HAR §4-161-2. Transportation

(a) The reporting requirements of this section apply to: (1) Harvested hemp flowers and leaves in their raw botanical form, whether wet or dried, which were produced in state by a licensee; and (2) Living hemp plants or plant parts which can be used to propagate a new plant, and viable hemp seeds which were produced in state by a licensee. (b) The reporting requirements of this section do not apply to: (1) Mature stalks or mature stalk material if the stalk material has been stripped of leaves and flowers with only a de minimus amount of leaves and floral material remaining attached; (2) Sterilized hemp seed incapable of germination; (3) Rhetted hemp fiber; or (4) Hemp products. (c) Hemp in the forms specified in subsection (a) shall not be transported outside of a licensed grow area except by a person or entity that holds a license to produce hemp issued by the USDA. (d) A person or entity that has a license to produce hemp issued by the USDA may transport hemp in the forms specified in subsection (a) outside of a licensed grow area, provided that: (1) The hemp is transported to an authorized processor within the state; (2) The hemp is transported to a licensed grow area within the state; or (3) The hemp is exported. (e) Any hemp to be transported shall have passed all compliance testing required by the USDA and comply with all other applicable state or federal laws or regulations, including those found in chapter 4-72, Hawaii Administrative Rules. (f) Any hemp to be exported shall comply with all applicable state or federal laws and regulations 6 relating to exportation, including the laws of the state or country that the hemp is being exported to. (g) No hemp in the forms specified in subsection (a) shall be transported outside of a licensed grow area unless a licensee files a transportation report with the department at least three business days prior to the intended transportation date. (h) The transportation report shall be in a form and submitted in a manner prescribed by the department and shall contain the following: (1) The licensee’s name and USDA hemp producer license number; (2) Date of transportation; (3) Method of transportation; (4) Identification of the person transporting the hemp; (5) Address of the grow area that the hemp is to be removed from; (6) Address the hemp is to be transported to with contact information for recipient; (7) Kind and quantity of packages, or if in bulk the total quantity of hemp to be transported; (8) Documentation confirming the specific hemp to be transported has passed all compliance testing required by the USDA; and (9) Any additional information or documentation required by the department or law enforcement. (i) During any transportation of hemp, the licensee or employee of the licensee shall carry with them a copy of the transportation report, the licensee’s USDA hemp production license, and any other documentation required to be included with the transportation report by the department or law enforcement. (j) Licensees shall complete and submit to the department all required reports and statements relative to the licensee's transportation of hemp at least three business days prior to the intended transportation date. A failure to timely complete and 7 submit any required report may result in the penalties set forth in section 4-161-5. (k) Licensees shall allow the department or law enforcement to inspect and sample harvested hemp cargoes prior to and during transport, including at ports of origin or arrival. (l) Licensees shall comply with any direction of the chairperson with respect to the transportation of hemp when the circumstances require.[Eff: Upon approval] (Auth: Act 014 SLH 2020)