THE SENATE

S.B. NO.

2102

THIRTY-THIRD LEGISLATURE, 2026

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INDUSTRIAL HEMP.

 

 

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

 


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

     (c)  Nothing in this section shall be construed to authorize the manufacture, distribution, or use of cannabinoids, including cannabidiol.

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

     (e)  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 as follows:

     1.  By adding three new definitions to be appropriately inserted and to read:

     ""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, including hempseed, hempseed oil, hempseed meal, and hempseed cake.

     "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."

     2.  By amending the definition of "commercial feed" to read:

     ""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."

     SECTION 4.  No later than December 31, 2026, the department of agriculture and biosecurity shall initiate rulemaking for the purpose of implementing section 144‑  (e), Hawaii Revised Statutes.

     SECTION 5.  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 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.


 


 

 

Report Title:

DAB; Hemp; Hemp-Derived Feed Ingredient; Commercial Feed; Rules

 

Description:

Beginning 7/1/2026, authorizes the use of hemp-derived feed ingredients in certain commercial animal feeds.  Authorizes the use of hemp and hemp-derived feed ingredients in commercial feed for livestock.  Requires the Department of Agriculture and Biosecurity to adopt rules.  Effective 7/1/2050.  (SD2)

 

 

 

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