Connecticut 2019 Regular Session

Connecticut Senate Bill SB00893 Compare Versions

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	7	+	General Assembly Substitute Bill No. 893
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 893
5		-
6		-	Public Act No. 19-3
7	12
8	13
9	14		AN ACT CONCERNING A PILOT PROGRAM FOR HE MP
10	15		PRODUCTION.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. (NEW) (Effective from passage) (a) For the purpose of this
15		-	section and section 2 of this act:
16		-	(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound
17		-	by the same name and with a delta -a tetrahydrocannabinol
18		-	concentration of not more than 0.3 per cent on a dry weight basis
19		-	derived from hemp, as defined in the federal act;
20		-	(2) "Certificate of analysis" means a certificate from a laboratory
21		-	describing the results of the laboratory's testing of a sample;
22		-	(3) "Certified seed" means hemp seed for which a certificate or any
23		-	other instrument has been issued by an agency authorized under the
24		-	laws of a state, territory or possession of the United States to officially
25		-	certify hemp seed and that has standards and procedures approved by
26		-	the United States Secretary of Agriculture to assure the genetic purity
27		-	and identity of the hemp seed certified;
28		-	(4) "Commissioner" means the Commissioner of Agriculture, or the
29		-	commissioner's designated agent; Substitute Senate Bill No. 893
	19	+	Section 1. (NEW) (Effective from passage) Not later than July 1, 2020, 1
	20	+	the Commissioner of Agriculture shall adopt regulations, in 2
	21	+	accordance with the provisions of chapter 54 of the general statutes, to 3
	22	+	establish an agricultural pilot program for the purpose of growing or 4
	23	+	cultivating industrial hemp in accordance with the provisions of 5
	24	+	section 7 USC 5940, as amended from time to time. Such pilot program 6
	25	+	shall be established for the purpose of studying the growth, cultivation 7
	26	+	and marketing of industrial hemp in a manner that ensures that only 8
	27	+	such department grows or cultivates such industrial hemp through the 9
	28	+	use of sites that are certified by, and registered with, the Department of 10
	29	+	Agriculture. In developing the regulations required by this section, the 11
	30	+	commissioner shall review and incorporate the provisions of the 12
	31	+	Kentucky Department of Agriculture Industrial Hemp Research Pilot 13
	32	+	Program 2017 Policy Guide, as the commissioner deems appropriate 14
	33	+	and consistent with the provisions of 7 USC 5940, as amended from 15
	34	+	time to time. For the purposes of this section, "industrial hemp" means 16
	35	+	the plant Cannabis sativa L. and any part of such plant, whether 17
	36	+	growing or not, with a delta-9 tetrahydrocannabinol concentration of 18
	37	+	not more than 0.3 per cent on a dry weight basis. 19 Substitute Bill No. 893
30	38
31		-	Public Act No. 19-3 2 of 20
32	39
33		-	(5) "Consumable" means hemp products intended for human
34		-	ingestion, inhalation, absorption or other internal consumption, that
35		-	contains a THC concentration of not more than 0.3 per cent on a dry
36		-	weight basis;
37		-	(6) "Cultivate" means planting, growing and harvesting a plant or
38		-	crop for commercial or research purposes;
39		-	(7) "Federal act" means the United States Agricultural Marketing Act
40		-	of 1946, 7 USC 1621 et seq., as amended from time to time;
41		-	(8) "Department" means the Department of Agriculture;
42		-	(9) "Grower" means a person in the state licensed by the
43		-	commissioner to cultivate, grow, harvest, handle, store and market
44		-	hemp pursuant to the federal act, the provisions of this section and the
45		-	regulations adopted pursuant to this section;
46		-	(10) "Handle" means possessing or storing hemp for any period of
47		-	time on premises owned, operated or controlled by a person licensed
48		-	to cultivate or process hemp, and includes possessing or transporting
49		-	hemp;
50		-	(11) "Hemp" has the same meaning as provided in the federal act;
51		-	(12) "Hemp products" means products with a delta -a
52		-	tetrahydrocannabinol concentration of not more than 0.3 per cent on a
53		-	dry weight basis derived from, or made by, the processing of hemp
54		-	plants or hemp plant parts;
55		-	(13) "Independent testing laboratory" means a facility:
56		-	(A) For which no person who has any direct or indirect financial or
57		-	managerial interest in the laboratory and also has any direct or indirect
58		-	interest in a facility that: Substitute Senate Bill No. 893
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60		-	Public Act No. 19-3 3 of 20
	44	+	This act shall take effect as follows and shall amend the following
