Bill Text: HI SB1027 | 2021 | Regular Session | Amended
Bill Title: Relating To Hemp.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-25 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Branco, Tam voting aye with reservations; none voting no (0) and none excused (0). [SB1027 Detail]
Download: Hawaii-2021-SB1027-Amended.html
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THE SENATE |
S.B. NO. |
1027 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HEMP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
The purpose of this part is to redesignate the industrial hemp special fund as the hemp special fund and authorize use of the moneys in the fund for the department of agriculture's duties regarding hemp as established by Act 14, Session Laws of Hawaii 2020.
SECTION 2. Section 141-14, Hawaii Revised Statutes, is amended to read as follows:
(1) Any moneys appropriated by the legislature to the
special fund;
(2) [Any fees collected by the department
of agriculture in relation to the industrial hemp pilot program; and] All
revenues from the operations of part III, including all fees and fines;
(3) The interest or return on investments
earned from moneys in the special fund[.]; and
(4) Grants
and gifts made to the special fund.
(b) The department of agriculture may use the
moneys in the special fund to carry out the purposes of [this] part[,] III,
including hiring employees, specialists, and consultants necessary to complete
projects related to the purposes of [this] that part."
SECTION
3. There is appropriated out of the hemp
special fund the sum of $
or so much thereof as may be necessary for fiscal year 2021-2022 and the
same sum or so much thereof as may be necessary for fiscal year 2022-2023 to
be used for the purposes of this part.
The
sums appropriated shall be expended by the department of agriculture.
PART
II
SECTION
4. Chapter 328G, Hawaii Revised Statutes,
is amended to read as follows:
"[[]CHAPTER
328G[]]
HEMP
[PROCESSORS] PROCESSING AND
HEMP
PRODUCT MANUFACTURING
[[]§328G-1[]] Definitions. As used in this chapter:
["Applicant" means the person
applying to register as a hemp processor under this chapter.]
"Cannabinoids" means any of the
various naturally occurring, biologically active, chemical constituents of cannabis
that bind to or interact with receptors of the endogenous cannabinoid system.
"Cannabis" means the genus of the
flowering plant in the family Cannabaceae. For the purpose of this chapter, cannabis
refers to any form of the plant where the delta-9 tetrahydrocannabinol
concentration on a dry weight basis has not yet been determined.
"Certificate of registration" means
the certificate issued by the department attesting that [the applicant] a
person is registered to process hemp[.] or manufacture a hemp product.
"Decarboxylated" means the
completion of the chemical reaction that converts delta-9 tetrahydrocannabinol's
acids (THCA) into delta-9-tetrahydrocannabinol. The decarboxylated value may be calculated
using a conversion formula that sums delta-9-tetrahydrocannabinol and
eighty-seven and seven tenths (87.7) per cent of THCA.
"Delta-9 tetrahydrocannabinol" or "THC"
means the primary psychoactive component of cannabis.
"Department" means the department
of health.
"Director" means the director of
health.
"Dry weight basis" refers to a
method of determining the percentage of a chemical in a substance after
removing the moisture from the substance.
"Enclosed indoor facility" means a
permanent, stationary structure with a solid floor, rigid exterior walls that
encircle the entire structure on all sides, and a roof that protects the entire
interior area from the elements of weather.
Nothing in this definition shall be construed to relieve the [registered
applicant] registrant from the [applicant's] duty to comply
with all applicable building codes and regulations.
"FDA" means the United States Food
and Drug Administration.
"Gummy" means a gelatinous cube,
sphere, prismatoid, or ovoid.
"Hemp" means Cannabis sativa L. and
any part of that plant, whether growing or not, including the seeds thereof [and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers],
with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent
on a dry weight basis, as measured post-decarboxylation or by other similarly
reliable methods.
["Hemp processor" means a person
processing hemp to manufacture a hemp product.]
