Bill Text: HI SB2791 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Establishment Of A Hemp Task Force.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced) 2024-01-24 - Referred to AEN/HHS/EET, WAM. [SB2791 Detail]
Download: Hawaii-2024-SB2791-Introduced.html
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THE SENATE |
S.B. NO. |
2791 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ESTABLISHMENT OF A HEMP TASK FORCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that, although hemp is a high-value crop that has the potential to bring significant and diverse revenues to Hawaii, the industry has been significantly stymied in Hawaii due to several factors, including limitations to Hawaii farmer's access to markets and overregulation of farming, production, and processing, which has often driven Hawaii hemp farmers out of business, made farmers non-competitive, and has also created challenges for hemp building and housing and biofuel projects. Moreover, Hawaii is the only state in the union where hemp production and farming is heavily regulated at both the state and federal levels.
The legislature further finds that the department of agriculture and department of health have worked to be responsive to changing federal and state hemp regulations and that a forum that provides an opportunity for regular interface with a cross-section of the Hawaii hemp industry and experts can help identify data that will make department of agriculture and department of health administrative rule implementation easier, potentially saving agency time and resources.
Accordingly, the purpose of this Act is to require the department of agriculture and department of health to jointly convene a Hawaii hemp task force to inform public policy and identify methods and actions to best support agriculture and build a hemp industry to support rural economic development in the State.
SECTION 2. Section 141-42, Hawaii Revised Statutes, is amended to read as follows:
"§141-42 Commercial hemp production. (a) It
shall be legal for an individual or entity to produce hemp, as defined in title
7 United States Code section 1639o, if that individual or entity has 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; provided
that:
(1) Hemp shall not be grown within three hundred
feet of pre-existing real property comprising a playground, childcare facility,
or school; provided that this restriction shall not apply to an individual or
entity licensed to grow hemp in those areas under the state industrial hemp
pilot program before August 27, 2020;
(2) Hemp shall not be grown within one hundred feet
of any pre-existing house, dwelling unit, residential apartment, or other
residential structure that is not owned or controlled by the license holder;
provided that this restriction shall not apply to an individual or entity
licensed to grow hemp in those areas under the state industrial hemp pilot
program before August 27, 2020; and
(3) Hemp shall not be grown in any house, dwelling
unit, residential apartment, or other residential structure, unless that
structure is part of a United States Department of Agriculture area.
(b) An individual or entity licensed to produce
hemp pursuant to subsection (a) may transport hemp within the State to a
facility authorized by law to process hemp or to another licensed producer's
grow area; provided that the transportation has been reported to the department
of agriculture. The department of
agriculture may require movement reports that include copies of the United
States Department of Agriculture test results for the hemp to be transported
and may deny authorization if the hemp is found to not comply with any law or
regulation.
(c) Any individual or entity who grows hemp
without a United States Department of Agriculture license shall be fined not
more than $10,000 for each separate offense.
Any notice of violation of this section may be accompanied by a cease
and desist order, the violation of which constitutes a further violation of
this section. Any action taken to
collect the penalty provided for in this subsection shall be considered a civil
action.
(d) For any judicial proceeding to recover an
administrative penalty imposed by order or to enforce a cease and desist order
against an unlicensed hemp producer, the department 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 on the
individual or entity producing hemp; and
(4) The penalty remains unpaid or the individual
or entity continues to produce hemp.
(e) An individual or entity licensed by the United States Department of Agriculture to produce hemp in Hawaii may sell hemp biomass.
(f) In addition to all other labeling requirements, the identity statement used for labeling or advertising hemp products shall identify the percentage of Hawaii-grown hemp in hemp products; provided that any hemp product containing hemp not grown or processed in Hawaii shall identify the origin and percentage of the hemp from outside Hawaii in the hemp product; provided further that if the hemp product contains hemp from multiple origins, the hemp product shall identify the percentage of hemp origin as "United States" or "Foreign" if the hemp product includes hemp from a source outside of the United States.
(g) A hemp producer licensed by the United States Department of Agriculture to grow hemp shall follow all inspection and sampling rules and protocols established by the United States Department of Agriculture. The State shall not require other inspections or sampling. The State shall not issue notices of violations or impose penalties upon any hemp producer licensed by the United States Department of Agriculture; provided that the licensee complies with all of the requirements imposed by the United States Department of Agriculture. The State shall impose no penalty with respect to the production of hemp, except penalties for growing hemp without a license issued by the United States Department of Agriculture.
(h)
A Hawaii hemp task force shall be
jointly convened by the department of agriculture and the department of health
to gather data and information to understand industry needs and inform
strategies and actions that support agriculture and a robust hemp industry in
the State. The task force:
(1) Shall
include hemp producers from each island proportionate to the total number of
United States Department of Agriculture hemp licenses in the State and a
representative from each of the fuel, building, general fiber, cannabinoid, and
grain food sectors;
(2) May
ask for data and information from additional sources, including but not limited
to hemp economists, regulators in other states, retailers, farmers, and hemp
industry groups outside of the State;
(3) Shall
jointly develop an outline of farmer and industry needs and the strategies and
actions that can help inform public policy concerning the development of a hemp
industry in the State that also supports rural agricultural development in the
State;
(4) Shall work to ameliorate inconsistencies in the Hawaii
Revised Statutes that impede economic growth in the emerging sector of
commercial hemp production;
(5) Shall identify legal and feasible pathways for start-up hemp
farming and processing;
(6) Shall
submit a report of its findings and recommendations, including any proposed
legislation, to the legislature no later than twenty days prior to the
convening of the regular session of 2025; and
(7) Shall cease to exist on July 1, 2025.
The initial meeting of the task force
shall occur no later than sixty days after the effective date of Act ,
Regular Session 2024, during which the members shall elect a chairperson and
any other necessary officers from among its appointed members. The task force shall be exempt from chapter
92.
Members of the task force shall receive
no compensation for their duties and shall not be subject to section 84-17
solely based on their participation on the task force.
[(h)]
(i) As used in this section,
"hemp biomass" means the stalks of hemp plants.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval, and shall be repealed on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DOA; DOH; Hawaii Hemp Industry Task Force; Hemp Producers; Commercial Hemp Production; Rural Economic Development
Description:
Requires the Department of Agriculture and Department of Health to jointly convene a Hawaii Hemp Task Force to inform public policy and identify methods and actions to best support agriculture and build a hemp industry to support rural economic development in the State. Repeals 7/1/2025.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