	45	+	sections:
61	46
62		-	(i) Processes, cultivates, distributes, manufactures or sells hemp or
63		-	hemp products, or marijuana in any state or territory of the United
64		-	States; or
65		-	(ii) Cultivates, processes, distributes, dispenses or sells marijuana;
66		-	and
67		-	(B) That is accredited as a laboratory in compliance with section 21a-
68		-	408-59 of the Regulations of Connecticut State Agencies;
69		-	(14) "Laboratory" means a laboratory located in the state that is
70		-	licensed by the Department of Consumer Protection to provide
71		-	analysis of controlled substances pursuant to section 21a-246 of the
72		-	general statutes, The University of Connecticut, the Connecticut
73		-	Agricultural Experiment Station, the Department of Public Health, the
74		-	United States Food and Drug Administration, the United States
75		-	Department of Agriculture or a facility that meets the following
76		-	additional criteria that is accredited as a testing laboratory to
77		-	International Organization for Standardization (ISO) 17025 by a third-
78		-	party accrediting body such as the American Association for
79		-	Laboratory Accreditation or the Assured Calibration and Laboratory
80		-	Accreditation Select Services;
81		-	(15) "Law enforcement agency" means the Connecticut State Police,
82		-	United States Drug Enforcement Administration, Department of
83		-	Consumer Protection Drug Control Division or other federal, state or
84		-	local law enforcement agency or drug suppression unit;
85		-	(16) "Licensee" means a person who possesses a license to cultivate,
86		-	process or manufacture hemp or hemp products in this state;
87		-	(17) "Manufacture" means the conversion of hemp for the purpose
88		-	of creating a consumable;
89		-	(18) "Manufacturer" means a person in the state licensed by the Substitute Senate Bill No. 893
	47	+	Section 1 from passage New section
90	48
91		-	~~Public Act No~~. ~~19-3 4 of 20~~
	49	+	ENV Joint Favorable Subst.
92	50
93		-	Commissioner of Consumer Protection to manufacture, handle, store
94		-	and market hemp pursuant to the federal act, the provisions of section
95		-	2 of this act and any regulation adopted pursuant to section 2 of this
96		-	act;
97		-	(19) "Marijuana" has the same meaning as provided in section 21a-
98		-	240 of the Connecticut general statutes;
99		-	(20) "Market" or "marketing" means promoting, distributing or
100		-	selling a product within the state, in another state or outside of the
101		-	United States and includes efforts to advertise and gather information
102		-	about the needs or preferences of potential consumers or suppliers;
103		-	(21) "On-site manager" means the individual designated by the
104		-	licensee responsible for on-site management and operations of a
105		-	licensed grower or licensed processor;
106		-	(22) "Pesticide" has the same meaning as "pesticide chemical" as
107		-	provided in section 21a-92 of the general statutes;
108		-	(23) "Plot" means a contiguous area in a field, greenhouse or indoor
109		-	growing structure containing the same variety or strain of hemp
110		-	throughout the area;
111		-	(24) "Post-harvest sample" means a representative sample of the
112		-	form of hemp taken from the harvested hemp from a particular plot's
113		-	harvest that is collected in accordance with the procedures established
114		-	by the commissioner;
115		-	(25) "Pre-harvest sample" means a composite, representative portion
116		-	from plants in a hemp plot, that is collected in accordance with the
117		-	procedures established by the commissioner;
118		-	(26) "Process" means using or converting hemp for the purpose of
119		-	creating a form of the commodity, that is not a consumable, for Substitute Senate Bill No. 893
120		-
121		-	Public Act No. 19-3 5 of 20
122		-
123		-	commercial or research purposes;
124		-	(27) "Processor" means a person in the state licensed by the
125		-	commissioner to process, handle, store and market hemp pursuant to
126		-	the federal act, the provisions of this section and any regulation
127		-	adopted pursuant to this section;
128		-	(28) "State plan" means a state plan, as described in the federal act
129		-	and as authorized pursuant to this section;
130		-	(29) "Signing authority" means an officer or agent of the applicant
131		-	with written authorization of such applicant to commit the applicant to
132		-	a binding agreement;
133		-	(30) "THC" means delta-9-tetrahydrocannabinol;
134		-	(31) "Homogenize" means to blend hemp into a mixture that has a
135		-	uniform quality and content throughout such mixture; and
136		-	(32) "Business entity" means any corporation, limited liability
137		-	company, association or partnership.