"Hemp product" means [a product that:
(1) Contains naturally occurring cannabinoids,
compounds, concentrates, extracts, isolates, resins or derivatives from
processed hemp;
(2) Does not include any living hemp plants,
viable seeds, leaf materials, or floral materials;
(3) Has a delta-9-tetrahydrocannabinol
concentration of not more than 0.3 per cent, as measured post-decarboxylation,
or other similarly reliable methods;
(4) Is intended to be consumed orally to
supplement the human or animal diet; and
(5) Is in the form of a tablet, capsule, powder, softgel, gelcap, or liquid form
(e.g. hemp oil) to be used by the consumer to infuse edible items at home for
personal use or for topical application to the skin or hair.
For
purposes of this chapter, a hemp product shall be considered as intended for
oral ingestion in liquid form only if it is formulated in a fluid carrier and
it is intended for ingestion in daily quantities measured in drops or similar
small units of measure per labeled directions for use.] processed hemp:
(1) Intended to be sold
directly to consumers; or
(2) To which additives
have been introduced during manufacture.
"Manufacture" means to compound, blend, extract, infuse, or
otherwise use processed hemp to make or prepare a hemp product[, but
does not include planting, growing, harvesting, drying, curing, grading, or
trimming a hemp plant or part of a hemp plant].
"Person" means an individual, firm,
corporation, partnership, association, or any form of business or legal entity.
"Processed hemp" means any
compounds, concentrates, extracts, isolates, resins, or derivatives generated
from the processing of hemp, excluding any part of the hemp plant and waste
byproducts.
"Processing" means making a
transformative change to the hemp plant [following harvest by converting an
agricultural commodity into a hemp product.] using mechanical,
chemical, or other means to produce processed hemp that is intended:
(1) To be consumed
orally to supplement the human or animal diet or be applied topically to the
skin or hair; or
(2) For use in
manufacture of a hemp product intended to be consumed orally to supplement the
human or animal diet or be applied topically to the skin or hair.
"Synthetic cannabinoid" means a
cannabinoid that is:
(1) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
(2) Not derived from the genus cannabis, including biosynthetic cannabinoids.
[[]§328G-2[]] Hemp [processor]
processing and manufacture registry[; application; removal
from registry]. (a) No person shall process hemp without first
obtaining a license to produce hemp, issued by the Secretary of the United
States Department of Agriculture pursuant to title 7 United States Code section 1639q.
(b) No person shall
process hemp or manufacture a hemp product without being registered by
the department [as a hemp processor] pursuant to this [part] chapter
and any rules adopted pursuant [[]to[]] this chapter.
(c) A person who intends to
process hemp or manufacture a hemp product shall [apply to] register
with the department [for registration on an application] by completing
a registration form [created] provided by the department[.]
in accordance with subsection (d).
(d) [The
applicant] Each person who intends to process hemp or manufacture a hemp
product shall provide, at a minimum, the following information:
(1) The [applicant's]
registrant's name, mailing address, contact person, and phone
number in Hawaii;
(2) The [legal
description] street address or tax map key information of [the]
each parcel of land on which [the] hemp is to be processed [or];
hemp products are to be manufactured; or hemp, processed hemp, or hemp products
are to be stored;
(3) A description of [the]
each enclosed indoor facility where hemp processing or hemp product manufacturing
will occur;
[(4) Documentation
that the indoor facility and planned hemp processing operation complies with
all zoning ordinances, building codes, and fire codes;
(5)] (4) [Documentation]
For persons who intend to process hemp, documentation showing that the [applicant]
registrant has obtained a license to produce hemp, issued by the
Secretary of the United States Department of Agriculture pursuant to title 7 United
States Code section 1639q; and
[(6)] (5) Any
other information required by the department.
(e) In
addition to the [application] registration form, each [applicant]
registrant shall submit a non-refundable [application] registration
fee established by the department. If
the fee does not accompany the [application,] registration form,
the [application for] registration shall be deemed incomplete.
[(f) Any incomplete application shall be denied.
