Hawaii Administrative Code

(a) Vending machines shall be suitable for dispensing prophylactics in accordance with the provisions of this chapter. (b) No items except prophylactics and educational literature about prophylactics or venereal disease shall be made available through vending machines. When a ven…

(a) All brands of prophylactics that are sold in vending machines shall be registered with the department. (b) These brands shall have been tested and approved by: (1) The United States Food and Drug Administration; or (2) An agency of the state where the prophylactic was manufac…

(a) The director may collect samples of prophylactics from vending machines for testing as deemed necessary. (b) The permittee shall make samples available to the director without cost. (c) Prophylactics shall be tested in a manner approved by the director. Notes Haw. Code R. § 1…

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment for not more than one year or both, as provided under § 321-18, HRS. Each and every violation of…

If any provision of this chapter, or the application thereof to any person circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the prov…

(a) The purpose of this chapter is to set forth the requirements for the processing of hemp biomass, production of manufactured hemp products, and the sale of crude extract and manufactured hemp products to provide for the protection of the health and safety of the general public…

As used in this chapter; ''Actual yield" means the quantity that is actually produced at any appropriate step of processing, manufacture, or packaging of a particular crude extract or manufactured hemp product. "Adequate" means that which is needed to accomplish the intended purp…

(a) Tests required by this subchapter shall be conducted by a laboratory facility that is accredited to the ISO/IEC 17025:2017 standard, "General requirements for the competence of testing and calibration laboratories," by an accreditation organization recognized by the Internati…

(a) A hemp processor shall collect and hold representative reserve samples of each batch of packaged and labeled crude extract or manufactured hemp product that it distributes. (b) The reserve samples shall: (1) Be held under conditions consistent with product labels or, if no st…

(a) A representative sample of every batch of packaged manufactured hemp product shall be tested for content by a laboratory meeting the requirements of section 11-37-20, including the use of appropriate methods to quantify (in percentage content by weight) the presence of:(1) To…

(a) A representative sample of every batch of packaged manufactured hemp product shall be tested for contamination by a laboratory meeting the requirements of section 11-37-20, including the use of appropriate methods to quantify the presence of all contaminants listed in subsect…

The laboratory results for all tests required by sections 11-37-22 and 11-37-23 shall be made available to the purchaser of any crude extract or manufactured hemp product by: (1) Placing a scannable QR code on the label or packaging that directs the electronic scanning device (ty…

(a) A hemp processor shall make and keep records required under this subchapter in accordance with section 11-37-55. (b) A hemp processor shall make and keep the following records:(1) Sampling plan(s) for obtaining representative samples; (2) The testing laboratory's ISO/IEC 1702…

Notes Haw. Code R. §§ 11-37-26 to 11-37-29 Res 2/24/2022 Res 4/29/2022 Res 12/6/2024

(a) No person shall sell, hold for sale, offer, or distribute any crude extract or manufactured hemp product that is adulterated or misbranded. (b) No person shall sell, hold for sale, offer, or distribute any crude extract or manufactured hemp product that does not meet the appl…

(a) Except as provided in subsection (d), every manufactured hemp product shall be labeled with the following information displayed prominently and conspicuously, but in no case may the letters or numbers be less than one-sixteenth inch in height based on the letter "o" or, if bo…

(a) All ingredients shall be listed on the label in order of prominence by weight and shall be preceded by the word "Ingredients". (b) The common or usual name of ingredients shall be consistent with the names standardized in: (1) For ingredients that are botanicals (including fu…

(a) The responsibility statement on the label shall include: (1) The name and address of the manufacturer, packer, or distributor; and (2) A statement such as "manufactured by" or "distributed by" that identifies which party is included on the label. (b) The requirement for decla…

The immediate container that is in contact with the crude extract or manufactured hemp product shall be made of material that: (1) Protects the crude extract or manufactured hemp product from contamination and does not impart any toxic or harmful substance to the crude extract or…

All crude extract shall be labeled with the following information displayed prominently and conspicuously, but in no case may the letters or numbers be less than one-sixteenth inch in height based on the letter "o" or, if both upper and lower case letters are used, the lower case…

Notes Haw. Code R. §§ 11-37-35 to 11-37-39 Res 2/24/2022 Res 4/29/2022 Res 12/6/2024

(a) A hemp processor may manufacture and a person may sell within the State manufactured hemp products limited to the product types listed in subsection (c) and subject to all requirements and prohibitions in this chapter. (b) A hemp processor may manufacture product test batches…

(a) No person shall process hemp biomass or produce a manufactured hemp product without a valid permit issued by the department pursuant to this subchapter. (b) A hemp processor shall not begin hemp processing activities until the department issues a permit pursuant to this subch…

To apply for a permit, an applicant shall: (1) Have a Hawaii tax identification number; (2) Be registered to do business in the State of Hawaii, unless the business is a sole proprietorship; and (3) Not have a disqualifying conviction for a state or federal felony related to a co…

(a) To apply for a permit, an applicant shall submit the following information to the department on a form and in a manner prescribed by the department:(1) The applicant's name, mailing address, and phone number in Hawaii; (2) Proof of no disqualifying felony convictions, which s…