138		-	(b) The Commissioner of Agriculture shall establish and operate an
139		-	agricultural pilot program, as defined in 7 USC 5940, as amended from
140		-	time to time, for hemp research to enable the department, and its
141		-	licensees, to study methods of cultivating, processing and marketing
142		-	hemp. All grower and processor licensees licensed pursuant to this
143		-	section shall be participants in the state agricultural pilot program for
144		-	hemp research. Until such time as said commissioner a dopts
145		-	regulations, in accordance with the provisions of chapter 54 of the
146		-	general statutes, the Department of Agriculture shall utilize
147		-	procedures and guidance policies that the commissioner deems to be
148		-	consistent with the provisions of 7 USC 5940, as amended from time to
149		-	time, provided such procedures and guidance policies shall, at a
150		-	minimum, require: (1) The commissioner to certify and register any Substitute Senate Bill No. 893
151		-
152		-	Public Act No. 19-3 6 of 20
153		-
154		-	site used to grow hemp, (2) any person who grows hemp to produce
155		-	plants that meet the definition of hemp and verify such, (3) the
156		-	maintenance of records by any person who grows hemp and the
157		-	availability of inspection of such records by the commissioner, and (4)
158		-	verification of compliance with the definition of hemp by a laboratory,
159		-	at the expense of any licensee. The provisions of this section shall take
160		-	precedence over any such procedure or guidance policy. Participants
161		-	in the state agricultural pilot program for hemp research shall be
162		-	licensed in accordance with the provisions of this section. Such pilot
163		-	program shall operate until the earlier of the date of a fully approved
164		-	state plan under the federal act, as described in this section, or the date
165		-	of repeal of the federal law permitting the state's agricultural pilot
166		-	program for hemp research.
167		-	(c) The commissioner shall prepare a state plan in accordance with
168		-	the federal act, for approval by the Governor and Attorney General, in
169		-	consultation with the office of the Chief State's Attorney. The state
170		-	plan, once approved by the Governor and the Attorney General, shall
171		-	be submitted by the commissioner to the United States Secretary of
172		-	Agriculture for his or her approval. The commissioner shall have the
173		-	authority to amend the state plan, in consultation with the Governor
174		-	and the Attorney General in consultation with the office of the Chief
175		-	State's Attorney, as necessary to comply with the federal act.
176		-	(d) The commissioner shall have the authority to enforce the federal
177		-	act, as amended from time to time, the state plan, this section and any
178		-	regulations adopted in accordance with the federal act and chapter 54
179		-	of the general statutes for hemp cultivation in the state. The
180		-	commissioner shall have the authority to enforce the applicable
181		-	processing standard for hemp products that are not consumables. The
182		-	commissioner may consult, collaborate and enter into cooperative
183		-	agreements with any federal or state agency, municipality or political
184		-	subdivision of the state concerning application of the provisions of the Substitute Senate Bill No. 893
185		-
186		-	Public Act No. 19-3 7 of 20
187		-
188		-	federal act and the regulations adopted pursuant to the federal act, as
189		-	may be necessary to carry out the provisions of this section.
190		-	(e) Any person who cultivates or processes hemp shall: (1) Be
191		-	licensed by the commissioner; (2) only acquire certified seeds; and (3)
192		-	transport hemp and hemp samples in a manner and with such
193		-	documentation as required by the commissioner.
194		-	(f) Any person who sells hemp products shall not be required to be
195		-	licensed provided such person only engages in: (1) The retail or
196		-	wholesale sale of hemp or hemp products in which no further
197		-	processing or manufacturing of the hemp products occurs and the
198		-	hemp products are acquired from a person authorized under the laws
199		-	of this state or another state, territory or possession of the United
200		-	States or another sovereign entity; (2) the acquisition of hemp or hemp
201		-	products for the sole purpose of product distribution for resale; or (3)
202		-	the retail sale of hemp products that are otherwise authorized under
203		-	federal or state law.
