Note Sections 145-1 to 145-15 designated as Part I by L 1999, c 186, §4. §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 farm products from […]
§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 violates this chapter or any rule adopted under this chapter, not more than […]
§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] Rules of Court Injunction, see HRCP rule 65.
§145-12 Misdemeanor. Any person who violates this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1951, c 74, pt of §1; RL 1955, §23-12; HRS §145-12]
§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 with respect to any such violation. [L 1951, c […]
§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 193, §13; HRS […]
§145-15 Rules and regulations. The department shall have the necessary powers to make rules and regulations as may be necessary to carry out the intent and purpose of this chapter, including but not limited to the following: (1) Definition of terms; (2) Establishing licensing requirements, licensing fees, bonding requirements and bonding procedures; (3) Establishing criteria […]
§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 prescribed by rule, the following requirements shall apply to each class of application […]
§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. [L 1951, c 74, pt of §1; RL 1955, §23-3; am […]
§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 by the applicant as principal and by a surety […]
§145-5 Reports of consignment sales. Every commission merchant shall make a written report to the producer for farm produce handled on consignment in behalf of said producer which shall be within such time and in such detail as may be prescribed by the department. Making a false or incorrect report shall constitute a misdemeanor under […]
§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 commission merchant, dealer, broker, agent, processor, or retail merchant, except […]
§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 such claim or credit has been agreed to […]
§145-8 Duty of department. The department of agriculture 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]
§145-9 Complaints and investigations. The department of agriculture 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 receipt of the verified complaint may make any and all necessary investigations relative to the complaint. In […]