(g)] (f) Upon the department's receipt of a complete
and accurate [application] registration form that meets the requirements
adopted by the department pursuant to this chapter, any other information requested
by the department, and [remittal of] the [application] registration
fee, the [applicant shall be registered and shall be issued] department
shall issue a certificate of registration [to process hemp].
[(h) The certificate of registration shall be
renewed] (g) Each person who processes hemp or manufactures a hemp
product shall re-register annually by [payment of] paying the
[annual renewal] re-registration fee to be determined by the
department[.] and certifying that there has been no change to the information
required in subsection (d) or submitting an update as provided in subsection (h).
(h) The information required by subsection (d) shall:
(1) Be updated by the
registrant on a form provided by the department not later than sixty days after
the event giving rise to the need to make any corrections or to otherwise update
information in the registry; and
(2) Accurately account
for any changes to the information.
(i) [Hemp processors shall allow any member of
the department, or any agent or third party authorized by the department, to
enter at reasonable times upon any private property in order to inspect,
sample, and test the hemp processing area, hemp products, equipment, facilities
incident to the processing or storage of hemp, and review all pertinent records.]
A registrant shall notify the department on a form provided by the department
within sixty days after ceasing hemp processing or hemp product manufacturing operations.
(j)
[The department may remove any person from the registry for failure
to comply with any law or regulation under this chapter. It is the responsibility of the hemp
processor to make sure it is registered and legally allowed to process hemp and
in compliance with any and all laws and regulations. The removal of a hemp processor from the
registry shall be in accordance with the procedures set forth in section
328H-F.] Upon request of the department, a registrant shall submit to the
department documentation that the indoor facility and hemp processing or hemp product
manufacturing operation comply with all zoning ordinances, building codes, and fire
codes.
[[]§328G-3[]] Hemp [processing;]
processing and hemp product [sale and prohibitions; labeling.]
manufacturing. (a) No
hemp shall be processed [into hemp products], nor shall any [hemp
processor] person 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.] who holds a valid
license issued by the United States Department of Agriculture pursuant to title
7 United States Code section 1639q or by a state or tribal agency administering
a plan approved by the United States Department of Agriculture pursuant to title
7 United States Code section 1639p.
(b) Hemp
shall be processed and hemp products shall be [processed] manufactured
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,] or
hemp product manufacturing, 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] five hundred feet of a pre-existing
playground, school, state park, state recreation area, residential neighborhood,
hospital, or daycare facility.
(d) Hemp shall not be processed nor shall hemp
products be manufactured 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) Hemp processing and hemp product manufacturing
facilities and operations shall comply with all applicable local rules and regulations.
§328G-4
Sale and prohibitions. (a) No person shall sell, hold[,] for sale, 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, processed hemp, a hemp product, or a synthetic cannabinoid
[that] has been added as an ingredient or component. This section shall not apply to hemp that is
generally recognized as safe (GRAS) by the FDA for use in foods, as
intended, in a public GRAS notification.
[(f)]
(b) No person shall sell, hold[,]
for sale, offer, or distribute [for sale] any hemp product into
which a synthetic cannabinoid has been added[.] nor any synthetic cannabinoid
for oral consumption or topical use.
[(g)] (c) No person shall sell,
hold[,] for sale, offer, or distribute [for sale any
cannabinoid products used to aerosolize] any product containing hemp, made
from hemp, or containing synthetic cannabinoids for respiratory routes of
delivery, [such as an inhaler, nebulizer] including cigarettes, cigars,
pre-rolls, inhalers, nebulizers, electronic smoking devices, or any other
device designed for such purpose.
[(h)]
(d) No person shall sell, hold[,]
for sale, offer, or distribute [for sale,] directly to a consumer
within the State 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)] (e)
Except for hemp products intended for external topical application to
the skin or hair, no person shall sell, hold[,] for sale, offer,
or distribute [for sale] any products containing hemp [or hemp
derivatives], made from hemp, or containing synthetic cannabinoids
that are intended to be introduced via non-oral routes of entry to the body,
including [but not limited to,] use in the eyes, ears, and nasal
cavities.