204		-	(g) Any applicant for a license pursuant to this section shall meet
205		-	each of the following requirements, as applicable:
206		-	(1) Each applicant shall submit an application for a license that
207		-	consists, at a minimum, of the following: (A) The name and address of
208		-	the applicant; (B) the name and address of the plot for the hemp
209		-	cultivation or processing location; (C) the global positioning system
210		-	coordinates and legal description of the plot used for the hemp
211		-	cultivation; (D) the acreage size of the plot where the hemp will be
212		-	cultivated; (E) written consent allowing the commissioner to conduct
213		-	both scheduled and random inspections of and around the premises
214		-	on which the hemp is to be cultivated, harvested, stored and
215		-	processed; and (F) any other information as may be required by the
216		-	commissioner; Substitute Senate Bill No. 893
217		-
218		-	Public Act No. 19-3 8 of 20
219		-
220		-	(2) The applicant, on-site manager and signing authority for a
221		-	grower license shall submit to state and national fingerprint-based
222		-	criminal history records checks conducted in accordance with section
223		-	29-17a of the general statutes, at his or her own expense, and provide
224		-	the results to the commissioner for review;
225		-	(3) No person who has been convicted of any felony, as prescribed
226		-	in the federal act, shall be eligible to obtain a grower license; and
227		-	(4) Each applicant who obtains a grower or processor license shall
228		-	pay for all costs of testing and resampling any hemp samples at a
229		-	laboratory for the purpose of determining the THC concentration level.
230		-	(h) Any grower or processor license issued by the commissioner
231		-	shall expire on the second following December thirty-first and may be
232		-	renewed during the preceding month of October. Such licenses shall
233		-	not be transferable.
234		-	(i) The following fees shall apply for each grower and processor
235		-	license and inspection:
236		-	(1) A nonrefundable license application fee of fifty dollars, provided
237		-	any constituent unit of higher education, state agency or department
238		-	shall be exempt from such application fee if such cultivation or
239		-	processing is for research purposes;
240		-	(2) A nonrefundable biennial grower license fee of fifty dollars per
241		-	acre of planned hemp plantings, provided any constituent unit of
242		-	higher education, state agency or department shall be exempt from
243		-	such license fee if such cultivation is for research purposes;
244		-	(3) A nonrefundable processor licensing fee of two hundred fifty
245		-	dollars for a license to process hemp provided any constituent unit of
246		-	higher education, state agency or department shall be exempt from
247		-	such license fee if such processing is for research purposes; and Substitute Senate Bill No. 893
248		-
249		-	Public Act No. 19-3 9 of 20
250		-
251		-	(4) In the event that resampling by the commissioner is required due
252		-	to a test result that shows a violation of any provision of this section or
253		-	any regulation adopted pursuant to this section, the licensee shall pay
254		-	an inspection fee of fifty dollars. Such fee shall be paid prior to the
255		-	inspection and collection of the sample to be used for resampling.
256		-	(j) After receipt and review of an application for grower or
257		-	processor licensure, the commissioner may grant a biennial license
258		-	upon a finding that the applicant meets the applicable requirements.
259		-	While the pilot program is in effect, the commissioner may grant a
260		-	conditional approval of a grower license, pending receipt of the
261		-	criminal history records check required by this section.
262		-	(k) Whenever an inspection or investigation conducted by the
263		-	commissioner pursuant to title 22 of the general statutes reveals any
264		-	violation of this section or any regulation adopted thereunder, the
265		-	grower, processor, license applicant or respondent, as applicable, shall
266		-	be notified, in writing, of such violation and any corrective action to be
267		-	taken and the time period within which such corrective action shall be
268		-	taken. Any such grower, processor, license applicant or respondent
269		-	may request a hearing, conducted in accordance with chapter 54 of the
270		-	general statutes, on any such notification.
271		-	(l) Nothing in this section shall be construed to limit the
272		-	commissioner's authority to issue a cease and desist order pursuant to
273		-	section 22-4d of the general statutes, or an emergency order, in order to
274		-	respond to a condition that may present a public health hazard, or
275		-	issue orders necessary to effectuate the purposes of this section,
276		-	including, but not limited to, orders for the embargo, destruction and
277		-	release of hemp or hemp products. Any cease and desist order or an
278		-	emergency order shall become effective upon service of such order by
279		-	the commissioner. Following service of any such order, subsequent
280		-	proceedings shall proceed in accordance with the provisions of section
281		-	22-4d of the general statutes and the rules of practice for such agency. Substitute Senate Bill No. 893
282		-
283		-	Public Act No. 19-3 10 of 20
284		-
285		-	(m) Following a hearing conducted in accordance with chapter 54 of
286		-	the general statutes, the commissioner may impose an administrative
287		-	civil penalty, not to exceed two thousand five hundred dollars per
288		-	violation, and suspend, revoke or place conditions upon any grower or
289		-	processor licensee who violates the provisions of this section or any
290		-	regulation adopted pursuant to this section.
