Authorization to seize and hold commodities; disposition
HRS §145-27
in effect145-27. Authorization to seize and hold commodities; disposition
(a) Upon reasonable belief that a person is in unlawful possession of agricultural commodities a law enforcement officer or other officer or employee shall be authorized to hold the agricultural commodity for not longer than forty-eight hours to investigate and ascertain the ownership of the agricultural commodity. If the lawful owner is determined and located, the agricultural, aquacultural, or horticultural commodity shall be released to the lawful owner.
(b) If for any reason the agricultural
commodity is not released to the lawful owner after being in the custody of the
law enforcement officer or other officer or employee for forty-eight hours, or
less in the case of highly perishable commodities, the commodity may be sold at
fair market value to any retailer, wholesaler, or packer of the commodity. All
of the proceeds derived from the sale shall be held by the law enforcement
officer or other officer or employee for not longer than six months, during which
time the lawful owner of the commodity may submit satisfactory proof of
ownership and obtain possession of the proceeds. The owner may be held
responsible for any costs and expenses that may be incurred by the law
enforcement officer or other officer or employee. Any proceeds of sale not
recovered within six months for lack of a claim or for insufficient proof shall
be treated as unclaimed property of the State.
(c) Any commodity that remains unsold after
being offered for sale pursuant to this section may be donated to a nonprofit
charitable organization or destroyed at the discretion of the law enforcement
officer or other officer or employee.
(d) For the purposes of this section,
"officer or employee" means any officer or employee of the department
of agriculture and biosecurity or any other person authorized and designated by
the board of agriculture and biosecurity to investigate and enforce this
chapter and all rules adopted by the department pursuant thereto.
[L 1999, c
186, pt of §2; am L 2012, c 125, §5; am L 2025, c 236, §§17,
18]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0145/HRS_0145-0027.htmFetched: 11/10/2026