Haw. Code R. § 11-37-3 - Prohibitions
(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 applicable testing
requirements in subchapter 2.
(c)
No person shall sell, hold for sale, offer, or distribute any food, as defined
in section 328-1, into which a cannabinoid, artificially derived cannabinoid,
synthetic cannabinoid, hemp, hemp biomass, or manufactured hemp product has
been added as an ingredient or component, except as allowed by section 11-37-5.
This subsection shall not apply to hemp that is generally recognized as safe
(GRAS) by FDA for use in foods, as intended, in a public GRAS
notification.
(d) No person shall
sell, hold for sale, offer, or distribute any crude extract or manufactured
hemp product with a total tetrahydrocannabinol concentration of more than 0.3
per cent.
(e) No person shall sell,
hold for sale, offer, or distribute any hemp-derived cannabinoid, artificially
derived cannabinoid, synthetic cannabinoid, or any other product containing
hemp used to aerosolize for respiratory routes of delivery, such as an inhaler,
vape pen, or other device designed for such purpose.
(f) No person shall sell, hold for sale,
offer, or distribute any hemp leaf, hemp floral material, including but not
limited to hemp cigars or hemp cigarettes, or viable hemp seeds, except for
sale of hemp leaf, hemp floral material, or viable seeds to:
(1) A hemp producer holding 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;
or
(2) A permitted hemp
processor.
(g) No person
shall sell, hold for sale, offer, or distribute any manufactured hemp product
containing any living hemp plants, viable seeds, leaf materials, or floral
materials.
(h) Except for
manufactured hemp products intended for external topical application to the
skin or hair, no person shall sell, hold for sale, offer, or distribute any
products containing a cannabinoid, artificially derived cannabinoid, synthetic
cannabinoid, hemp, hemp biomass, or manufactured hemp product as an ingredient
that are intended to be introduced via non-oral routes of entry to the body,
including but not limited to, use in eyes, ears, and nasal cavities.
(i) No person shall sell, hold, offer, or
distribute for sale crude extract directly to any consumer. Crude extract shall
be sold only to a hemp processor with a valid permit issued by the department,
or to a person with equivalent authority from a regulatory agency in another
jurisdiction.
(j) No person shall
sell, hold, offer, or distribute samples from an open package of manufactured
hemp products. Sample manufactured hemp products may be distributed in
accordance with all applicable requirements of subchapters 1 to 3, including
testing, packaging, and labeling requirements.
(k) Product packaging, labeling, and
advertising shall not make health or benefit claims that are unsubstantiated,
false, or misleading in any particular. This subsection shall not apply to
federal Food and Drug Administration, or successor agency, approved drugs
containing cannabinoids as active pharmaceutical ingredients.
Notes
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