Hawaii § 145-22 - Agricultural commodities; ownership and movement certification.

§ 145-22. Agricultural commodities; ownership and movement certification.

(a) Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity, shall complete and retain a certificate describing the commodity, the amount of the commodity, and value of the commodity. The certificate shall include: (1) The seller's name, residence address, telephone number, and license plate number of any vehicle used by the seller to deliver the commodity to the place of purchase; (2) The name of the farm owner and address of origin; (3) The name of the buyer or consignee, and destination; and (4) The signature of the seller and, upon sale, the signature of the buyer or consignee. (b) Prior to completing the certificate, the buyer or consignee shall also require the seller to verify the seller's identity by having the seller present a valid photo identification card or license issued to the seller by a federal or state government agency. If the commodity being offered for sale has a value of $300 or more, the seller shall also provide the buyer with a photocopy of the identification card or license of the seller. (c) No prospective buyer or consignee shall purchase an agricultural commodity from a seller if the seller does not provide a copy of the ownership and movement certification and verification as required by subsections (a) and (b). Every prospective buyer or consignee shall report an attempted sale that does not meet the requirements of subsections (a) and (b) to the police. (d) Two copies of the certificate shall accompany the shipment, and one copy each shall be retained by the seller and the buyer or consignee. One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer, employee, or any other person authorized and designated by the board of agriculture and biosecurity to investigate and enforce this chapter and all rules adopted by the department pursuant thereto. (e) A failure to comply with any requirement under this section shall constitute a criminal offense subject to penalties under section 145-25; provided that this section shall not apply to the retail sale of an agricultural commodity to the final consumer. [L 1999, c 186, pt of §2; am L 2003, c 20, §2; am L 2012, c 125, §2; am L 2025, c 235, §29 and c 236, §18] Previous Vol03_Ch0121-0200D Next