291		-	(n) (1) Any individual who cultivates or processes hemp in this state
292		-	without obtaining a license pursuant to this section, or who cultivates
293		-	or processes hemp in this state after having a license suspended or
294		-	revoked may be fined two hundred fifty dollars in accordance with the
295		-	provisions of section 51-164n of the general statutes.
296		-	(2) Any business entity that cultivates or processes hemp in this
297		-	state without obtaining a license pursuant to this section, or cultivates
298		-	or processes hemp in this state after having a license suspended or
299		-	revoked shall be fined not more than two thousand five hundred
300		-	dollars per violation, after a hearing conducted in accordance with
301		-	chapter 54 of the general statutes.
302		-	(o) Any negligent violation, as described in the federal act, of this
303		-	section or the state plan shall be subject to enforcement in accordance
304		-	with the federal act.
305		-	(p) Any person aggrieved by an order issued pursuant to this
306		-	section may appeal to the commissioner in accordance with the
307		-	provisions of chapter 54 of the general statutes. Such appeal shall be
308		-	made in writing to the commissioner and received not later than
309		-	fifteen days after the date of the order. If no appeal is made pursuant
310		-	to this subsection the order shall be final.
311		-	(q) All documents included in an application for a grower or
312		-	processor license submitted under this section shall be subject to
313		-	disclosure in accordance with chapter 14 of the general statutes, except Substitute Senate Bill No. 893
314		-
315		-	Public Act No. 19-3 11 of 20
316		-
317		-	any document describing, depicting or otherwise outlining a licensee's
318		-	security schematics and the results of any criminal history records
319		-	check.
320		-	(r) The commissioner may inspect and shall have access to the
321		-	buildings, equipment, supplies, vehicles, records, real property and
322		-	other information that the commissioner deems necessary to carry out
323		-	the commissioner's duties pursuant to this section from any person
324		-	participating in the planting, cultivating, harvesting, processing,
325		-	marketing or researching of hemp.
326		-	(s) The commissioner shall establish an inspection and testing
327		-	program to determine THC levels and ensure compliance with the
328		-	limits on THC concentration in all hemp grown in the state by a
329		-	grower licensee. The grower shall collect a pre-harvest sample no more
330		-	than fifteen days before the intended harvest date, in accordance with
331		-	the commissioner's pre-harvest hemp sampling protocol adopted in
332		-	accordance with chapter 54 of the general statutes and published on
333		-	the Internet web site of the Department of Agriculture. The grower
334		-	and processor licensees shall be responsible for all costs of disposal of
335		-	hemp samples and any hemp produced by a licensee that violates the
336		-	provisions of this section or any regulation adopted pursuant to this
337		-	section. A hemp sample fails THC testing if the test report indicates
338		-	that the sample contains an average THC concentration greater than
339		-	0.3 per cent on a dry weight basis. The commissioner may order and
340		-	conduct post-harvest sample THC testing of a plot if the results of an
341		-	initial THC test on the pre-harvest sample provided and collected by
342		-	the licensee indicate a THC concentration in the pre-harvest sample in
343		-	excess of such permitted levels, unless the licensee elects to destroy the
344		-	crop prior to post-harvest sample THC testing.
345		-	(t) Nothing in this section shall be construed to apply to any licensee
346		-	of palliative marijuana authorized pursuant to chapter 420f of the
347		-	general statutes. Substitute Senate Bill No. 893
348		-
349		-	Public Act No. 19-3 12 of 20
350		-
351		-	(u) All licensees pursuant to this section shall maintain records
352		-	required by the federal act, this section and any regulation adopted
353		-	pursuant to this section. Each licensee shall make such records
354		-	available to the department immediately upon request of the
355		-	commissioner and in electronic format, if available.
