reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-122 - Batch production and distribution records

Current through June, 2024
(a)
				  Production records shall document, for each batch of cannabis or manufactured
				  cannabis product:
(1) Review of ingredient
				  records to determine if ingredients are adequately controlled;
(2) Ingredients (name, code, batch number,
				  quantity, etc.) added to the batch;
(3) Production steps (for example,
				  processing, handling, transferring, holding, and filling);
(4) In-process sampling, controlling, and
				  adjusting steps;
(5) Compliance
				  with or deviations from standard operating procedures;
(6) Detailed description of any deviations
				  from standard procedures, justifications for the deviations, and corrective
				  measures taken;
(7) Any quality
				  control review and disposition decision and follow-up required by section
				  11-850-123;
(8) Any remediation carried out under section
				  11-850-129; and
(9) Batch number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-123 - Quality control review and disposition decisions

Current through June, 2024
(a)
				  A dispensary shall establish and follow written standard operating procedures
				  and assign specific staff persons as quality control personnel to fulfill the
				  requirements of this section.
(b)
				  Quality control personnel shall conduct a review and make a disposition
				  decision if:
(1) A contaminant limit or water
				  activity limit established in section
				  11-850-135 is exceeded;
(2) Production of a batch deviates from
				  established standard operating procedures, including when any step is not
				  completed;
(3) There is any
				  unanticipated occurrence during production operations that contaminates or may
				  lead to contamination of cannabis, a manufactured cannabis product, component,
				  or packaging, or could lead to the use of an incorrect label;
(4) Calibration of an instrument or control
				  suggests a problem that may have resulted in a failure to ensure the quality of
				  a batch -of cannabis or manufactured cannabis product; or
(5) Cannabis or a manufactured cannabis
				  product is returned.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-124 - Returned cannabis or manufactured cannabis products

Current through June, 2024
(a)
				  Standard operating procedures. A dispensary shall establish and follow written
				  standard operating procedures to fulfill the requirements of this
				  section.
(b) Quarantine and
				  investigation of production processes. Returned cannabis or manufactured
				  cannabis products shall be identified and quarantined until quality control
				  personnel conduct a review as required by section
				  11-850-123(c).
(c) Investigation of other batches. If the
				  reason for cannabis or a manufactured cannabis product being returned
				  implicates other batches, the dispensary shall conduct an investigation of each
				  of those other batches in accordance with section
				  11-850-123(c) to
				  determine compliance with subchapter
				  7 and the contamination limits in
				  section 11-850-135.
(d) Destruction. A dispensary shall destroy
				  any returned cannabis or manufactured cannabis product.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-125 - Product complaints

Current through June, 2024
(a) A dispensary
				  shall establish and follow written procedures to fulfill the requirements of
				  this section.
(b) Review and
				  investigation of product complaints. A qualified person shall:
(1) Review all product complaints to
				  determine whether the product complaint involves a possible failure of cannabis
				  or a manufactured cannabis product to meet any of the contaminant limits in
				  section 11-850-135 or any other
				  requirements of this chapter, including those requirements that, if not met,
				  may result in a risk of illness or injury; and
(2) Investigate any product complaint that
				  involves a possible failure of cannabis or a manufactured cannabis product to
				  meet any of the contaminant limits in section
				  11-850-135 or any other
				  requirements of this chapter, including those requirements that, if not met,
				  may result in a risk of illness or injury.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-126 - Adverse events

Current through June, 2024
(a) A dispensary
				  shall establish and follow written procedures to fulfill the requirements of
				  this section.
(b) A dispensary
				  licensee shall notify the department within forty-eight hours after learning of
				  an adverse event associated with cannabis or a manufactured cannabis product
				  sold at a retail dispensing location operated by the dispensary licensee. For
				  the purposes of this section, "adverse event" means any untoward medical
				  occurrence associated with the use of cannabis or a manufactured cannabis
				  product, which may include any unfavorable or unintended sign, symptom, or
				  disease.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-127 - Recalls

