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SB2102
THE SENATE
S.B. NO.
2102
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to industrial hemp
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that allowing
industrial hemp-derived ingredients in certain animal feeds, in a manner
aligned with federal law and science-based standards, would diversify the
State's agriculture and strengthen supply-chain resilience.
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The legislature recognizes that Montana
succeeded in enacting a regulatory framework in 2021 that allows hemp
ingredients in pet, specialty pet, and horse feed while making its allowance in
livestock feed contingent on federal action.
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Accordingly,
the purpose of this Act is to adopt a federally aligned approach to updating
the State's feed law to regulate the integration of hemp-derived ingredients.
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SECTION
2.
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Chapter 144, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
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�144-
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Hemp and hemp-derived
ingredients in commercial feed; regulation.
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(a)
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Beginning July 1, 2026, hemp or hemp‑derived
feed ingredients may be manufactured, distributed, and used in commercial feed
for pets, specialty pets, and horses in the State; provided that each hemp or
hemp-derived feed ingredient shall be:
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(1)
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Registered pursuant to section 144-3 and labeled pursuant to section
144-4 and any rules adopted under this chapter;
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(2)
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Sourced from hemp produced in compliance with any applicable federal or
state laws; and
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(3)
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In compliance with department rules on tetrahydrocannabinol limits,
contaminants, good manufacturing practices, and species-specific directions for
use.
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(b)
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Hemp or hemp-derived feed ingredients may be
manufactured, distributed, and used for commercial feed for livestock in the
State; provided that the United States Food and Drug Administration has
approved the ingredient for its intended use in commercial feed for livestock
or the Association of American Feed Control Officials has published a
definition for the ingredient and its intended use in its official publication;
provided further that upon approval of hemp or a hemp-derived feed ingredient
for livestock by the United States Food and Drug Administration or the
Association of American Feed Control Officials, the department may adopt rules
to implement this subsection, including providing for its labeling and
conditions of use.
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(c)
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Manufacturers and distributors of commercial
feed containing hemp or hemp-derived feed ingredients shall maintain records as
required by the department pursuant to subsection (f), including lot
identity, certificates of analysis, and proof of lawful hemp sourcing, and
shall provide product samples for testing upon request by the department.
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(d)
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Nothing in this section shall be construed to
authorize the manufacture, distribution, or use of cannabinoids, including
cannabidiol, in feed unless expressly permitted under federal law for the
intended species and use.
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(e)
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Nothing in this section shall be construed to
authorize the use of cannabinoids in human food, beverages, or cosmetics
regulated pursuant to chapter 328.
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(f)
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The department shall adopt rules pursuant to
chapter 91 to implement this section.
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The rules shall provide for:
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(1)
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Ingredient registration;
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(2)
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Testing;
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(3)
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Labeling;
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(4)
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Recordkeeping;
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(5)
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Inspection and sampling;
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(6)
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Tolerances for tetrahydrocannabinol
and contaminants;
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(7)
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Good manufacturing practices; and
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(8)
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Enforcement consistent with this
chapter and applicable Association of American Feed Control Officials model
regulations.
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SECTION
3.
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Section 144-2, Hawaii Revised
Statutes, is amended by adding three new definitions to be appropriately
inserted and to read as follows:
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"Hemp"
has the same meaning as defined in title 7 United States Code section 1639o.
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"Hemp-derived
feed ingredient" means a substance derived from hemp that is manufactured
and used for commercial feed in compliance with this chapter and rules adopted
pursuant to this chapter.
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"Hemp-derived feed ingredient" includes hempseed, hempseed
oil, hempseed meal, and hempseed cake.
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"Hemp-derived
feed ingredient" does not include cannabinoids, including cannabidiol, manufactured
and used for commercial feed unless and until expressly permitted for the
intended species by the United States Food and Drug Administration or defined
in the official publication of the Association of American Feed Control
Officials.
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"Specialty
pet" means any animal normally maintained in a household, including but
not limited to rodents, ornamental birds, ornamental fish, reptiles and
amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or
fur.
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SECTION
4
.
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Section 144-2,
Hawaii Revised Statutes, is amended by amending the definition of
"commercial feed" to read as follows:
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""Commercial
feed" means all feed except:
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(1)
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Whole seeds unmixed or physically
altered entire unmixed seeds, when not adulterated within the meaning of
section 144-6, that are distributed for use as feed or for mixing in feed;
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(2)
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Hay, straw, stover, silage, cobs,
husks, and hulls when:
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(A)
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Unground; or
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(B)
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Unmixed with other materials;
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(3)
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Wet garbage;
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(4)
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Individual chemical compounds when not
mixed with other materials; and
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(5)
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Unmixed feeding cane molasses, unmixed
pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay[
.
]
;
provided that "c
ommercial
feed" includes feed containing or mixed with hemp or hemp-derived feed ingredients
for a pet, specialty pet, or horse; provided further that "commercial
feed" shall include feed containing or mixed with hemp or hemp-derived
feed ingredients for livestock only upon approval of the ingredient and
permissible species by the United States Food and Drug Administration or its
definition in the official publication of the Association of American Feed
Control Officials.
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SECTION 5.
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No later than December 31, 2026, the department of agriculture and
biosecurity shall initiate rulemaking to recognize any hemp-derived feed
ingredient defined in the official publication of the Association of American
Feed Control Officials.
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SECTION
6.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
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SECTION
7.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
8.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
DAB;
Hemp; Hemp-derived Feed Ingredient; Commercial Feed; Rules
Description:
Beginning
7/1/2026, authorizes the use of hemp-derived feed ingredients in certain commercial
animal feeds.
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Authorizes the use of hemp
and hemp-derived feed ingredients in commercial feed for livestock, contingent
on approval by the federal government or Association of American Feed Control
Officials.
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Requires the Department of
Agriculture and Biosecurity to adopt rules.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.