(a) To ensure timely renewal, a hemp processor shall submit a complete renewal application, consisting of all parts listed in section 11-37-42 (a), (b), and (c) to the department at least sixty days prior to the expiration date of the current permit. (b) The department may requir…

(a) The fee for a new or renewal permit shall be $500. (b) Payment of fees shall be made in a form and manner prescribed by the department. Notes Haw. Code R. § 11-37-44 [Eff 8/9/21; comp 2/24/2022] (Auth: HRS §§ 27G-2, 328G-2, 328G-4) (Imp: HRS §§ 328G-2, 328G-4) Comp 4/29/2022 …

(a) The department may deny an application for a new or renewed permit for any of the following reasons: (1) Failure to provide the information required in section 11-37-42 for a new permit application or section 11-37-43 for renewal; (2) Failure to pay application fees; (3) Prov…

(a) Upon the department's determination that an applicant has met the requirements of section 11-37-42 or 11-37-43, confirmation that the applicant or its representative does not have a disqualifying conviction for a state or federal felony related to a controlled substance durin…

(a) After obtaining a permit, a hemp processor shall notify the department, on a form and in a manner prescribed by the department, within thirty days after any change to the information previously submitted to the department pursuant to section 11-37-42 or section 11-37-43. (b) …

(a) The department may revoke any person's hemp processor permit for violation of any applicable provision of this chapter or chapter 328G, HRS. (b) If the department revokes a person's hemp processor permit, the department shall notify the person in writing of the reason for the…

(a) A hemp processor may voluntarily surrender a permit to the department at any time. Upon surrender of a hemp processor permit, the hemp processor shall immediately: (1) Cease hemp processing operations; (2) Surrender the permit to the department; (3) Dispose of all hemp biomas…

(a) Edible manufactured hemp products are limited to the following types: (1) Tablets; (2) Capsules; (3) Powders; provided that beginning on March 1, 2025, each serving of powder shall be sealed in a separate packet; (4) Softgels; (5) Gelcaps; (6) Oil-based tinctures; provided th…

(a) Hemp processors shall obtain hemp biomass only from a hemp producer holding a valid license issued by the USDA pursuant to title 7 United States Codes section 1639q or by a state or tribal agency administering a plan approved by the USDA pursuant to title 7 United States Code…

(a) Hemp biomass shall not be processed into crude extract or a manufactured hemp product within five hundred feet of a pre-existing playground, school, state park, state recreation area, residential neighborhood, hospital, or daycare facility. (b) A hemp processing facility shal…

(a) Solvents used in processing shall be of the highest purity, with the minimum standard being solvent intended to be safe for use in manufacturing a product for human consumption. (b) The following solvents shall not be used in processing:(1) Benzene; (2) Carbon tetrachloride; …

Hemp biomass, crude extract, manufactured hemp products, and any toxic or otherwise hazardous by-products of hemp processing, including but not limited to delta-9 tetrahydrocannabinol, shall be stored within a hemp processing facility that meets the requirements of this subchapte…

Any crude extract, manufactured hemp product, or processing by-product that meets the definition of marijuana in section 712-1240, HRS, shall be disposed of in accordance with chapter 23-200. Notes Haw. Code R. § 11-37-54 [Eff 8/9/21; comp 2/24/2022] (Auth: HRS § 328G-4) (Imp:HRS…

(a) Records required by this chapter shall: (1) Be kept as original records, true copies (such as photocopies, pictures, scanned copies, microfilm, microfiche, or other accurate reproductions of the original records), or electronic records; (2) Contain the actual values and obser…

(a) A hemp processor shall establish written processing and control standard operating procedures (SOPs; for example, formulations, processing procedures, in-process control methods, packaging procedures, procedures for operating equipment). (b) Standard operating procedures shal…

Notes Haw. Code R. §§ 11-37-57 to 11-37-59 Res 2/24/2022 Res 4/29/2022 Res 12/6/2024

(a) A hemp processor may manufacture and hold manufactured hemp products exceeding the total tetrahydrocannabinol content limits per serving or per package or container specified in section 11-37-5 (a) and (b), with a total tetrahydrocannabinol concentration of no more than 0.3 p…

(a) The management of a hemp processing facility shall ensure that all individuals who manufacture, process, pack, or hold crude extract or manufactured hemp products are qualified to perform their assigned duties. (b) Each individual engaged in manufacturing, processing, packing…

(a) Grounds. The grounds about a hemp processing facility under the control of the hemp processor shall be kept in a condition that will protect against the contamination of crude extract or manufactured hemp products. The methods for adequate maintenance of grounds shall include…

(a) General maintenance. Buildings, fixtures, and other physical facilities shall be maintained in a clean and sanitary condition and shall be kept in repair adequate to prevent crude extract or manufactured hemp products from becoming adulterated. Cleaning and sanitizing of uten…

Each hemp processing facility shall be equipped with adequate sanitary facilities and accommodations including: (1) Water supply. The water supply shall be adequate for the operations intended and shall be derived from an adequate source. Any water that contacts crude extract, ma…

(a) All hemp processing facility equipment and utensils used in manufacturing, processing, packing, or holding crude extract or manufactured hemp products shall be so designed and of such material and workmanship as to be adequately cleanable and shall be adequately maintained to…