356		-	(v) The commissioner shall adopt regulations, in accordance with
357		-	the provisions of chapter 54 of the general statutes, to implement the
358		-	provisions of this section including, but not limited to, establishing
359		-	sampling and testing procedures to ensure compliance with the federal
360		-	act and to prescribe disposal procedures for plants grown in violation
361		-	of the federal act.
362		-	(w) Notwithstanding any provision of the general statutes: (1)
363		-	Marijuana does not include hemp or hemp products; (2) THC that does
364		-	not exceed 0.3 per cent by dry weight and that is found in hemp shall
365		-	not be considered to be THC that constitutes a controlled substance; (3)
366		-	hemp-derived cannabidiols, including CBD, shall not constitute
367		-	controlled substances or adulterants solely on the basis of containing
368		-	CBD; and (4) hemp products that contain one or more hemp-derived
369		-	cannabidiols, such as CBD, intended for ingestion shall be considered
370		-	foods, not controlled substances or adulterated products solely on the
371		-	basis of the containing hemp-derived cannabidiols.
372		-	(x) Whenever the commissioner believes or has reasonable cause to
373		-	believe that the actions of a licensee or any employee of a grower or
374		-	processor licensee will violate any state law concerning the growing,
375		-	cultivation, handling, transporting or possession of marijuana, the
376		-	commissioner shall notify the Department of Emergency Services and
377		-	Public Protection and the State Police.
378		-	(y) The Commissioner of Agriculture may enter an agreement with
379		-	any state or federally recognized Indian tribe to assist such tribe in the
380		-	development of a pilot program under the federal act or to have Substitute Senate Bill No. 893
381		-
382		-	Public Act No. 19-3 13 of 20
383		-
384		-	applicants from such tribe participate in the pilot program established
385		-	pursuant to subsection (b) of this section.
386		-	Sec. 2. (NEW) (Effective from passage) (a) No person shall
387		-	manufacture in the state without a license to manufacture issued by
388		-	the Commissioner of Consumer Protection.
389		-	(b) Each applicant for a manufacturer license shall submit an
390		-	application on a form and in a manner prescribed by the
391		-	Commissioner of Consumer Protection.
392		-	(c) The following fees shall apply for a license to manufacture:
393		-	(1) A nonrefundable license application fee of fifty dollars; and
394		-	(2) A nonrefundable licensing fee of two hundred fifty dollars for a
395		-	license to manufacture hemp.
396		-	(d) A license to manufacture hemp or hemp products issued by the
397		-	Commissioner of Consumer Protection pursuant to this section shall
398		-	expire biennially on June thirtieth. Such licenses shall not be
399		-	transferable.
400		-	(e) In accordance with a hearing held pursuant to chapter 54 of the
401		-	general statutes, the Commissioner of Consumer Protection may deny,
402		-	suspend or revoke a manufacturer license, issue fines of not more than
403		-	two thousand five hundred dollars per violation and place conditions
404		-	upon a manufacturer licensee who violates the provisions of this
405		-	section and any regulation adopted pursuant to this section.
406		-	(f) (1) Any individual who manufactures in this state without
407		-	obtaining a license pursuant to this section or who manufactures in
408		-	this state after such entity's license is suspended or revoked shall be
409		-	fined two hundred fifty dollars in accordance with the provisions of
410		-	section 51-164n of the general statutes. Substitute Senate Bill No. 893
411		-
412		-	Public Act No. 19-3 14 of 20
413		-
414		-	(2) Any business entity who manufactures in this state without
415		-	obtaining a license pursuant to this section, or who manufactures in
416		-	this state after having a license suspended, shall be fined not more
417		-	than two thousand five hundred dollars per violation after a hearing
418		-	conducted in accordance with the provisions of chapter 54 of the
419		-	general statutes.
420		-	(g) Nothing in this section shall be construed to apply to any
421		-	licensee of palliative marijuana authorized pursuant to chapter 420f of
422		-	the general statutes.
423		-	(h) The Commissioner of Consumer Protection may inspect and
424		-	shall have access to the buildings, equipment, supplies, vehicles,
425		-	records, real property and other information of any manufacturer
426		-	applicant or licensee that the commissioner deems necessary to carry
427		-	out the commissioner's duties pursuant to this section.
