PART I. REGULATION OF DEALERS

 

Note

 

  Sections 145-1 to145-15 designated as Part I by L 1999, c 186, §4.

 

§145-1  Definitions.  For the purpose ofthis chapter, unless otherwise required by the context:

"Agent" means any person who, onbehalf of any commission merchant, dealer, broker, processor, or retailmerchant receives, contracts for, or solicits any farm products from a producerthereof, or who negotiates the consignment or purchase of any farm product onbehalf of any commission merchant, dealer, broker, processor, or retailmerchant;

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

"Commission merchant" means anyperson who receives on consignment or solicits from the producer thereof anyfarm product for sale on commission on behalf of the producer, or who acceptsany 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 anyway handles for the account of or as an agent of the producer thereof any farmproduct;

"Consignor" means any person whoships or delivers to any commission merchant, dealer, processor, or retailmerchant any farm product for handling, sale, or resale;

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

"Dealer" means any person whosolicits or obtains from the producer thereof title, possession or control ofany farm product at a specified unit price for the purpose of resale in itsnatural state to other than the consumer thereof; provided, however, that nodealer shall obtain title, possession or control of any farm product except bycontract of purchase, wherein the quantity and price to be paid by the dealerto the producer are designated in the contract;

"Department" means the department ofagriculture;

"Farm produce" or "farmproduct" means all agricultural, horticultural, and vegetable produce ofthe soil; poultry, poultry products, livestock, and livestock products, butshall not include (1) timber or timber products; (2) milk or milk products; (3)sugarcane or sugarcane products; or (4) pineapple or pineapple products, otherthan 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 whocontracts for or obtains possession of any farm product from the producerthereof for resale in a processed form, but shall not include hotels,restaurants, or other persons furnishing meals, nor shall it include any personwho processes any farm produce solely for sale directly to a consumer;

"Producer" means any person engagedin the business of growing or producing any farm produce in the State and shallinclude any agricultural cooperative organization composed of producers;

"Retail merchant" means any personwho solicits or obtains from a producer thereof title, possession or control ofany 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]