Current through June, 2024
(a) A dispensary shall establish a written
				  recall plan for cannabis and for each manufactured cannabis product.
(b) The written recall plan shall include
				  procedures that describe the steps to be taken, and assign responsibility for
				  taking those steps, to perform the following actions as appropriate to the
				  dispensary:
(1) Notify the retail dispensing
				  locations of the product being recalled, including how to return or dispose of
				  the affected product;
(2) Notify
				  qualifying patients, qualifying out-of-state patients, and the public about any
				  hazard presented by the product when appropriate to protect public
				  health;
(3) Conduct effectiveness
				  checks to verify that the recall is carried out; and
(4) Appropriately dispose of recalled product
				  (e.g., through reprocessing or destroying the product).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-128 - Recordkeeping for quality control

Current through June, 2024
(a) A medical
				  cannabis dispensary shall establish and maintain the following records
				  documenting compliance with this subchapter:
(1) Written procedures for quality control
				  operations, including:
(A) Conducting a review
				  and making a disposition decision;
(B) Approving or rejecting any
				  reprocessing;
(C) Identifying and
				  investigating additional potentially implicated batches;
(D) Handling of returned cannabis or
				  manufactured cannabis products, including procedures for quarantine,
				  destruction, and salvaging and reprocessing; and
(E) Reviewing and investigating product
				  complaints;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 8 - QUALITY CONTROL › Section 11-850-129 - Remediation and reanalysis

Current through June, 2024
(a) As permitted by
				  section 11-850-135(h)
				  (1), a batch of cannabis or manufactured
				  cannabis products may be remediated and submitted a certified laboratory for
				  reanalysis in accordance with the following procedures:
(1) The dispensary licensee shall submit the
				  sampling plan, certificate of analysis, and a remediation plan to the
				  department within thirty calendar days of issuance of the certificate of
				  analysis by the certified laboratory. The remediation plan shall include:
(A) A description of how the cannabis or
				  manufactured cannabis product batch will be remediated so that the batch, or
				  any product produced therefrom, will meet all laboratory testing and quality
				  assurance requirements; and
(B)
				  Evidence of the effectiveness of the proposed remediation strategy;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-131 - Laboratory analysis required; batch size limits; representative samples; reserve samples

Current through June, 2024
(a) A dispensary
				  licensee shall not dispense cannabis or manufactured cannabis products unless a
				  laboratory certified by the department pursuant to this chapter has analyzed a
				  representative sample of the cannabis or manufactured cannabis products and the
				  samples meet the requirements set out in this subchapter.
(b) All samples submitted for laboratory
				  analysis or held as reserve samples shall meet the requirements in subsection
				  (f) for cannabis and subsection (g) for manufactured cannabis
				  products.
(c) Collection of samples
				  used to complete the analyses required by section
				  11-850-135 must take place after
				  the batch of cannabis or manufactured cannabis product has completed all
				  required production steps as outlined in the dispensary's standard operating
				  procedures, except packaging and labeling, and is in its final form.
(d) A dispensary licensee shall maintain two
				  reserve samples from each batch:
(1) In the
				  same packaging in which the cannabis or manufactured cannabis product is
				  dispensed;
(2) Under conditions
				  consistent with the label or, if no storage conditions are recommended on the
				  label, under ordinary storage conditions; and
(3) Until the use by date.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-132 - Requirements for laboratory certification

Current through June, 2024
(a) No laboratory
				  is authorized to handle or analyze cannabis or manufactured cannabis products
				  unless that laboratory is certified by the department as specified in this
				  subchapter, except as provided in subsection (d).
(b) The department may grant a certification
				  to a laboratory to analyze cannabis and manufactured cannabis products if that
				  laboratory:
(1) Is independent from all
				  medical cannabis dispensary licensees and employees and all other persons and
				  entities with a financial interest in a dispensary licensee;
(2) Is accredited in Hawaii by an
				  accreditation body whose standards are equivalent to the International
				  Standards for Organization (ISO) 17025, with a scope of accreditation that
				  includes analytes listed in section
				  11-850-135(c) for
				  cannabis and manufactured cannabis products;
(3) Demonstrates capacity and proficiency to
				  test cannabis and manufactured cannabis products in accordance with this
				  chapter;
(4) Has established
				  standard operating procedures that include chain of custody for samples
				  transferred to the laboratory or between laboratories for analysis;
				  and
(5) Has obtained a
				  certification of registration from the department of public safety in
				  accordance with section
				  329-32, HRS, and chapter
				  23-200.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-133 - Procedures for laboratory certification