428		-	(i) (1) Each manufacturer shall follow the protocol in this subsection
429		-	for disposing of hemp or hemp products in the event that any hemp or
430		-	hemp product is deemed to contain a THC concentration of more than
431		-	0.3 per cent on a dry weight basis, as determined by the Commissioner
432		-	of Consumer Protection, or a manufacturer licensee in possession of
433		-	hemp or hemp products who desires to dispose of obsolete,
434		-	misbranded, excess or otherwise undesired product. Each
435		-	manufacturer licensee shall be responsible for all costs of disposal of
436		-	hemp samples and any hemp produced by such licensee that violates
437		-	the provisions of this section or any regulation adopted pursuant to
438		-	this section. Any hemp or hemp product containing a THC
439		-	concentration of more than 0.3 per cent on a dry weight basis shall be
440		-	immediately embargoed by such manufacturer and clearly labeled as
441		-	adulterated by such licensee and such licensee shall immediately
442		-	notify both the Department of Consumer Protection and the
443		-	Department of Agriculture, in writing, of such adulterated product.
444		-	Such adulterated product shall be destroyed and disposed of by the Substitute Senate Bill No. 893
445		-
446		-	Public Act No. 19-3 15 of 20
447		-
448		-	following method, as determined by the Commissioner of Consumer
449		-	Protection:
450		-	(A) Surrender, without compensation, of such hemp or hemp
451		-	product to the Commissioner of Consumer Protection who shall be
452		-	responsible for the destruction and disposal of such adulterated
453		-	product; or
454		-	(B) By disposal in the presence of an authorized representative of
455		-	the Commissioner of Consumer Protection in such a manner as to
456		-	render the hemp or hemp product nonrecoverable.
457		-	(2) Notwithstanding the provisions of subdivision (1) of this
458		-	subsection, upon written request of a manufacturer, the Commissioner
459		-	of Consumer Protection may permit such manufacturer to combine
460		-	different batches to achieve a THC concentration of 0.3 per cent on a
461		-	dry weight basis, in lieu of embargo or destruction.
462		-	(j) The person disposing of the hemp or hemp products shall
463		-	maintain and make available to the Commissioner of Consumer
464		-	Protection a record of each such disposal or destruction of product
465		-	indicating:
466		-	(1) The date, time and location of disposal or destruction;
467		-	(2) The manner of disposal or destruction;
468		-	(3) The batch or lot information and quantity of hemp or hemp
469		-	product disposed of or destroyed; and
470		-	(4) The signatures of the persons disposing of the hemp or hemp
471		-	products, the authorized representative of the Commissioner of
472		-	Consumer Protection and any other persons present during the
473		-	disposal.
474		-	(k) Any hemp intended to be manufactured as a consumable shall Substitute Senate Bill No. 893
475		-
476		-	Public Act No. 19-3 16 of 20
477		-
478		-	be tested by an independent testing laboratory or any other such
479		-	laboratory that is accredited as a testing laboratory to International
480		-	Organization for Standardization (ISO) 17025 by a third-party
481		-	accrediting body. A manufacturer licensee shall make available
482		-	samples, in an amount and type determined by the Commissioner of
483		-	Consumer Protection, of hemp or hemp product for an independent
484		-	testing laboratory employee to select random samples. The
485		-	independent testing laboratory or other such laboratory shall test each
486		-	sample for microbiological contaminants, mycotoxins, heavy metals
487		-	and pesticide chemical residue, and for purposes of conducting an
488		-	active ingredient analysis, if applicable, as determined by the
489		-	Commissioner of Consumer Protection.
490		-	(l) Once a batch of hemp or hemp product, intended to be sold as a
491		-	consumable, has been homogenized for sample testing and eventual
492		-	packaging and sale, until the independent testing laboratory or other
493		-	such laboratory provides the results from its tests and analysis, the
494		-	manufacturer licensee shall segregate and withhold from use the entire
495		-	batch of hemp that is intended for consumable use, except the samples
496		-	that have been removed by the independent testing laboratory for
497		-	testing. During this period of segregation, the manufacturer licensee
498		-	shall maintain the hemp or hemp product batch in a secure, cool and
499		-	dry location, as prescribed by the Commissioner of Consumer
500		-	Protection, so as to prevent the hemp or hemp product from becoming
501		-	adulterated. Such manufacturer shall not manufacture or sell a
502		-	consumable prior to the time that the independent testing laboratory
503		-	or other such laboratory completes testing and analysis and provides
504		-	such results, in writing, to the manufacturer licensee who initiated
505		-	such testing.
