care for an animal, whereby an owner assumes the entire responsibility to provide all feeding, cleaning, and monitoring of the health and well-being of an animal in quarantine.

"Contact" means any physical union or touching between animals, with or without aggression.

"Current", when referring to vaccine or vaccination, means the period of time from the vaccine's administration to arrival in Hawaii has not exceeded the licensed duration of immunity listed on the manufacturer's label or product insert for that vaccine.

"Department" means the state department of agriculture.

"Designated address" means an address at which the service animal or exempted guide dog will reside while in the State during any portion of the thirty-day post-arrival period.

"Diplomat" means Diplomat in a Specialty Board recognized by the American Veterinary Medical Association.

"Disability", with respect to an individual, means a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such impairment.

"Division" means the division of animal industry, department of agriculture.

"Double door" means an entry vestibule having an outer door and an inner door arranged such that at least one door is always closed during the entry of visitors or employees.

"Effects" means crates used to transport carnivores, and collars, leashes, chains, bedding, dishes, toys, or other objects that may accompany any carnivore.

"Eligibility Date" or "Eligible Date" means the date determined by the State that an animal may qualify for five day or less quarantine by meeting all the specified requirements.

"Emergency" means any unanticipated, unexpected event which reasonably necessitates a user to travel to the State on an urgent basis, such that the user could not reasonably be expected to have the user's service animal or exempted guide dog meet all pre-entry requirements.

"Entry" means the release of a dog, cat, or other carnivore into the community after completion of all quarantine and post-quarantine requirements set forth in this chapter.

"Exempted guide dog" means a guide dog that has graduated from an approved guide dog training program and that works as a team with its visually impaired user.

"Groomer" means a person who brushes, bathes, cleans, or maintains the coat or integument of an animal within an animal quarantine station.

"Guest" means a person allowed entry into the animal quarantine station to visit a quarantined animal only when accompanied by an owner, co-owner, or visitor.

"Guide dog" means any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person.

"Handler" means a person employed or engaged in holding, taking up, moving, or otherwise affecting the movement of animals

"HRS" means the Hawaii Revised Statutes.

"Inspector" means a veterinarian, livestock inspector, or any officer or employee of the department of agriculture, authorized and designated by the board of agriculture to enforce the provisions of this chapter.

"International Unit" or "I.U." means a standard measurement unit to express the results of an OIE serologic test approved to measure anti-rabies virus antibody.

"Microchip" means an implantable micro-electronic device that provides animal identification.

"Necessary medical treatment" means that which is directed immediately to the cure or amelioration of the disease or injury.

"Neighbor Island" means the islands of Hawaii, Maui, Kauai, Lanai, and Moiokai.

"Neighbor Island Inspection Permit" or "NIIP" means a permit issued by the division authorizing the transport, arrival, and entry of an animal at a port or airport on a neighbor island and specifies the port or airport, date of arrival, and identity of the animal and owner.

"Office of International Epizooties - rabies virus antibody test" or "OIE- RVA test" means any state-approved serologic test used to measure the levels of rabies antibodies in the serum of animals that has been validated and certified as a test method by the Office of International Epizooties.

"Order Carnivora" means any flesh-eating mammal under but not limited to the family Canidae, Ursidae, Procyonidae, Mustelidae, Felidae, Hyaenidae, and Viverridae.

"Original document" means a document which is not a facsimile or a photocopy and bears an original or carbon signature.

"Owner" or "co-owner" means the person or persons whose name appears on the shipmaster's declaration or a person designated in writing by the owner to act in the owner's behalf and having the same duties and responsibilities as the owner.

"Parking facility" means a lot, garage, building, or structure, or combination or portion thereof, in which motor vehicles are temporarily parked.

"Parking placard for persons with disabilities" means a distinguishing placard issued to a person with a disability by a county upon certification of disability pursuant to chapter 11-219, Hawaii Administrative Rules, or by a foreign jurisdiction and bearing the international symbol of accessibility.

"Parking space" means an area of space in a parking facility that is used for parking one motor vehicle at any time.

"Parking space designated for persons with disabilities" means any metered or unmetered parking space designated for the use of a person with a disability, as defined in this section, and which conforms with the Uniform Federal Accessibility Standards, 41 C.F.R. 101-19.6, Appendix A, 4.6.2 and 4.6.3. These spaces shall be identified as reserved by a sign showing the international symbol of accessibility and stating that a parkuig placard for persons with disabilities, as defined in this section, is required.

"Potential human exposure" means the inflicting of any wound on a person in which the skin is punctured or damaged in any manner by the teeth of an animal.

"Qualification date" means the date determined by the State that an animal may be released from quarantine by meeting all the specified requirements under chapter 4-29, HAR.

"Quarantine" means confinement at an animal quarantine station for a designated period pursuant to this chapter, or for a period before export from the State as provided in this chapter.

"Rabies vaccine" means an inactivated rabies vaccine or live recombinant rabies vaccine licensed by the United States Department of Agriculture or equivalent foreign government agency when the vaccine is administered outside of the United States.

"Safeguard" means to confine and handle animals so that the animals shall not come into physical contact with any other animal, or cause a potential human exposure, at any time. The location and method of confinement and handling shall be approved by the state.

"Satellite quarantine station" means a facility, other than the animal quarantine station, which holds a valid permit issued under section 4-29-12 and at which animals subject to quarantine may be housed.

"Service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability. The work or tasks include but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behavior. The crime deterrent effects of an animal's presence, such as dogs with "protection training" and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

"Service dog" means another term for service animal.

"Shipmaster's declaration" means an official state form which shall be completed and submitted by a carrier and which provides information on animals transported and the name of the owner or co-owner, or both.

"Shipper" means a person who sends animals by any form of conveyance.

"State" means the State of Hawaii,

"State veterinarian" means the veterinary program administrator in the division of animal industry, department of agriculture.

"Trainer" means a person employed or engaged in training or utilizing the services of working animals.

"Transmissible disease" means any contagious, infectious, or communicable disease of any carnivore.

"User" means any person with a disability who, because of disability, relies upon the services of an exempted guide or service animal.

"United States" means the states of the union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

"Veterinary hospital" means an office or building designated for the sole purpose of providing veterinary examinations, diagnostics, and medical and surgical treatments of animals operated by a veterinarian licensed to practice in Hawaii.

"Visitor" means the person or persons designated by the owner to visit a dog, cat, or other carnivore at the animal quarantine station, but not having the authority to act in the owner's behalf.

Haw. Code R. § 4-29-2

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)
Am and comp 2/12/2016
Am and Comp 8/31/2018