[§329-71] 
Requirements when selling specific chemicals.  (a)  Any
manufacturer, wholesaler, retailer, or other person in this State who sells to
any person in this State or any other state any quantity of sodium cyanide,
potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric
chloride, sodium metal, lead acetate, paladium black, red phosphorus, white
phosphorus (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 for
in-state sales that shall include a valid motor vehicle operator's license or
other official and valid state-issued identification of the purchaser that
contains a photograph of the purchaser, and includes the residential or mailing
address of the purchaser, other than a post office box number, the motor
vehicle license number of the motor vehicle used by the purchaser at the time
of purchase, a description of how the substance is to be used, the
Environmental Protection Agency certification number or general excise tax
license number assigned to the individual or business entity for which the
individual is purchasing any chlorofluorocarbon product, and the signature of
the purchaser.  Proper purchaser identification for out-of-state sales shall
include all of the above information, except the motor vehicle license number
and the signature of the purchaser.  The out-of-state sale information shall
also include the means by which the purchase was delivered or provided to the
purchaser and the delivery address, if different from the identification
address provided by the purchaser;



(2)  Prepare a bill of sale that both describes with
particularity the specific items and quantities sold and sets forth the proper
purchaser identification information and affix to the bill of sale the preparer’s
signature as witness to the sale and identification of the purchaser;



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



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



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



(1)  Prepare a record of the purchase including
information identifying the source of the items purchased, the date of
purchase, 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 three
years in a readily producible manner and produce the record of purchase upon
demand to any law enforcement officer or authorized representative of the
department.



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



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



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



(d)  The requirements of this section do not
apply to either of the following:



(1)  Any sale of iodine at concentrations less than
1.5 per cent by weight in a solution or matrix under the threshold of two
ounces in a single transaction; or



(2)  Any sale of iodine made to a licensed health care
facility, any manufacturer licensed by the department of health, or wholesaler
licensed by the Hawaii state board of pharmacy who sells, transfers, or
otherwise 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 not
more than $100,000. [L 2004, c 193, pt of §1]