Proof of ownership

Provides ownership and certification requirements for
agricultural goods and commodities.  (HB138 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 145, Hawaii Revised Statutes, is amended
 2 by adding a new part to be appropriately designated and to read
 3 as follows:
 5      145-    Agricultural goods and commodities; ownership and 
 6 movement certification.  Every owner, upon sale or transportation
 7 of lots of over two hundred pounds of any fruits, nuts, or
 8 vegetables that are the food product of any tree, vine, or plant
 9 and that are marketed for commercial purposes, shall complete a
10 certificate describing the commodity and indicating:
11      (1)  The seller, owner, buyer, or consignee;
12      (2)  The origin; and
13      (3)  The destination.
14 Two copies of the certificate shall accompany the shipment and a
15 copy shall be retained by the owner.  One of the copies of the
16 certificate shall be presented upon request to a state or county
17 law enforcement officer or other officer or employee as described
18 in section 145-  .

Page 2                                                     138
                                     H.B. NO.           H.D. 2

 1      145- Enforcement; citation and summons.  Violations of
 2 the provisions of this part or any rule adopted pursuant thereto
 3 may be enforced by citation and summons issued by:
 4      (1)  Any state or county law enforcement officer; or
 5      (2)  Any officer or employee of the department of
 6           agriculture, authorized and designated by the board of
 7           agriculture to investigate and enforce the provisions
 8           of this chapter and all rules adopted by the department
 9           pursuant thereto.
10      145-   Form of citation and summons.  (a)  In issuing
11 citations and summons for violations of this part, state and
12 county law enforcement officers shall use the summons and
13 complaint citation books issued by the judiciary for violations
14 of the traffic code.
15      (b)  Citations issued by officers and employees as described
16 in section 145-  (2) shall use citation and summons forms that
17 shall warn the person to appear and answer the charge against the
18 person at a place and at a time within thirty days after the
19 citation.  The citation and summons shall be so designed to
20 include all necessary information to make it valid and legal
21 under the laws and rules of the State.

Page 3                                                     138
                                     H.B. NO.           H.D. 2

 1      The citation and summons shall be in a form that allows a
 2 carbon copy to be provided to the accused.  The district courts
 3 may provide for the disposition of the original and any other
 4 copies.  Every citation and summons shall be consecutively
 5 numbered and each carbon copy shall bear the number of its
 6 respective original.
 7      145-   Administration of oath.  When a complaint is made by
 8 officers and employees as described in section 145-  (2) to any
 9 prosecuting officer of the violation of the provisions of this
10 part and all rules adopted pursuant thereto, the officer or
11 employee who issued the citation and summons shall subscribe to
12 it under oath administered by another official of the department
13 whose name has been submitted to the prosecuting officer and who
14 has been designated by the chairperson of the board of
15 agriculture to administer the oaths."
16      SECTION 2.  Chapter 145, Hawaii Revised Statutes, is amended
17 by amending its title to read as follows:
18                           "CHAPTER 145
20      SECTION 3.  Chapter 145, Hawaii Revised Statutes, is amended
21 by designating sections 145-1 to 145-15 as part I and inserting a
22 title before section 145-1 to read as follows:

Page 4                                                     138
                                     H.B. NO.           H.D. 2

 1                 "PART I.  REGULATION OF DEALERS"
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 3 New statutory material is underscored.
 4      SECTION 5.  This Act shall take effect upon its approval.