Current through June, 2024
(a) To apply for a
				  laboratory certification to analyze cannabis and manufactured cannabis
				  products, a laboratory shall submit to the department on forms and in a manner
				  prescribed by the department:
(1) An
				  application;
(2) All information
				  and documents required by the department, including but not limited to:
(A) Laboratory employee
				  qualifications;
(B) Standard
				  operating procedures;
(C) Quality
				  assurance plan;
(D) Validation
				  studies;
(E) Annual proficiency
				  tests;
(F) A copy of the
				  laboratory's most recent assessment by the laboratory's accreditation body, the
				  laboratory's responses to any findings of non-compliance with standards or
				  recommendations, and the corrective actions taken by the laboratory to address
				  the findings or recommendations; and
(G) A copy of the laboratory's accreditation
				  in Hawaii or another jurisdiction, accompanied by the scope of accreditation;
				  and
(3) An annual
				  certification fee in the amount of $3,000.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-134 - Minimum operating standards for laboratories certified pursuant to this subchapter

Current through June, 2024
(a) Upon being
				  certified by the department, a laboratory shall:
(1) Display a copy of the certification in a
				  prominent location on the laboratory premises;
(2) Obtain department approval of the
				  laboratory's employee qualifications, quality assurance plan, and standard
				  operating procedures to analyze cannabis and manufactured cannabis
				  products;
(3) Follow the scope for
				  which it is accredited for analyzing cannabis and manufactured cannabis
				  products and the requirements for laboratory standards and analysis established
				  in this subchapter;
(4) Notify the
				  department within one business day after receiving notice of any kind that its
				  accreditation has been denied, suspended, or revoked;
(5) Notify the department immediately of any
				  change or anticipated change that may affect the operations of the laboratory
				  with regard to its ability to continue to meet the requirements of this
				  subchapter, including, but not limited to, proficiency test results, employee
				  changes, instrumentation, methodology, standard operating procedures,
				  facilities, and accreditation; and
(6) Follow other conditions set forth in the
				  certification as issued by the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-135 - Laboratory standards and analysis

Current through June, 2024
(a) A certified
				  laboratory shall develop and follow a statistically valid sampling plan to
				  collect representative samples from each batch of cannabis or manufactured
				  cannabis product in accordance with section
				  11-850-131. A certified laboratory
				  shall analyze a representative sample from each batch of cannabis or
				  manufactured cannabis products.
(b)
				  A certified laboratory shall analyze samples according to standard operating
				  procedures prepared by the laboratory based on validated methods published in
				  peer reviewed scientific or regulatory literature, subject to approval by the
				  department, and shall document the accuracy, sensitivity, specificity, and
				  reproducibility of the analysis methods.
(c) A certified laboratory shall issue to the
				  dispensary licensee and the department a certificate of analysis for each batch
				  of cannabis and manufactured cannabis products analyzed for that dispensary;
				  provided that a certified laboratory may only analyze and report on those
				  methods and analytes for which it is qualified. The certificate of analysis
				  shall include the results with supporting data for the following:
(1) The chemical profile of the batch for the
				  following cannabinoids:
(A) Total
				  tetrahydrocannabinol;
(B)
				  Oelta-9-tetrahydrocannabinolic acid;
(C) Oelta-9-tetrahydrocannabinol;
(D) Oelta-8-tetrahydrocannabinol;
(E) Cannabidiol (CBO); and
(F) Any other cannabinoid specifically listed
				  or described in the label or packaging of the cannabis or manufactured cannabis
				  product, including but not limited to cannabigerol (CBG) and cannabinol
				  (CBN).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-136 - Enforcement; suspension and revocation of laboratory certification

