Agricultural Theft Resources

---

Chapter 145 - Regulation of Farm Product
Chapter 145 provides information regarding the definition of a farm product dealer (part I) in Hawaii, the requirements and responsibilities of a dealer, duties of the department, as well as rules and regulations pertaining to complaints, investigations, remedies and penalties by dealers. Additionally, this chapter provides information regarding the ownership and movement of agricultural commodities (part II) within Hawaii and provides information regarding the definition the ownership and movement of agricultural commodities, form documentation requirements, proof of ownership or lack there of, inspection, enforcement, penalties, and the seizure of commodities.

---

Part I - Regulation of Dealers

• Section
  • 145-1 Definitions
  • 145-2 Licenses
  • 145-3 Records
  • 145-4 Bonding of commission merchant and broker
  • 145-5 Reports of consignment sales
  • 145-6 Remittances
  • 145-7 Credit for loss or dumping ​

• 145-8 Duty of department
• 145-9 Complaints and investigations
• 145-10 Administrative penalties
• 145-11 Nuisance may be enjoined, abated
• 145-12 Misdemeanor
• 145-13 Remedies and penalties not exclusive
• 145-14 Disposition of fees and charges
• 145-15 Rules and regulations

You may be subject to licensing as a dealer in farm products if you are selling, processing or handling agricultural farm product(s) produced or grown in Hawaii and if the product was purchased or obtained directly from a Hawaii producer, farmer, nurseryman or grower. This license is issued by the Hawaii Department of Agriculture. If you are subject to this license, please complete a DL-2 application. Operating your business without the proper license, is a violation and may result in a penalty. ​

---

Part II - Ownership and Movement of Agricultural Commodities

• 145-21 Definitions​
• 145-22 Agricultural commodities; ownership and movement certification*​
  • Ownership and movement certificate (DL-22)**
• 145-23 Lack of proof of ownership as a violation
• 145-24 Authorization to inspect
• 145-25 Enforcement; criminal penalties*
• 145-26 Repealed
• 145-27 Authorization to seize and hold commodities; disposition
• 145-28 Repealed

**HDOA Ownership and Movement Certificate (9/2004)

*Amendments to H.B. NO. 2561; H.D. 1 of the Twenty-eighth Legislature, 2016 (pages 38-42; highlighted)

• Status: (Passed) 2016-07-12 - Became law without the Governor's signature, Act 231, 07/11/2016, (Gov. Msg. No. 1340). (HB2561 Detail)​

If you sell any amount of an agricultural commodity that is to be marketed for commercial purposes; or transport agricultural commodities weighing more than 25 pounds or the value is $100.00 or more, an ownership and movement certificate is required by law.

---

Handouts from Oct. 27, 2017 Agricultural Theft Community Meeting held in Kona

**HDOA handout for Proof of Ownership (8/2012)

HDOA handout for Farm Product Dealer (3/2015)

**Information on forms and handouts may not reflect recent changes and amendments related to agricultural theft. Refer to amendments above.

---

Contact website management if you require any assistance with the site or information provided.