Report Title:

Agricultural Commodity Certification

 

Description:

Requires that any person or entity who purchases large quantities of agricultural commodities for purposes of resale to verify the identity of the seller and record each such transaction on forms authorized by the department of agriculture in each county. Requires the department of agriculture to establish a relative retail value formula for agricultural commodities.

HOUSE OF REPRESENTATIVES

H.B. NO.

2269

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the sale, transport, or shipment of agricultural commodities.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 145, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows:

"145- Verification of an agricultural commodity seller's identity; required. No wholesaler, retailer, vendor, delivery service, or shipper of agricultural commodities licensed to do business in the State shall execute a transaction for the purchase, shipment, or delivery of agricultural commodities in lots of over two hundred pounds or with a relative retail value of at least $100, with a person who is unable to supply verification of the person's identity with a valid state-issued identification card or driver's license.

(b) Violation of this section shall be a subject to a civil penalty of $1,000 for each separate offense.

145- Record of verified identification. (a) Any wholesaler, retailer, vendor, delivery service, or shipper of agricultural commodities in lots of over two hundred pounds or with a relative retail value of at least $100 who is licensed to do business in the State shall record the following information on a form prescribed by the department:

(1) The name and address of the person offering the agricultural commodity for sale, transport, or shipment;

(2) The name, address, date of birth, and the age of the person from whom the agricultural commodity was received;

(3) The date and time the agricultural commodity was received;

(4) The signature of the person from whom the agricultural commodity was received;

(5) The driver's license number, or if the person does not possess a driver's license, the number of and description of any government issued identification which bears a photograph of the person from whom the agricultural commodity was received;

(6) A complete and accurate description of the agricultural commodity received, including any labeling or trademark;

(7) A reasonable estimate of the quantity of the agricultural commodity received;

(8) The price paid by the wholesaler, vendor, or purchaser for each agricultural commodity; and

(9) An attestation of ownership or responsibility by the person offering the agricultural commodity for sale, transport, or shipment for the agricultural commodity being sold, transported, or shipped.

(b) A wholesaler, retailer, vendor, delivery service, or shipper of agricultural commodities in lots of over two hundred pounds or with a relative retail value of at least $100 and licensed to do business in the State shall maintain records required under this section for at least three calendar years from the date of the transaction or other date deemed necessary by the department.

(c) The department shall adopt rules, forms, and procedures in accordance with chapter 91 to effectuate this section.

145- Formula to determine relative retail value of agricultural commodities; established. The department shall establish a formula to determine the relative retail value of an agricultural commodity that may be used for the purposes of this part in accordance with chapter 91."

SECTION 2. Section 145-22, Hawaii Revised Statutes, is amended to read as follows:

"[[]145-22[]] Agricultural commodities; ownership and movement certification. Every owner, upon sale or transportation of lots of over two hundred pounds or with a relative retail value of at least $100, of any agricultural commodity that is marketed for commercial purposes, shall complete a certificate describing the commodity and indicating:

(1) The seller, owner, buyer, or consignee;

(2) The origin; and

(3) The destination.

Two copies of the certificate shall accompany the shipment and a copy shall be retained by the owner. One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer or employee as described in section 145-25."

SECTION 3. Section 145-23, Hawaii Revised Statutes, is amended to read as follows:

"[[]145-23[]] Lack of proof of ownership as a violation. The failure of any person who sells, transports, or possesses after sale or transport, agricultural commodities in lots of over two hundred pounds or with a relative retail value of at least $100, to maintain a certificate of ownership or other written proof of ownership that describes the commodity is a violation of this part."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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