§328G-2  Hemp processor registry; application; removal from registry.  [See Note at beginning of chapter.]  (a)  No person shall process hemp without first obtaining 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.

     (b)  No person shall process hemp without being registered by the department as a hemp processor pursuant to this part and any rules adopted pursuant [to] this chapter.

     (c)  A person who intends to process hemp shall apply to the department for registration on an application form created by the department.

     (d)  The applicant shall provide, at a minimum, the following information:

     (1)  The applicant's name, mailing address, and phone number in Hawaii;

     (2)  The legal description of the land on which the hemp is to be processed or stored;

     (3)  A description of the enclosed indoor facility where hemp processing will occur;

     (4)  Documentation that the indoor facility and planned hemp processing operation complies with all zoning ordinances, building codes, and fire codes;

     (5)  Documentation showing that the applicant has obtained 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; and

     (6)  Any other information required by the department.

     (e)  In addition to the application form, each applicant shall submit a non-refundable application fee established by the department.  If the fee does not accompany the application, the application for registration shall be deemed incomplete.

     (f)  Any incomplete application shall be denied.

     (g)  Upon the department's receipt of a complete and accurate application and remittal of the application fee, the applicant shall be registered and shall be issued a certificate of registration to process hemp.

     (h)  The certificate of registration shall be renewed annually by payment of the annual renewal fee to be determined by the department.

     (i)  Hemp processors shall allow any member of the department, or any agent or third party authorized by the department, to enter at reasonable times upon any private property in order to inspect, sample, and test the hemp processing area, hemp products, equipment, facilities incident to the processing or storage of hemp, and review all pertinent records.

     (j)  The department may remove any person from the registry for failure to comply with any law or regulation under this chapter.  It is the responsibility of the hemp processor to make sure it is registered and legally allowed to process hemp and in compliance with any and all laws and regulations.  The removal of a hemp processor from the registry shall be in accordance with the procedures set forth in section 328G-6. [L 2020, c 14, pt of §2, §9; am L 2021, c 230, §7]