PART I.  REGULATION OF DEALERS

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 a producer thereof, or who negotiates the consignment or purchase of any farm product on behalf of any commission merchant, dealer, broker, processor, or retail merchant.

     "Broker" means any person, other than a commission merchant or dealer, who negotiates the purchase or sale of any farm product; provided, however, that no broker may obtain possession of any farm product involved.

     "Commission merchant" means any person who receives on consignment or solicits from the producer thereof any farm product for sale on commission on behalf of the producer, or who accepts any farm product in trust from the producer thereof for the purpose of resale, or who sells or offers for sale on commission any farm product, or who in any way handles for the account of or as an agent of the producer thereof any farm product.

     "Consignor" means any person who ships or delivers to any commission merchant, dealer, processor, or retail merchant any farm product for handling, sale, or resale.

     "Consumer" means any person purchasing farm products for the person's own family use or consumption.

     "Dealer" means any person who solicits or obtains from the producer thereof title, possession or control of any farm product at a specified unit price for the purpose of resale in its natural state to other than the consumer thereof; provided, however, that no dealer shall obtain title, possession or control of any farm product except by contract of purchase, wherein the quantity and price to be paid by the dealer to the producer are designated in the contract.

     "Department" means the department of agriculture.

     "Farm produce" or "farm product" means all agricultural, horticultural, and vegetable produce of the soil; poultry, poultry products, livestock, and livestock products, but shall not include (1) timber or timber products; (2) milk or milk products; (3) sugarcane or sugarcane products; or (4) pineapple or pineapple products, other than fresh pineapple purchased from a producer for resale in its natural state.

     "Processed" means to can, preserve, freeze, pickle, dry, or otherwise prepare with or without added ingredients.

     "Processor" means any person who contracts for or obtains possession of any farm product from the producer thereof for resale in a processed form, but shall not include hotels, restaurants, or other persons furnishing meals, nor shall it include any person who processes any farm produce solely for sale directly to a consumer.

     "Producer" means any person engaged in the business of growing or producing any farm produce in the State and shall include any agricultural cooperative organization composed of producers.

     "Retail merchant" means any person who solicits or obtains from a producer thereof title, possession or control of any farm product at a specified unit price for sale at retail to a consumer.  For the purposes of this definition, sales to the United States armed forces, restaurants, hotels, hospitals, or institutions are not retail sales. [L 1951, c 74, pt of §1; am L 1955, c 99, §1; RL 1955, §23-1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-1; am L 1972, c 39, §1; gen ch 1985]

Revision Note

  Definitions rearranged.