Current through June, 2024
(a) A certified laboratory or a laboratory
				  seeking certification shall provide the department access to inspect the
				  laboratory facility, interview laboratory personnel, or review, inspect,
				  evaluate, and audit records and documents related to the analyses of dispensary
				  licensee samples at any time to verify compliance with this
				  subchapter.
(b) If the department
				  finds that a certified laboratory is not in compliance with the requirements of
				  this chapter, the department shall notify the certified laboratory in writing
				  of the specific areas of non-compliance and the department may do one or more
				  of the following:
(1) Establish a specific
				  timeframe for the correction of areas of non-compliance;
(2) Require the certified laboratory to
				  submit, within fifteen days of receipt of the department's notification, a
				  written corrective action plan that addresses the areas of non-compliance and
				  that shall be subject to approval by the department; or
(3) Suspend a laboratory certification and
				  prohibit the laboratory from handling and analyzing cannabis and manufactured
				  cannabis products.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS › Section 11-850-137 - Request for reconsideration

Current through June, 2024
(a) A laboratory
				  aggrieved by a suspension or revocation made pursuant to section
				  11-850-136 may request a
				  reconsideration of the action.
(b)
				  A request for reconsideration shall be submitted to the department within five
				  business days after the date of notification; provided that for the purposes of
				  this section, "date of notification" means three days after the department
				  mailed notice to the laboratory.
(c) A request for reconsideration shall
				  include an explanation of why the laboratory believes the suspension or
				  revocation was improper and shall include all arguments, authorities, factors,
				  affidavits, exhibits, and any other matter which the laboratory may deem
				  relevant.
(d) The director shall
				  issue a written final decision to the laboratory within fifteen business days
				  after the receipt of a request for reconsideration, unless the director
				  determines that an extension is necessary and provides written notice of the
				  extended deadline to the laboratory.
(e) The director's final decision shall, at a
				  minimum, determine whether the director is upholding the suspension or
				  revocation and shall contain a statement of the reasons for the final decision,
				  including factual findings.
(f) A
				  request for reconsideration shall not operate as a stay of the suspension or
				  revocation made pursuant to section
				  11-850-136.
(g) A final decision by the director on a
				  request for reconsideration is a final agency action.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 10 - SIGNAGE, PACKAGING, LABELING, ADVERTISING, AND DISPLAYS › Section 11-850-141 - Signage

Current through June, 2024
A dispensary licensee shall not post any signage visible
					 from the exterior other than one or two signs, each no greater than one
					 thousand six hundred square inches, that bear only the business or trade name
					 in text without any pictures or illustrations; provided that if any applicable
					 law or ordinance restricting outdoor signage is more restrictive, that law or
					 ordinance shall govern.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 10 - SIGNAGE, PACKAGING, LABELING, ADVERTISING, AND DISPLAYS › Section 11-850-142 - Packaging for retail sale

Current through June, 2024
(a) A dispensary
				  licensee shall use packaging for cannabis and manufactured cannabis products
				  that:
(1) Meets the requirements for special
				  packaging in Title 16 C.F.R. part 1700, as published by the U.S. Government
				  Publishing Office as of January 1, 2021;
(2) Is opaque so that the product cannot be
				  seen from outside the packaging;
(3) Protects the product from contamination
				  and does not impart any toxic or harmful substance to the cannabis or
				  manufactured cannabis product;
(4)
				  Is not reactive, additive, or absorptive so as to alter the safety, identity,
				  strength, quality, or purity of the cannabis or manufactured cannabis products
				  as labeled; and
(5) For
				  manufactured cannabis products, contains no more than one thousand milligrams
				  of total tetrahydrocannabinol per pack or container.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 10 - SIGNAGE, PACKAGING, LABELING, ADVERTISING, AND DISPLAYS › Section 11-850-143 - Labeling for retail sale

