Bill Text: HI SB2050 | 2020 | Regular Session | Introduced
Bill Title: Relating To Industrial Hemp Derived Products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Monday 03-16-20 2:00PM in conference room 329. [SB2050 Detail]
Download: Hawaii-2020-SB2050-Introduced.html
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THE SENATE |
S.B. NO. |
2050 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to industrial hemp derived products.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 228, Session Laws of Hawaii 2016, established the industrial hemp pilot program within the department of agriculture and has created the promise of a new form of diversified agriculture in Hawaii. Since the inception of the hemp pilot program, thirty-six industrial hemp farmers have registered with the department and are currently cultivating hemp for commercial use.
The legislature further finds that Congress passed the Agricultural Improvement Act of 2018, otherwise known as the farm bill, which removed hemp derived extracts, derivatives, and cannabinoids, such as cannabidiol (CBD) as schedule 1 substances in the Controlled Substances Act from hemp plants that contain no more than 0.3 percent tetrahydrocannabinol. This effectively legalized the sale of CBD products from the commercial cultivation of hemp in the United States.
The legislature finds that with the passage of the farm bill, over sixteen thousand hemp growers have emerged throughout the United States. Industrial hemp is currently being used nationally in hundreds of different applications including consumer textiles, personal care, industrial components, and dietary supplements containing CBD. The hemp industry across the country has grown rapidly, and hemp-derived products are used by a wide range of consumers.
The legislature also finds that, while the United
States Department of Agriculture has opened the industrial hemp market, the
Food and Drug Administration (FDA) has continued to exercise jurisdiction over
the regulation of ingestible and topical hemp products. In 2019, the FDA, in its continuation of
evaluating regulatory frameworks for hemp-derived compounds, held a public
hearing, and opened a public docket for data gathering. The FDA has also issued non-legally binding
public statements arguing that it is illegal to market CBD as a food additive
or dietary supplement because it is an active ingredient in a pharmaceutical
drug.
The legislature additionally finds that,
with the existence of competing federal frameworks, several states, such as
Florida, Ohio, and Texas have already acted to pass laws or regulations that
explicitly allow hemp-derived CBD products to be produced and sold and to
provide certainty for businesses and consumers. While it is expected that the FDA will eventually
use its authority to regulate hemp-derived products, the only enforcement
action it has taken to date is to send warning letters against improper disease
remediation claims made by food and supplement companies. In Hawaii, the department of health, has adhered
to the FDA public guidance that products containing CBD are adulterated food,
beverage, or cosmetic products and therefore their sale in Hawaii is
prohibited. Despite this suggested
prohibition, CBD products continue to be sold across Hawaii, with no regulatory
oversight.
The legislature finds that, given
the time expected for the FDA to act, and the existing confusion among
consumers and the industry, it is important that a timely regulatory framework
be established around CBD, both to provide consumer safety requirements, and
certainty for Hawaii hemp farmers to continue to viably operate their
industrial hemp operations in the State.
The purpose of this Act is to:
(1) Establish a regulatory framework for consumer products containing CBD that were manufactured legally through approved government programs and to clarify that these products shall not be considered adulterated food, beverage, or cosmetics;
(2) Prohibit manufacturers of these products from making health related claims; and
(3) Require these products to be properly labeled to be legally allowed for sale in the State.
SECTION 2. Chapter 328, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
. industrial hemp derived
products
§328- Definitions. As used in this part:
"Industrial hemp" has the same meaning as defined in section 141-31.
"Industrial hemp product" means a finished product containing industrial hemp that meets the following conditions:
(1) Is a cosmetic, food, food additive, dietary supplement, or herb;
(2) Is for human or animal consumption;
(3) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, or derivatives; and
(4) Contains no more than 0.3 percent tetrahydrocannabinol.
"Industrial hemp product" does not
include industrial hemp or a hemp product that is a drug that has been approved
as a drug by the United States Food and Drug Administration.
§328- Manufacture, distribution, or sale of industrial
hemp products. Nothing in this part
shall prohibit an entity licensed pursuant chapter 329D from manufacturing,
distributing, or selling products that contain industrial hemp, cannabinoids,
extracts, or derivatives from industrial hemp grown in compliance with section
141-32.
§328- Labeling. The label of any package of a food, beverage, or cosmetic containing cannabidiol derived from industrial hemp shall include the following statement or a substantially similar statement:
"CANNABIDIOL USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. KEEP OUT OF REACH OF CHILDREN."
§328- Health-related statements. A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product, or publish or disseminate in advertising or marketing, any health-related statement that is untrue in any particular manner or that tends to create a misleading impression as to the health effects of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp.
For the purposes of this section, "health-related
statement" means a statement related to health and includes a statement of
a curative or therapeutic nature that, expressly or impliedly, suggests a
relationship between the consumption of industrial hemp or industrial hemp
products and health benefits or effects on health.
§328- Use in food products. In order for industrial hemp to be used in food products, a manufacturer shall comply with the following:
(1) All parts of the hemp plant used in food shall come from a state or country that has an established and approved industrial hemp program that meets all of the federal requirements regarding the lawful and safe cultivation of industrial hemp, and inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human consumption;
(2) The industrial hemp cultivator or grower shall be in good standing and in compliance with the governing laws of the state or country of origin; and
(3) A raw hemp product shall not be distributed or sold in the State without a certificate of analysis from an independent testing laboratory that confirms the following:
(A) The raw hemp product is the product of a batch of industrial hemp that was tested by the independent testing laboratory in accordance with section 141-32;
(B) A tested random sample of the batch of industrial hemp contained a total delta‑9‑tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis; and
(C) The tested sample of the batch did not contain contaminants that are unsafe for human consumption.
For the purposes of this section, "manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare a
product. "Manufacture" does
not include planting, growing, harvesting, drying, curing, grading, or trimming
a plant or part of a plant.
§328- Hemp products; when adulterated or misbranded. A food, beverage, or cosmetic product shall not be considered adulterated pursuant to sections 328-9 and 328‑18 or misbranded pursuant to sections 328-10 and 328‑19 solely by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp. The sale of food, beverages, or cosmetics that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp."
SECTION 3. This Act shall take effect on July 1, 2020.
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INTRODUCED BY: |
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Report Title:
Industrial Hemp; Derived Products; Adulterated Product; Labeling
Description:
Establishes a regulatory framework for products containing CBD that were manufactured legally through approved government programs. Clarifies that these products are not considered adulterated food, beverage, or cosmetic products. Prohibits manufacturers from making health related claims. Requires product labeling for the products to be legally allowed in the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
