§328G-3  Hemp biomass processing; manufactured hemp product sale and prohibitions; labeling.  [See Note at beginning of chapter.]  (a)  No hemp biomass shall be processed into crude extract or manufactured hemp products, nor shall any hemp processor hold for processing or sale any hemp biomass, unless lawfully obtained from a person approved or otherwise authorized by applicable federal, state or local law to cultivate hemp.

     (b)  Hemp biomass, crude extract, and manufactured hemp products shall be processed, packaged, labeled, and stored within an enclosed indoor facility secured to prevent unauthorized entry and in a manner that prevents cross-contamination and exposure to physical, chemical, and microbiological sources of contamination.  Any toxic or otherwise hazardous by-products of processing, or by-products, including but not limited to delta-9 tetrahydrocannabinol, shall be stored within an enclosed indoor facility, secured to prevent unauthorized entry and in a manner that prevents cross-contamination and unintended exposures.

     (c)  Hemp biomass shall not be processed into crude extract or a manufactured hemp product within five hundred feet of a pre-existing playground, school, state park, state recreation area, residential neighborhood, hospital, or daycare facility.

     (d)  Hemp biomass, crude extract, and manufactured hemp product shall not be processed by any method of processing the department prohibits by rules adopted pursuant to this chapter.

     (e)  No person shall sell, hold, offer, or distribute for sale any food, as that term is defined in section 328-1, into which a cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or manufactured hemp product that has been added as an ingredient or component unless otherwise prescribed by rules adopted by the department pursuant to this chapter.  This section shall not apply to hemp that is generally recognized as safe (GRAS) by FDA for use in foods, as intended, in a public GRAS notification.

     (f)  No crude extract or manufactured hemp product shall be sold, offered for sale, or distributed or held for sale with a tetrahydocannabinol concentration of more than 0.3 per cent unless otherwise prescribed by rules adopted by the department pursuant to this chapter.

     (g)  No person shall sell, hold, offer, or distribute for sale any crude extract or manufactured hemp product into which an artificially derived cannabinoid or a synthetic cannabinoid has been added.

     (h)  No person shall sell, hold, offer, or distribute for sale any cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or any other product containing hemp used to aerosolize for respiratory routes of delivery, such as an inhaler, vape pen, or other device designed for such purpose.

     (i)  Except for manufactured hemp products intended for external topical application to the skin or hair, no person shall sell, hold, offer, or distribute for sale any products containing a cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or manufactured hemp product as an ingredient that are intended to be introduced via non-oral routes of entry to the body, including but not limited to, use in eyes, ears, and nasal cavities, unless otherwise specified by the department pursuant to section 328G-4(a)(7).

     (j)  No person shall sell, hold, offer or distribute for sale manufactured hemp products without a label, in a form prescribed by the department in rules adopted pursuant to this chapter affixed to the package and includes and clearly identifies the percentage of Hawaii-grown hemp in hemp products in font large enough for consumers to easily read on the label on the physical product and not only online through a quick response code; provided that any hemp product not grown in Hawaii shall identify:

     (1)  The origin and percentage of the hemp from outside the State in the hemp product; or

     (2)  If there are multiple origins of the hemp in the hemp product, the percentage of hemp origin as "United States" or "foreign", if including hemp from a source outside the United States.

     (k)  Crude extract shall be sold only to a hemp processor with a valid permit issued by the department, or to a person with equivalent authority from a regulatory agency in another jurisdiction, and shall be sold only with a label affixed to the package in a form prescribed by the department pursuant to rules adopted pursuant to this chapter.  No person shall sell, hold, offer, or distribute for sale, crude extract directly to any consumer.

     (l)  Crude extract and manufactured hemp products shall comply with laboratory-based testing, as prescribed by the department, prior to sale. [L 2020, c 14, pt of §2, §9; am L 2022, c 137, §2; am L 2023, c 263, §7]