Current through June, 2024
(a) Each package of
				  cannabis or manufactured cannabis product shall be labeled using only black
				  lettering on a white background with no pictures or graphics.
(b) Except as provided in subsection (f),
				  every package of cannabis or manufactured cannabis 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:
(1) Product name;
(2) Information about the contents and
				  potency of the cannabis and manufactured cannabis product, including but not
				  limited to:
(A) Net weight in ounces and grams
				  for solids or volume for liquids;
(B) The concentration in milligrams per gram
				  for solids and milligrams per milliliter for liquids of:
(i) Total tetrahydrocannabinol;
(ii) Delta-9-tetrahydrocannabinolic
				  acid;
(iii)
				  Delta-9-tetrahydrocannabinol;
(iv)
				  Delta-8-tetrahydrocannabinol;
(v)
				  Cannabidiol; and
(vi) Any other
				  cannabinoid specifically listed or described in the label or packaging of the
				  cannabis or manufactured cannabis product, including but not limited to
				  cannabigerol (CBG) and cannabinol (CBN).
(3) An ingredient statement that meets the
				  requirements of section
				  11-850-144;
(4) The dispensary licensee's license number
				  and the name of the production center where cannabis in the product was
				  produced;
(5) The batch number and
				  date of packaging;
(6) A computer
				  tracking inventory identification number barcode generated by tracking
				  software;
(7) Date of harvest for
				  cannabis or date of manufacture for manufactured cannabis products;
(8) Instructions for use and "use by
				  date";
(9) The phrases "For medical
				  use only" and "Not for resale or transfer to another person";
(10) The following warnings:
(A) "This product may be unlawful outside of
				  the State of Hawaii and is unlawful to possess or use under federal
				  law";
(B) "This product has
				  intoxicating effects and may be habit forming";
(C) "Smoking is hazardous to your
				  health";
(D) "There may be health
				  risks associated with consumption of this product";
(E) "This product is not recommended for use
				  by women who are pregnant or breast feeding";
(F) "Cannabis can impair concentration,
				  coordination, and judgment. Do not operate a vehicle or machinery under the
				  influence of cannabis;
(G) "When
				  eaten or swallowed, the effects of cannabis may be delayed by two or more
				  hours"; and
(H) "Keep out of the
				  reach of children.".
(11)
				  The name of the laboratory that performed the analysis.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 10 - SIGNAGE, PACKAGING, LABELING, ADVERTISING, AND DISPLAYS › Section 11-850-144 - Ingredient statement

Current through June, 2024
(a) All ingredients
				  shall be listed on the label in order of prominence by weight and shall be
				  preceded by the word "Ingredients".
(b) The common or usual name of ingredients
				  shall be consistent with the names standardized in:
(1) For ingredients that are botanicals
				  (including fungi and algae):
Herbs of Commerce,
second
				  edition, published by the American Herbal Products Association. The listing of
				  these names on the label shall be followed by statements of:
(A) The part of the plant (e.g., root,
				  leaves) from which the ingredient is derived (e.g., "Cannabis flower" or
				  "Cannabis (flower)"), except that this designation is not required for algae;
				  and
(B) The Latin binomial name of
				  the plant, in parentheses, except that this name is not required when it is
				  available in
Herbs of Commerce,
second edition, for the common
				  or usual name listed on the label, and, when required, the Latin binomial name
				  may be listed before the part of the plant. Any name in Latin form shall be in
				  accordance with internationally accepted rules on nomenclature, such as those
				  found in the
International Code of Botanical Nomenclature
(Shenzhen Code), 2018 edition, published by the International Association for
				  Plant Taxonomy, and shall include the designation of the author or authors who
				  published the Latin name, when a positive identification cannot be made in its
				  absence.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 10 - SIGNAGE, PACKAGING, LABELING, ADVERTISING, AND DISPLAYS › Section 11-850-145 - Advertising and displays

Current through June, 2024
(a) A dispensary
				  licensee shall not engage in advertising in any media including but not limited
				  to:
(1) Broadcast or electronic media:
(A) Radio;
(B) Television;
(C) Internet; and
(D) Social media;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 11 - ENFORCEMENT › Section 11-850-151 - Remedies

Current through June, 2024
(a) If the director determines that any
				  person is violating any provision of this chapter, chapter 329D, HRS, or the
				  person's license, the director may have that person served with a notice of
				  violation and an order. The notice shall specify the alleged violation. The
				  order may:
(1) Require that the alleged
				  violator do any or all of the following:
(A)
				  Cease and desist from the violation;
(B) Pay an administrative penalty of not less
				  than $100 nor more than $1,000 for each separate violation; provided that each
				  day on which a violation occurs or continues shall be counted as a separate
				  violation; and
(C) Submit a
				  corrective action plan within ten days and correct the violation at the alleged
				  violator's expense; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 11 - ENFORCEMENT › Section 11-850-152 - Suspension and revocation of dispensary license

Current through June, 2024
(a) Upon
				  suspension of a dispensary license pursuant to section
				  329D-21 and this subchapter, the
				  licensee shall immediately do any or all of the following as ordered by the
				  director:
(1) Cease dispensing or
				  manufacturing cannabis and manufactured cannabis products, or both;
(2) Cease transporting cannabis and
				  manufactured cannabis products; or
(3) Cease operations in all applicable
				  dispensary facilities except those operations necessary to maintain the growth
				  of cannabis plants and to maintain security.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 1 - OFFICE OF THE DIRECTOR › Section 12-1-5 - Petition for declaratory ruling

Current through June,
			 2024
(a) On petition of
			 an interested person or agency, the director may issue a declaratory order as
			 to the applicability of any statutory provision, administrative rule, or order
			 of the director. Petitions shall:
(1) State
			 clearly and concisely the controversy or uncertainty;
(2) Shall cite the statutory authority
			 involved; and
(3) Shall include a
			 complete statement of the facts and the reasons prompting the petition,
			 together with full disclosure of petitioner's interest.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-2 - Master and servant relationship

Current through June,
				2024
(a) Services are
				deemed to be in employment if sections
				383-2
				and
				383-10,
				Hawaii Revised Statutes, are satisfied, unless and until it is shown to the
				satisfaction of the department that all of the three-fold conditions or AABC@
				test under section
				383-6,
				Hawaii Revised Statutes, are met. In applying section
				383-6,
				Hawaii Revised Statutes, to an individual=s services, the following definitions
				shall apply:
(1) "Contract of hire" is a
				written or oral, express or implied, agreement between two or more individuals
				which creates an obligation to do or not to do a particular thing and where
				such agreement demonstrates a promise of wages for services
				performed.
(2) "Control or
				direction over the performance of such service" means general control and need
				not extend to all details of the performance of service. The employer need not
				actually exercise control; it is sufficient that there is a right to do
				so.
(3)
(A) "Outside the usual course of the
				business" refers to services that do not promote or advance the business of the
				employer, or services that are merely incidental to, and not an integral part
				of, that business.
(B) "Outside of
				all the places of business of the enterprise" refers to places other than the
				business=s home office, headquarters or territory in which the business
				operates;
(4) "The
				individual is customarily engaged in an independently established trade,
				occupation, profession, or business" refers to an individual who is performing
				services and is established in the business of performing these services
				independent of whatever connection the individual may have with an employer and
				that the individual must have a proprietary interest in such business,
				something in which the individual has a right of continuity, which the
				individual can sell or give away, and which is not subject to cancellation or
				destruction upon severance of the relationship with the employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-3 - Excluded service

Current through June,
				2024
(a) Services shall
				be deemed to be excluded under section
				383-7, Hawaii
				Revised Statutes, where it is shown to the satisfaction of the department that
				the conditions for the exclusions have been met. Employers shall provide
				relevant records, reports, or documents to the department to support
				application of the exclusion.
(b)
				As used in section
				383-7(2),
				the term "domestic service" refers to services ordinarily and customarily
				performed as an integral part of household or private home duties, including,
				but not limited to, services performed by cooks, waiters, housekeepers, maids,
				babysitters, janitors, laundresses, caretakers, handypersons, gardeners, and
				chauffeurs for family use.
(c) As
				used in section
				383-7(3),
				Hawaii Revised Statutes, the phrase "service not in the course of the employing
				unit's trade or business" refers to service which does not in any way:
(1) Promote or advance the trade or business
				of the employing unit; or
(2)
				Contribute to the preservation, maintenance, or operation of its business,
				business premises or business property.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-5 - Cash value of remuneration in kind

Current through June,
				2024
(a) Board, lodging,
				or any other payment in kind received by a worker from the worker's employer in
				addition to or in lieu of (rather than as a deduction from) money wages shall
				be deemed to be remuneration paid by the employer.
(b) The reasonable cash value of such
				payments in kind, as established by the department, shall be used in
				determining the wages paid to the worker and in computing contributions due
				from the employer.
(c) Where a
				money value for such payments in kind is agreed upon in a contract of hire, the
				amount so agreed upon shall, if more than the rates specifically determined by
				the department or the rates prescribed herein, be deemed the cash value of such
				payment.
(d) Until and unless, in a
				given case, a rate for board or lodging is determined by the director, board or
				lodging furnished as payment in kind shall be deemed to have not less than the
				following values:
Full board and room, weekly
$28.00
Meals, per week
18.90
per day
2.70
per meal
.90
Lodging, per week
9.10
per day
1.30
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-13 - Records

Current through June, 2024
(a) Each employing unit having employment
				performed for it shall maintain records as indicated in this section.
(1) For each worker, unless the department
				has ruled that the worker's services do not constitute employment:
(A) Name;
(B) Social security account number;
(C) Type of work performed;
(D) Place in which the worker's services are
				performed and, if services are performed outside the State, place of the
				worker's residence;
(E) Date on
				which the worker was hired, rehired, or returned to work after temporary
				lay-off, last day worked, and date separated from work, and reason
				therefor;
(F) Rate of pay,
				remuneration paid the worker for services, and dates of payment, showing
				separately:
(i) Cash remuneration, including
				and specifying such special payments as bonuses and gifts;
(ii) Reasonable cash value of remuneration in
				any medium other than cash; and
(iii) Amount of gratuities or tips accounted
				for by the worker to the employer;
(G) Amounts paid the worker as allowances or
				reimbursement for traveling or other business expenses, date of payment, and
				the amounts of such expenditures actually incurred and accounted for by the
				worker; and
(H) With respect to pay
				periods in which the worker performs services in both subject employment and
				non-subject work, the hours spent and wages earned in each, shown
				separately.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-17 - Reports

Current through June, 2024
(a) Every employing unit for which services
				are performed in employment shall file a report within twenty days after such
				services are first performed on forms provided by the department to determine
				liability for contributions.
(b) At
				the time contributions are due and payable as prescribed in section
				12-5-21(b),
				each employer shall submit to the state tax collector, with the contributions,
				a contribution report. Effective with the quarter ending September 30, 1988,
				each employing unit shall submit a quarterly wage report with the contribution
				report and the contribution payment. Every employer shall submit a completed
				quarterly wage report and contribution report for every quarter regardless of
				whether such employer is then liable for contributions for that
				quarter.
(c) The contribution
				report shall include the following information:
(1) The number of covered workers in the pay
				period which includes the twelfth day of the month;
(2) The total subject wages including the
				cash value of all other remuneration;
(3) The total wages paid in the quarter in
				excess of the taxable wages as determined and indicated on the contribution
				report form provided by the department;
(4) The net taxable wages paid;
(5) The employer's amount of
				contribution;
(6) Any additional
				contribution for prior periods;
(7)
				The amount of penalty and interest;
(8) Any credit adjustments as determined and
				indicated on the contribution report provided by the department;
(9) The total amount of contribution
				due;
(10) The signature of the
				person completing the report;
(11)
				The name of the person completing the form, typed or printed legibly;
(12) The telephone number of the person
				completing the report;
(13) The
				date of completion of the report; and
(14) Such other relevant and reasonable
				information as requested by the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-21 - Contributions by employers

Current through June,
				2024
(a) Contributions
				shall be payable for each calendar quarter with respect to wages paid during
				such calendar quarter for employment.
(b) Contributions shall become due and shall
				be paid on or before the last day of the month following the close of the
				calendar quarter in which wages are paid, except that when the department finds
				with respect to a particular employer that the collection of contributions
				which have accrued during any completed or incompleted quarterly or monthly
				period may be jeopardized, it may advance the due date of such employer's
				contributions to such date as it deems advisable.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-22 - Contribution rates

Current through June, 2024
(a) As used in section
				383-66,
				Hawaii Revised Statutes, the phrase "new or newly covered employer" includes
				employers who do not qualify for a rate other than the maximum rate because
				their accounts have not been chargeable with benefits throughout the twelve
				calendar month period ending on December 31 of the preceding calendar year, as
				provided under section
				383-66(2),
				Hawaii Revised Statutes, and whose reserve balance is equal to or greater than
				zero.
(b) The phrase "substantially
				all the assets" as used in section
				383-66(5),
				Hawaii Revised Statutes, means those assets which are necessary for the
				continuation of the predecessor employer's organization, trade, or business as
				a going concern, including:
(1) Real and
				personal property;
(2)
				Inventories;
(3) Accounts and notes
				receivable;
(4) The trade
				name;
(5) Goodwill;
(6) Patents;
(7) Copyrights;
(8) Contracts;
(9) Franchises; and
(10) Any other assets necessary for the
				continuation of the organization, trade, or business.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-23 - Noncharges for benefits

Current through June,
				2024
(a) Employment and
				wages which have been used for a determination of benefits which establishes a
				benefit year shall not thereafter be used as the basis for another monetary
				determination of benefits, except where amendments to chapter
				383, Hawaii Revised Statutes, affect
				the method of computing base periods or otherwise require reuse of base period
				wages. Where reuse of base period wages is authorized, benefit costs
				attributable to wages used in a previous benefit year that are available for a
				second benefit year shall not be charged against the account of any base period
				employer.
(b) The noncharge
				provided in section
				383-65(b)(2),
				Hawaii Revised Statutes, shall apply only if all of the following conditions
				are satisfied:
(1) The part-time employment
				provided by the employer continues uninterrupted from the base period to the
				period during which the individual is receiving benefits; and
(2) The individual worked or could have
				worked substantially the same number of hours each pay period at gross wages
				which equal or exceed the average gross wages per pay period in the base
				period.
(3) The employer shall
				provide whatever information is reasonable and necessary for the department to
				determine if each of the above conditions is satisfied.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-25 - Higher tax contributions controlling

Current through June,
				2024
Any report filed by the employer after a department
				  assessment becomes final shall not be used for purposes of reassessing an
				  employer's quarterly tax contributions if it would result in a lower tax
				  contribution; except when it is determined that an employer has no liability
				  for contributions for the quarter in which the department's assessment was
				  made.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-26 - Excusable failure in failing to file

Current through June,
				2024
(a) As used in
				section
				383-66(4),
				Hawaii Revised Statutes, excusable failure connected with the filing of any
				report is a result due to circumstances beyond the employer's
				control.
(b) In determining whether
				an employer's act constituted excusable failure, the department may consider
				any relevant evidence presented which relates to:
(1) The employer's reasons for the failure,
				and efforts taken to avoid the failure;
(2) The employer's compliance history of
				reporting; and
(3) The employer's
				prior penalty waiver requests.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-31 - Registration

Current through June, 2024
(a) An individual shall be deemed to have
				registered for work, as required by section
				383-29(a)(2),
				Hawaii Revised Statutes, if the individual has an active registration for work
				with an employment office in the local community in which the individual is
				seeking work or, if prior to or within seven calendar days after applying for
				benefits or as instructed by the department, the individual registers at an
				employment office or such other place as the department may approve and
				completes registration procedures as authorized by the department.
(b) The registration may be waived for
				individuals who are:
(1) Deemed partially
				unemployed; or
(2) Union members in
				good standing and who are being referred to jobs through their union job
				placement service; provided that the union agrees to report to the department
				all individuals who refuse job referrals or offers of work and all individuals
				not ready, willing, and able to work, and the union is approved by the
				department for the purpose of waiving registration; or
(3) Involved in a labor dispute and for whom
				an employer-employee relationship continues to exist; or
(4) Suspended from work and for whom an
				employer-employee relationship continues to exist, provided that the waiver
				shall apply only to the period of the suspension but not to exceed more than
				four consecutive weeks of unemployment immediately following the week in which
				the individual has been suspended.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-33 - Successive benefit year requirements

Current through June,
				2024
(a) No otherwise
				eligible individual may receive benefits in a succeeding benefit year unless
				the individual performed services in "covered employment" as defined in section
				12-5-1
				for remuneration after the beginning of the prior benefit year. Remuneration
				received after the beginning of the prior benefit year for services performed
				previous to that benefit year shall not be used to meet the successive benefit
				year requirements.
(b) Disability
				benefit payments, vacation pay, separation pay or back pay shall not be used to
				satisfy the successive benefit year requirements where they are not for
				services performed in covered employment.