(f) No person shall sell, hold for sale, offer,
or distribute any processed hemp or hemp product, unless the hemp used to make
the processed hemp or hemp product was grown by a person holding a valid
license issued by the United States Department of Agriculture pursuant to title
7 United States Code section 1639q or by a state or tribal agency administering
a plan approved by the United States Department of Agriculture pursuant to
title 7 United States Code section 1639p.
(g) No person shall sell, hold for sale, offer,
or distribute any processed hemp or hemp product that has a delta‑9-tetrahydrocannabinol
concentration of more than 0.3 per cent, as measured
post-decarboxylation, or by other similarly reliable methods.
(h) No person shall sell, hold for sale, offer,
or distribute any hemp product intended to be consumed orally to supplement the
human or animal diet, unless the product is in the form of a tablet, capsule,
powder, softgel, gelcap,
gummy, or liquid to be ingested in daily quantities measured in drops or
similar units of measure.
(i) No person shall
sell, hold for sale, offer, or distribute processed hemp or a hemp product,
unless the processed hemp or hemp product has been tested in accordance with,
and meets the standards established by, rules adopted by the department.
(j) No person shall sell, hold[,] for sale,
offer, or distribute [for sale,] any processed hemp or hemp
[products] product without a label, in a form prescribed by the
department, affixed to the packaging that [identifies] includes confirmation
that the processed hemp or hemp product [as having] has
been tested pursuant to department rules.
[[§328G-4]]
§328G-5 Rulemaking. (a) The department [shall] may
adopt rules pursuant to chapter 91 that include [but are not limited to]:
(1) [Inspection and
sampling requirements of hemp products;] Handling, storage, and quality control
requirements for persons processing hemp and manufacturing hemp products;
(2) Labeling requirements
and restrictions for processed hemp and hemp products, including those related to
intended use, health advisories and warnings, and medical claims;
[(2)] (3) [Testing
protocols, including certification by state laboratories or independent
third-party laboratories,] Requirements for sampling and testing of processed
hemp and hemp products to determine delta-9-tetrahydrocannabinol
concentration and [screening for contaminants of hemp products;] the
presence of contaminants;
(4) Procedures
for the certification of state laboratories and independent third-party laboratories;
[(3)] (5) Reporting
and record-keeping requirements[;] for persons processing hemp and manufacturing
hemp products;
[(4)] (6) Assessment
of fees for [application,] registration, inspecting, sampling,
and other fees as deemed necessary[;] to implement this chapter;
[(5)] (7) Penalties
for any violation; and
[(6)] (8) Any
other rules and procedures necessary to carry out this chapter.
(b) The department may adopt and amend interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this chapter; provided that any interim rules shall only remain in effect until July 1, 2025, or until rules are adopted pursuant to subsection (a), whichever occurs sooner.
[[§328G-5] Laboratory standards and testing;
certification. (a) The
department shall establish and enforce standards for laboratory-based testing
of the hemp products for content, contamination, and consistency.
(b) The department may certify
laboratories and recognize certifications from other jurisdictions of
laboratories that are qualified to test hemp products for quality control prior
to sale.
[]§328G-6[]] Enforcement; penalty. (a) Persons
who process hemp or manufacture hemp products shall:
(1) Provide the
department, or any agent or third party authorized by the department, access at
reasonable times to conduct an inspection of real property and facilities
(including equipment), or any portions thereof, used in hemp processing; hemp
product manufacturing; or storing hemp, processed hemp, or hemp products; and
(2) Make available
to the department, or any agent or third party authorized by the department:
(A) Processed
hemp and hemp products, so that samples may be collected; and
(B) Business
records related to hemp processing or hemp product manufacturing.
(b) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action. In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the director may impose by order the administrative penalty specified in this section.
