SB2102

SECTION 1. The legislature finds that allowing industrial hemp-derived ingredients in certain animal feeds, in a manner aligned with federal law and science-based standards, would diversify the State's agriculture and strengthen supply-chain resilience. The legislature recognizes that Montana succeeded in enacting a regulatory framework in 2021 that allows hemp ingredients in pet, specialty pet, and horse feed while making its allowance in livestock feed contingent on federal action.

Accordingly, the purpose of this Act is to adopt a federally aligned approach to updating the State's feed law to regulate the integration of hemp-derived ingredients.

SECTION 2. Chapter 144, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§144- Hemp and hemp-derived ingredients in commercial feed; regulation. (a) Beginning July 1, 2026, hemp or hemp‑derived feed ingredients may be manufactured, distributed, and used in commercial feed for pets, specialty pets, and horses in the State; provided that each hemp or hemp-derived feed ingredient shall be:

(1) Registered pursuant to section 144-3 and labeled pursuant to section 144-4 and any rules adopted under this chapter;

(2) Sourced from hemp produced in compliance with any applicable federal or state laws; and

(3) In compliance with department rules on tetrahydrocannabinol limits, contaminants, good manufacturing practices, and species-specific directions for use.

(b) Hemp or hemp-derived feed ingredients may be manufactured, distributed, and used for commercial feed for livestock in the State; provided that the United States Food and Drug Administration has approved the ingredient for its intended use in commercial feed for livestock or the Association of American Feed Control Officials has published a definition for the ingredient and its intended use in its official publication; provided further that upon approval of hemp or a hemp-derived feed ingredient for livestock by the United States Food and Drug Administration or the Association of American Feed Control Officials, the department may adopt rules to implement this subsection, including providing for its labeling and conditions of use.

(c) Manufacturers and distributors of commercial feed containing hemp or hemp-derived feed ingredients shall maintain records as required by the department pursuant to subsection (f), including lot identity, certificates of analysis, and proof of lawful hemp sourcing, and shall provide product samples for testing upon request by the department.

(d) Nothing in this section shall be construed to authorize the manufacture, distribution, or use of cannabinoids, including cannabidiol, in feed unless expressly permitted under federal law for the intended species and use.

(e) Nothing in this section shall be construed to authorize the use of cannabinoids in human food, beverages, or cosmetics regulated pursuant to chapter 328.

(f) The department shall adopt rules pursuant to chapter 91 to implement this section. The rules shall provide for:

(1) Ingredient registration;

(2) Testing;

(3) Labeling;

(4) Recordkeeping;

(5) Inspection and sampling;

(6) Tolerances for tetrahydrocannabinol and contaminants;

(7) Good manufacturing practices; and

(8) Enforcement consistent with this chapter and applicable Association of American Feed Control Officials model regulations."

SECTION 3. Section 144-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Hemp" has the same meaning as defined in title 7 United States Code section 1639o.

"Hemp-derived feed ingredient" means a substance derived from hemp that is manufactured and used for commercial feed in compliance with this chapter and rules adopted pursuant to this chapter. "Hemp-derived feed ingredient" includes hempseed, hempseed oil, hempseed meal, and hempseed cake. "Hemp-derived feed ingredient" does not include cannabinoids, including cannabidiol, manufactured and used for commercial feed unless and until expressly permitted for the intended species by the United States Food and Drug Administration or defined in the official publication of the Association of American Feed Control Officials.

"Specialty pet" means any animal normally maintained in a household, including but not limited to rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur."

SECTION 4. Section 144-2, Hawaii Revised Statutes, is amended by amending the definition of "commercial feed" to read as follows:

""Commercial feed" means all feed except:

(1) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, that are distributed for use as feed or for mixing in feed;

(2) Hay, straw, stover, silage, cobs, husks, and hulls when:

(A) Unground; or

(B) Unmixed with other materials;

(3) Wet garbage;

(4) Individual chemical compounds when not mixed with other materials; and

(5) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay[.];

provided that "commercial feed" includes feed containing or mixed with hemp or hemp-derived feed ingredients for a pet, specialty pet, or horse; provided further that "commercial feed" shall include feed containing or mixed with hemp or hemp-derived feed ingredients for livestock only upon approval of the ingredient and permissible species by the United States Food and Drug Administration or its definition in the official publication of the Association of American Feed Control Officials."

SECTION 5. No later than December 31, 2026, the department of agriculture and biosecurity shall initiate rulemaking to recognize any hemp-derived feed ingredient defined in the official publication of the Association of American Feed Control Officials.

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2102
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII