[§329-71] Requirements when selling specific chemicals.  (a)  Anymanufacturer, wholesaler, retailer, or other person in this State who sells toany person in this State or any other state any quantity of sodium cyanide,potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuricchloride, sodium metal, lead acetate, paladium black, red phosphorus, whitephosphorus (other names yellow phosphorus), iodine, hydrogen chloride gas,trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2‑trichloro-1,2,2-trifluoroethane(trichlorotrifluoroethane), sodium acetate, or acetic anhydride,notwithstanding any other provision of law, shall do the following:

(1)  Require proper purchaser identification forin-state sales that shall include a valid motor vehicle operator's license orother official and valid state-issued identification of the purchaser thatcontains a photograph of the purchaser, and includes the residential or mailingaddress of the purchaser, other than a post office box number, the motorvehicle license number of the motor vehicle used by the purchaser at the timeof purchase, a description of how the substance is to be used, theEnvironmental Protection Agency certification number or general excise taxlicense number assigned to the individual or business entity for which theindividual is purchasing any chlorofluorocarbon product, and the signature ofthe purchaser.  Proper purchaser identification for out-of-state sales shallinclude all of the above information, except the motor vehicle license numberand the signature of the purchaser.  The out-of-state sale information shallalso include the means by which the purchase was delivered or provided to thepurchaser and the delivery address, if different from the identificationaddress provided by the purchaser;

(2)  Prepare a bill of sale that both describes withparticularity the specific items and quantities sold and sets forth the properpurchaser identification information and affix to the bill of sale the preparer’ssignature as witness to the sale and identification of the purchaser;

(3)  Retain the original bill of sale containing thepurchaser identification information for at least three years in a readilyproducible manner, and produce the bill of sale containing the sale informationand purchaser identification information upon demand by any law enforcementofficer or authorized representative of the department; and

(4)  Submit a report to the department of publicsafety of all sales covered by this section.

(b)  Any manufacturer, wholesaler, retailer, orother person in this State who purchases any item listed in subsection (a)shall do the following:

(1)  Prepare a record of the purchase includinginformation identifying the source of the items purchased, the date ofpurchase, the specific items purchased, the quantities of each item purchased,and the cost of the items purchased; and

(2)  Retain the record of purchase for at least threeyears in a readily producible manner and produce the record of purchase upondemand to any law enforcement officer or authorized representative of thedepartment.

(c)  Additional requirements for manufacturers,wholesalers, retailers, or other persons who sell iodine or red or whitephosphorous are as follows:

(1)  Except as provided in subsection (d), nomanufacturer, wholesaler, retailer, or other person shall sell to anyindividual, and no individual shall buy, more than four ounces of iodine in anythirty-day period; and

(2)  Except as provided in subsection (d), nomanufacturer, wholesaler, retailer, or other person shall sell to anyindividual, and no individual shall buy, more than two ounces of red or whitephosphorous in any thirty day period.  This paragraph shall not apply to anysale of red phosphorous made to a person or business that is licensed orregulated by state or federal law with respect to the purchase or use of red orwhite phosphorous.

(d)  The requirements of this section do notapply to either of the following:

(1)  Any sale of iodine at concentrations less than1.5 per cent by weight in a solution or matrix under the threshold of twoounces in a single transaction; or

(2)  Any sale of iodine made to a licensed health carefacility, any manufacturer licensed by the department of health, or wholesalerlicensed by the Hawaii state board of pharmacy who sells, transfers, orotherwise furnishes the iodine to a licensed pharmacy, physician, dentist,podiatrist, or veterinarian.

(e)  A person violating this section shall be guilty of a misdemeanor and fined notmore than $100,000. [L 2004, c 193, pt of §1]