HOUSE OF REPRESENTATIVES	H.B. NO.	1243
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

relating to hemp.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Act 14, Session Laws of Hawaii 2020, is amended by amending section -C contained in section 2 of the Act to read as follows:

"§ -C Hemp processing; hemp product sale and prohibitions; labeling. (a) No hemp shall be processed into hemp products, nor shall any hemp processor hold for processing or sale any hemp, unless lawfully obtained from a person approved or otherwise authorized by applicable federal, state or local law to cultivate hemp plants.

(b) Hemp and hemp products shall be processed within an enclosed indoor facility secured to prevent unauthorized entry. Hemp, hemp products, and any toxic or otherwise hazardous by-products of hemp 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 in a manner that prevents cross-contamination and unintended exposures.

(c) Hemp shall not be processed within 500 feet of a pre-existing playground, school, state park, state recreation area, residential neighborhood, hospital, or daycare facility.

(d) Hemp shall not be processed using butane in an open system where fumes are not contained or by use of any other method of processing the department determines poses a risk to health and safety.

(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, synthetic cannabinoid, hemp extract, hemp derivatives or other hemp product that has been added as an ingredient or component. 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 person shall sell, hold, offer, or distribute for sale any hemp product into which a synthetic cannabinoid has been added.

(g) No person shall sell, hold, offer, or distribute for sale any cannabinoid products used to aerosolize for respiratory routes of delivery, such as an inhaler, nebulizer or other device designed for such purpose.

(h) No person shall sell, hold, offer, or distribute for sale, any hemp leaf or hemp floral material that is intended to be smoked or inhaled, including but not limited to hemp cigars or hemp cigarettes.

(i) Except for 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 hemp or hemp derivatives 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.

(j) No person shall sell, hold, offer, or distribute for sale, hemp products without a label, in a form prescribed by the department, affixed to the packaging that [identifies] includes, at a minimum, the following:

(1) The hemp product name;

(2) A list of all ingredients;

(3) The name and business address of the hemp processor;

(4) A statement reading "This product has not been evaluated by the United States Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease"; and

(5) Confirmation that the hemp product [as having] has been tested pursuant to department rules.

(k) No person shall sell, offer, or distribute for sale any hemp product to any individual under twenty-one years of age."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Hemp Products; Hemp Processors; Product Labeling; Purchasing Age

Description:

Amends Act 14, Session Laws of Hawaii 2020, to require hemp product labels to include the product name; ingredients; the name and business address of the help processor; and a warning that the product has not been evaluated by the Food and Drug Administration. Prohibits the sale, offer, or distribution for sale of hemp products to any individual under 21 years of age.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.