Haw. Code R. § 23-201-11 - Reporting transactions

(a) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes a substance specified in section 329-61, Hawaii Revised Statutes, for use in this State shall report to the administrator the following:

(1) Any regulated transaction involving:

(A) An above threshold quantity;

(B) Any suspicious or out-of-the ordinary quantity of a chemical listed in section 329-61, Hawaii Revised Statutes, to include exempted items listed in section 329-64, Hawaii Revised Statutes;

(C) An uncommon method of payment or delivery; or

(D) Any other circumstances that the regulated person believes may indicate that the regulated chemical will be used in violation of this part;

(2) Any proposed regulated transaction with a person whose description or other identifying characteristics the department has previously furnished to the regulated person;

(3) Any unusual or excessive loss or disappearance of a regulated chemical listed under section 329-61, Hawaii Revised Statutes, to include exempt items designated in section 329-64, Hawaii Revised Statutes, that is under the control of the regulated person, to include exempt items. The regulated person responsible for reporting a loss in-transit is the supplier;

(4) Any regulated transaction of a tableting machine or an encapsulating machine; and

(5) All single entity ephedrine transactions.

(b) The department of public safety shall provide a common reporting form for the substances in section 329-61, Hawaii Revised Statutes, that contains at least the following information:

(1) Name of the substance;

(2) Quantity of the substance sold, transferred, or furnished;

(3) The date the substance was sold, transferred, or furnished;

(4) The name and address of the person buying or receiving the substance; and

(5) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance.

(c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any extraordinary quantity of any of the List 2 chemicals designated under section 329-61, Hawaii Revised Statutes, or sells, transfers, or otherwise furnishes any List 2 chemicals through the use of an uncommon method of payment or delivery or under any other circumstances that may make that person believe that the following chemicals could be used in violation of this part by any person in this State, shall report those transactions to the department.

(d) Any manufacturer, wholesaler, distributor, retail distributor or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes any over-the-counter-drug product containing pseudoephedrine, norpseudoephedrine, phenylpropanolamine, or an ephedrine combination shall report all "suspicious transactions" to the department.

(e) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any extraordinary quantity of any of the List 2 chemicals designated under section 329-61, Hawaii Revised Statutes, or sells, transfers, or otherwise furnishes any List 2 chemicals through the use of an uncommon method of payment or delivery or under any other circumstances that may make that person believe that the following chemicals could be used in violation of this part by any person in this' State, shall report those transactions to the department.

(f) Each report submitted to the department shall, whenever possible, be made orally to the department at the earliest practicable opportunity after the regulated person becomes aware of the circumstances involved and as much in advance of the conclusion of the transaction as possible. A written report shall also be submitted to the department following an oral report within seven calendar days.

Notes

Haw. Code R. § 23-201-11

[Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS § 329-63)