Section 11-37-30 - Labeling(a) Except as provided in subsection (d), every 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:(3) The total quantity (in milligrams) of the following cannabinoids contained in the packaged hemp product:(A) Total tetrahydrocannabinol;(B) Delta-9-tetrahydrocannabinol;(C) Cannabidiol (CBD); and(D) Any other cannabinoid specifically listed, described, or advertised in the label or packaging of the hemp product, including but not limited to cannabigerol (CBG) and cannabinol (CBN);(4) An ingredient statement that meets the requirements of section 11-37-31;(5) A responsibility statement that meets the requirements of section 11-37-32;(8) 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;(9) The statement "Keep out of the reach of children. nor words of similar meaning;(10) The statement "This product has been tested pursuant to chapter 11-37 subchapter 2, Hawaii Administrative Rules."; and(11) A QR code or website that displays test results as required by section 11-37-24.(b) Except as provided in subsection (d), every hemp product intended to be consumed 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: (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;(3) The content (in milligrams) per serving of the following cannabinoids:(A) Total tetrahydrocannabinol;(B) Cannabidiol (CBD); and(C) Any other cannabinoid specifically listed, described, or advertised in the label or packaging of the hemp product, including but not limited to cannabigerol (CBG) and cannabinol (CBN); and(4) A statement of the major food allergens the product contains or has protein derived from, to include: (D) Crustacean shellfish;(H) Soybeans. Highly refined oils derived from any of the eight major food allergens and any ingredient derived from such highly refined oils are exempt from this requirement.
(c) Every 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: the statement "For external use only." or words of similar meaning.(d) Allowed exceptions. (1) If the container of any hemp product is too small to accommodate a label containing all of the information required by subsection (a) and (b), the information in paragraph (b) (1) may be included on labeling attached to or inserted into the package using a type size no smaller than one-sixteenth inch in height.(2) In lieu of being included on the product label, the information in paragraphs (a) (10) and (a) (11) may be included on labeling attached to or inserted into the package using a type size no smaller than one sixteenth inch in height.(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.[Eff 8/9/21; am and comp 2/24/2022] (Auth: HRS § 328G-4) (Imp: HRS §§ 328G-3, 328G-4)