Haw. Code R. § 11-37-30 - Manufactured hemp product labeling

(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 both upper and lower case letters are used, the lower case "o":

(1) Product name;

(2) Product net weight;

(3) An ingredient statement that meets the requirements of section 11-37-31;

(4) A responsibility statement that meets the requirements of section 11-37-32;

(5) Batch number;

(6) Directions for use; provided that beginning on March 1, 2025, a tincture shall be labeled for use in drops, dropperfuls, or sprays;

(7) The statement "Use this product under the guidance of a physician if you have a medical condition or are pregnant or lactating." or words of similar meaning;

(8) The statement "Keep out of the reach of children." or words of similar meaning;

(9) The statement "Not for sale to persons under the age of 21." or words of similar meaning; and

(10) A QR code or website that displays test results as required by section 11-37-24.

(b) Except as provided in subsection (d), every edible 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 both upper and lower case letters are used, the lower case "o":

(1) The statement "This product is not intended to diagnose, treat, cure, or prevent any disease." or words of similar meaning;

(2) The net quantity (in terms of weight, measure, or numerical count) of each serving; provided that beginning on March 1, 2025, the serving size for a tincture shall be in drops, dropperfuls, or sprays;

(3) The number of servings in the package;

(4) The content (in milligrams) per serving of the following cannabinoids:

(A) Total tetrahydrocannabinol; and

(B) Any other cannabinoid specifically listed, described, or advertised in the label or packaging of the manufactured hemp product;

(5) The content (in milligrams) per serving of the following cannabinoids, unless the testing required by section 11-37-22 returns a result of non-detect:

(A) Delta-9-tetrahydrocannabinolic acid;

(B) Delta-9-tetrahydrocannabinol;

(C) Delta-8-tetrahydrocannabinol; and

(D) Cannabidiol (CBD); and

(6) All major food allergens the product contains or has protein derived from shall be listed on the label and shall be preceded by the word "Contains". This statement shall include all of the following that are present in the product:

(A) Milk;

(B) Egg;

(C) Fish;

(D) Crustacean shellfish;

(E) Tree nuts;

(F) Wheat;

(G) Peanuts;

(H) Soybeans; and

(I) Sesame.

Highly refined oils derived from any of the nine major food allergens and any ingredient derived from such highly refined oils are exempt from this requirement.

(c) Every manufactured hemp product intended for topical application to the skin or hair 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 "o":

(1) The statement "For external use only." or words of similar meaning;

(2) The total quantity (in milligrams) of the following cannabinoids contained in the packaged manufactured hemp product;

(A) Total tetrahydrocannabinol;

(B) Any other cannabinoid specifically listed, described, or advertised in the label or packaging of the manufactured hemp product; and

(3) The total quantity (in milligrams) of the following cannabinoids contained in the packaged manufactured hemp product, unless the testing required by section 11-37-22 returns a result of non-detect:

(A) Delta-9-tetrahydrocannabinolic acid;

(B) Delta-9-tetrahydrocannabinol;

(C) Delta-8-tetrahydrocannabinol; and

(D) Cannabidiol (CBD).

(d) Allowed exceptions. If the immediate container of a manufactured hemp product is too small to accommodate a label containing all the applicable information required by subsection (a), (b), and (c), the information in paragraph (a)(7) and (b)(1) may be included on a package insert that accompanies the immediate container or included on labeling attached to outer packaging.

(e) All words, statements, and other information required by this section shall be prominently placed with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase and use. A word, statement, or other required information may lack that prominence and conspicuousness required by reason (among other reasons) of:

(1) The failure of such word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;

(2) The failure of such word, statement, or information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed;

(3) The failure of the label to extend over the area of the container or package available for such extension, so as to provide sufficient label space for the prominent placing of such word, statement, or information;

(4) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space for any word, statement, design, or device which is not required by this subchapter to appear on the label;

(5) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information, or to any design or device; or

(6) Smallness or style of type in which such word, statement, or information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written, printed, or graphic matter.

(f) The words "candy" and "candies" shall not be used on packaging, labeling, advertising, product lists, or product menus.

Notes

Haw. Code R. § 11-37-30

[Eff 8/9/21; am and comp 2/24/2022] (Auth: HRS § 328G-4) (Imp: HRS §§ 328G-3, 328G-4) Comp 4/29/2022 Am and comp 12/6/2024