HAR §4-48-10. Record keeping

(a) Every commission merchant having received any farm product for sale as a commission merchant, shall promptly make and keep for one year a record indicating in detail the following with reference to handling, sale, or storage of the farm product: (1) The name and address of the consignor; (2) The commodity, quantity, and date received; (3) The condition and quality upon arrival; (4) The date of sale; (5) The price for which each lot was sold; (6) An itemized statement of the charges to be paid by the consignor in connection with the sale, including commission charges; (7) A lot number or other identifying mark for each consignment transaction with the number or mark appearing on all sales tags, or other essential records needed to show what the product actually sold for; (8) Any claim which has been or may be filed by the commission merchant against any person for overcharges or damages resulting from injury or deterioration of farm products by the act, neglect, or failure of such persons; and (9) The names and addresses of all purchasers, if the commission merchant has any financial interest in the business of the purchasers or if the purchasers have any financial interest in the business of the commission merchant, directly or indirectly, as holder of the other's corporate stock, as co-partner, as lender or borrower of money to or from the other, or otherwise. The interest shall also be noted following the name of the purchaser. (b) Every broker, upon negotiating the sale of farm products, shall issue to both the buyer and seller a written memorandum of sale, indicating the commodity, price, date of delivery, quality, quantity, and other details of the transaction. A copy of this memorandum shall be retained by the broker for a period of one year. (c) Every dealer, processor, and retail merchant purchasing any farm product from the producer shall promptly make and keep for one year, a correct record showing the following: (1) The name and address of the producer; 48-7 '4-48- (2) The commodity, quantity, and the date received; (3) The condition and quality upon arrival; (4) The price to be paid; (5) The date paid; and (6) An itemized statement of any charges paid by the licensee for the account of the producer. [Eff 5/29/81; comp 3/24/86] (Auth: HRS '145-15) (Imp: HRS '145-3) '4-48-11 Dumping certificate requirement, exception. The dumping certificate requirements of section 145-7, Hawaii Revised Statutes, shall not apply to a processor who handles produce on a pack out basis, provided that the processor shall, promptly upon completion of the sample evaluation or the preliminary processing and grading operation of each lot or delivery of product, notify the producer of the results obtained including: (1) The net weight or percentage by weight of each grade or quality; (2) The purchase price or prices; (3) The deduction for processing or other charges; and (4) The net amount due the producer. [Eff 5/29/81; am and comp 3/24/86] (Auth: HRS '145-15) (Imp: HRS '145-7)