Chapter 145 — Chapter 145

PART I. REGULATION OF DEALERS §145-1 Definitions. For the purpose of this chapter, unless otherwise required by the context: "Agent" means any person who, on behalf of any commission merchant, dealer, broker, processor, or retail merchant receives, contracts for, or solicits any …

§145-10 Administrative penalties. (a) The department may, after notice and opportunity for hearing, revoke or suspend any license issued under this chapter for any violation of this chapter. (b) The department may, after notice and opportunity for hearing, fine any person who vio…

§145-11 Nuisance may be enjoined, abated. Violation of this chapter is declared a public nuisance and may be enjoined or abated in like manner as other public nuisances. [L 1951, c 74, pt of §1; RL 1955, §23-11; HRS §145-11]

§145-12 Criminal penalties. Unless otherwise provided, any person who violates this chapter shall be guilty of a misdemeanor. [L 1951, c 74, pt of §1; RL 1955, §23-12; HRS §145-12; am L 2025, c 235, §28]

§145-13 Remedies and penalties not exclusive. The penalties and remedies provided in this chapter with respect to any violation of this chapter shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law …

§145-14 Disposition of fees and charges. All fees, charges, expenses, and other moneys collected pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund. [L 1951, c 74, pt of §1; RL 1955, §23-14; am L 1963, c 114, §1 and c …

§145-2 Licenses. No person shall act as a commission merchant, dealer, broker, agent, processor, or retail merchant without having obtained a license as prescribed by rules of the department. In addition to the general requirements applicable to all classes of applications as pre…

PART II. OWNERSHIP AND MOVEMENT OF AGRICULTURAL COMMODITIES §145-21 Definitions. For purposes of this part: "Agricultural commodity" means any fruit, nut, or vegetable that is the food product of any tree, vine, or plant, or any aquacultural, horticultural, silvicultural, or flor…

§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 comm…

§145-23 REPEALED. L 2025, c 235, §32.

§145-24 Authorization to inspect. (a) Every law enforcement officer or other officer or employee having reason to believe based upon specific and articulable facts that the possession, sale, or transportation of agricultural commodities is unlawful, may take reasonable steps to d…

§145-25 Enforcement; criminal penalties. In addition to any civil or administrative penalties or remedies, violations of this part or any rule adopted pursuant thereto shall be criminal offenses and shall be sentenced as follows:

§145-26 REPEALED. L 2012, c 125, §7.

§145-27 Authorization to seize and hold commodities; disposition. (a) Upon reasonable belief that a person is in unlawful possession of agricultural commodities a law enforcement officer or other officer or employee shall be authorized to hold the agricultural commodity for not l…

§145-28 REPEALED. L 2012, c 125, §8.

§145-3 Records. Every produce dealer shall keep a record of each lot, shipment, or consignment of farm produce received or taken by the produce dealer, which shall be in such form and in such detail as may be prescribed by the department of agriculture and biosecurity. [L 1951, c…

Part III. produce safety--REPEALED §§145-31 to 145-39 REPEALED. L 2019, c 103, §4(1).

§145-4 Bonding of commission merchant and broker. Before any license is issued to any commission merchant or broker, the applicant shall execute and deliver to the department a surety bond in the amount specified in the rules of the department, but not to exceed $10,000, executed…

§145-5 Reports of consignment sales. Every commission merchant shall make a written report to the producer for farm produce handled on consignment on behalf of said producer, within the time and manner as may be prescribed by the department. Making a false or incorrect report sha…

§145-6 Remittances. Every commission merchant, dealer, broker, agent, processor, or retail merchant shall make payment in full to the producer within such time as may be prescribed by the department. Payment in full means payment of the price agreed upon by the producer and the c…

§145-7 Credit for loss or dumping. No claim or credit in any payment, accounting, or settlement shall be made or taken against a producer by any commission merchant, dealer, processor, or retail merchant for any damage to, or loss, dumping, or disposal, of any farm produce unless…

§145-8 Duty of department. The department of agriculture and biosecurity shall administer and enforce this chapter. [L 1951, c 74, pt of §1; RL 1955, §23-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-8; am L 2025, c 236, §17]

§145-9 Complaints and investigations. The department of agriculture and biosecurity may receive verified complaints from any producer against any commission merchant, dealer, broker, agent, processor, or retail merchant or any person assuming or attempting to act as such and upon…