[(b)] (c) Any order issued under this chapter shall
become final, unless not later than twenty days after the notice of order is
served, the person or persons named therein request in writing a hearing before
the director. Any penalty imposed[,
including removal from the registry,] shall become final, and any monetary
penalty shall become due and payable, twenty days after the order is
served unless the person or persons named therein request in writing a hearing
before the director. Whenever a hearing
is requested, the penalty imposed[, including removal from the registry,]
shall become final, and any monetary penalty shall become due and payable,
only upon completion of all review proceedings and the issuance of a final
order confirming the penalty in whole or in part. Any hearing shall be conducted in
accordance with chapter 91.
[(c)] (d) For any judicial proceeding to recover an
administrative penalty imposed by order [or to enforce a cease and desist
order against a hemp processor removed from the registry], the director may
petition any court of appropriate jurisdiction and need only show that:
(1) Notice was given;
(2) A hearing was held, or the time granted for requesting a hearing has expired without such a request;
(3) The administrative
penalty was imposed [or the hemp processor was removed from the registry];
and
(4) The penalty
remains unpaid [or the hemp processor continues to process hemp].
[(d)] (e) The director, in the event there is deemed a
potential health hazard, may take precautionary measures to protect the public through
imposition of a cease and desist order, an embargo, the detention and
removal of processed hemp or hemp products from the market, and the
sequestration of processed hemp or hemp products suspected to be
contaminated or otherwise harmful to human health. In the event of any cease and desist order,
embargo, or detention of processed hemp or hemp products, the
person or persons so named in the order imposing the cease and desist, embargo,
or detention shall be afforded an opportunity to contest the [findings of
the department] order in a hearing pursuant to chapter 91.
[(e)] (f) The director may institute a civil action in
any court of competent jurisdiction for injunctive relief to prevent violation
of any order issued or rule adopted pursuant to this chapter, in addition to
any other remedy or penalty provided for under this chapter. Nothing in this chapter shall limit any other
legal remedy, or limit any civil or criminal action, available under any other
statute, rule, or ordinance.
[[]§328G-7[]] Hawaii
hemp processing and hemp product manufacturing special fund established. (a) There is established within the state
treasury the Hawaii hemp processing and hemp product manufacturing
special fund into which shall be deposited:
(1) Appropriations made by the legislature to the special fund;
(2) Any income and capital gains earned by the fund; and
(3) Any fees or fines
collected by the department pursuant to this [part.] chapter.
(b) Moneys in the Hawaii hemp processing and hemp product manufacturing special fund shall be used by the department for the following purposes:
(1) To establish and
regulate a system of registering persons who intend to process hemp [processors;]
or manufacture hemp products;
(2) To fund positions and operating costs authorized by the legislature; and
(3) For any other expenditure necessary, consistent with this chapter, to implement the Hawaii hemp processing and hemp product manufacturing program."
SECTION
5. Act 14, Session Laws of Hawaii 2020,
is amended by amending section 9 to read as follows:
"SECTION
9. This Act shall take effect upon its approval[,
and shall be repealed on June 30, 2022; provided that the definition of "marijuana"
in section 329-1, Hawaii Revised Statutes, and the definitions of "marijuana"
and "marijuana Concentrate" in section 712-1240, Hawaii Revised
Statutes, shall be reenacted in the form in which they read on the day prior to
the effective date of this Act]."
PART III
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:
Department of Agriculture; Hemp Special Fund; Appropriation; Hemp Processing; Hemp Product Manufacturing
Description:
Part I: Redesignates the industrial hemp special fund as the hemp special fund for the department of agriculture's duties regarding hemp. Makes an appropriation. Part II: Amends chapter 328G, Hawaii Revised Statutes, to better distinguish processing and manufacturing, distinguish processed hemp and hemp products, clarify the purpose and functions of the registry system, clarify the scope of regulated hemp products and prohibitions, and clarify the department of health's rulemaking and enforcement authorities. Makes Act 14, Session Laws of Hawaii 2020, permanent. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
