Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-4 - Duties

Current through June, 2024
(a) The licensee shall continually ensure
				that all information provided to the department is accurate and up to date, and
				shall notify the department within the time specified in this chapter, or if
				not specified, at least ten days prior to any changes, or immediately upon
				discovery of the change if ten days prior is not possible. Failure to provide
				and maintain accurate and up to date information on file with the department
				may result in the penalties set forth in section 4-161-6.
(b) The licensee shall conduct all
				agricultural operations in a lawful manner consistent with the standards
				befitting of an official of the State, provided that such standards are subject
				to the sole discretion and direction of the department.
(c) The licensee shall abide by all
				applicable laws and regulations incident to the growth, cultivation, or
				marketing of industrial hemp.
(d)
				The licensee shall indemnify, hold harmless and release forever the State and
				its departments, agencies, officers, employees, and agents of any kind from all
				liability claims arising out the licensee's actions involving the growth,
				cultivation, or marketing of industrial hemp.
(e) The licensee shall warrant that the
				licensee is not an employee of the State and shall assume total and sole
				responsibility for any of the licensee's acts or omissions involving the growth
				or production of industrial hemp or arising out the licensee's participation in
				the industrial hemp pilot program.
(f) The licensee shall allow any institution
				of higher education in the State to access the sites registered by the licensee
				with the department for production of industrial hemp for all purposes, as
				determined at the discretion of the department related to research, growth,
				cultivation, and marketing of industrial hemp.
(g) The licensee shall allow federal, state,
				or local authorities to inspect and sample the industrial hemp licensed land
				area, plants, plant materials, seeds, equipment, or facilities incident to the
				growth or production of industrial hemp.
(h) The licensee shall remit to the
				department when due, all fees and other expenses required under this
				chapter.
(i) The licensee shall
				adhere narrowly to the research focus of the area in which the licensee is
				participating in the industrial hemp pilot program. The areas include one or
				more of the following:
(1) Planting and
				growing " tracking vital statistics and yield rates with respect to industrial
				hemp varieties and growing variables, including seed planting rate, soil
				composition, water usage, and planting and growing season;
(2) Pest " tracking the occurrence of pests
				and effectiveness of various preventative measures in correlation with the
				industrial hemp varieties;
(3) Cost
				centers and financing " tracking average cost estimates of producing industrial
				hemp varieties, taking into account costs of participation in the industrial
				hemp pilot program, product acquisition, water usage, equipment, labor, and
				security measures and reporting financial resources available for production of
				industrial hemp; or
(4) Marketing
				and industrial development " reporting market demand for industrial hemp
				varieties, raw materials and end products, including identification of actual
				or potential hemp products, processors, product manufacturers, wholesalers,
				retailers, and targeted consumers.