§142-3  Department; general duties and powers.  (a)  The department of agriculture and biosecurity shall have charge, direction, and control of all matters relating to the inspection of animals, including brand inspection, and the prevention and eradication of contagious, infectious, and communicable diseases among animals and of all matters relating to the animal industry within this chapter.

     (b)  In the performance of its duties under this chapter, the department of agriculture and biosecurity may:

     (1)  Conduct investigations, collect data, and require reports from owners of animals, including livestock animals, as may be necessary to conduct inspections or facilitate its decisions;

     (2)  Enter upon private property, including agricultural lands, as may be necessary in making any investigation or inspection required or authorized by this chapter; provided that the entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence by the department or its employees acting in the course of their official duties;

     (3)  Establish and assess fees pursuant to chapter 91 to cover a portion of the department's costs in carrying out the implementation and administration of any programs established or authorized under this chapter;

     (4)  Recover expenses incurred in taking any action required by the owner of the animals, including livestock, in the same manner that debts are recoverable by law;

     (5)  Assess and collect administrative penalties for violation of this chapter, any rule adopted thereunder, or order issued by the department or board of agriculture [and biosecurity] pursuant to this chapter;

     (6)  Place liens, as needed, on the owner's property, to be collected as delinquent taxes against lands and property, if the owner neglects to pay any costs, expenses, or penalties chargeable to the owner under this chapter, or any rule, order, or condition adopted, issued, or required under this chapter;

     (7)  With the assistance of the attorney general, institute and pursue all court actions that may be necessary to obtain the enforcement of any order issued by the department or board of agriculture [and biosecurity] in carrying out this chapter;

     (8)  Cooperate, advise, consult, contract, or enter into cooperative agreements with the United States government, or any of its agencies, other state agencies, or the county governments, or any of its agencies; and

     (9)  Take any and all other actions as may be necessary to carry out this chapter. [L 1905, c 82, pt of §4; am L 1915, c 136, §8; RL 1925, §609; RL 1935, §204; RL 1945, §1053; RL 1955, §20-3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-3; am L 2025, c 235, §8 and c 236, §17]