506		-	(m) An independent testing laboratory or other such laboratory
507		-	shall immediately return or dispose of any hemp or hemp product
508		-	upon the completion of any testing, use or research. If an independent Substitute Senate Bill No. 893
509		-
510		-	Public Act No. 19-3 17 of 20
511		-
512		-	testing laboratory or other such laboratory disposes of hemp, the
513		-	laboratory shall dispose of such hemp in the following manner, as
514		-	determined by the Commissioner of Consumer Protection:
515		-	(1) By surrender, without compensation, of such hemp or hemp
516		-	product to the Commissioner of Consumer Protection who shall be
517		-	responsible for the destruction and disposal of such hemp or hemp
518		-	product; or
519		-	(2) By disposal in the presence of an authorized representative of the
520		-	Commissioner of Consumer Protection in such a manner as to render
521		-	the hemp or hemp product nonrecoverable.
522		-	(n) If a sample does not pass the microbiological, mycotoxin, heavy
523		-	metal or pesticide chemical residue test, based on the standards
524		-	prescribed by the Commissioner of Consumer Protection in
525		-	regulations adopted in accordance with chapter 54 of the general
526		-	statutes and published on the Internet web site of the Department of
527		-	Consumer Protection, the manufacturer licensee who sent such batch
528		-	for testing shall dispose of the entire batch from which the sample was
529		-	taken in accordance with procedures established by the Commissioner
530		-	of Consumer Protection by regulations adopted in accordance with
531		-	chapter 54 of the general statutes.
532		-	(o) If a sample passes the microbiological, mycotoxin, heavy metal
533		-	and pesticide chemical residue test, the independent testing laboratory
534		-	or other such laboratory shall release the entire batch for
535		-	manufacturing, processing or sale.
536		-	(p) The independent testing laboratory or other such laboratory
537		-	shall file with the Department of Consumer Protection an electronic
538		-	copy of each laboratory test result for any batch that does not pass the
539		-	microbiological, mycotoxin, heavy metal or pesticide chemical residue
540		-	test, at the same time that it transmits such results to the manufacturer Substitute Senate Bill No. 893
541		-
542		-	Public Act No. 19-3 18 of 20
543		-
544		-	licensee who requested such testing. Each independent testing
545		-	laboratory or other such laboratory shall maintain the test results of
546		-	each tested batch for a period of three years and shall make such
547		-	results available to the Department of Consumer Protection upon
548		-	request.
549		-	(q) Manufacturer licensees shall maintain records required by the
550		-	federal act, this section and any regulation adopted pursuant to this
551		-	section. Each manufacturer licensee shall make such records available
552		-	to the Department of Consumer Protection immediately upon request
553		-	and in electronic format, if available.
554		-	(r) The Commissioner of Consumer Protection may adopt
555		-	regulations, in accordance with the provisions of chapter 54 of the
556		-	general statutes, to implement the provisions of this section including,
557		-	but not limited to, establishing sampling and testing procedures to
558		-	ensure compliance with the federal act, to prescribe disposal
559		-	procedures for plants grown in violation of the federal act and to
560		-	establish advertising and labeling requirements for consumables.
561		-	(s) Any claim of health impacts, medical effects or physical or
562		-	mental benefits shall be prohibited on any advertising for, labeling of
563		-	or marketing of consumables. Any violation of this subsection shall be
564		-	deemed an unfair or deceptive trade practice under chapter 735a of the
565		-	general statutes.
566		-	(t) Not later than February 1, 2020, the Commissioners of
567		-	Agriculture and Consumer Protection shall submit a report, in
568		-	accordance with section 11-4a of the general statutes, to the joint
569		-	standing committee of the general assembly having cognizance of
570		-	matters relating to the environment on the status of the pilot program,
571		-	the development of the state plan and any regulations for such pilot
572		-	program or state plan. Additionally such report shall include any
573		-	legislative recommendations, including, but not limited to, any Substitute Senate Bill No. 893
574		-
575		-	Public Act No. 19-3 19 of 20
576		-
577		-	recommendations for requiring the registration of any consumable
578		-	offered for sale in this state.
579		-	Sec. 3. Subdivision (7) of section 21a-240 of the general statutes is
580		-	repealed and the following is substituted in lieu thereof (Effective from
581		-	passage):
582		-	(7) "Cannabis-type substances" include all parts of any plant, or
583		-	species of the genus cannabis or any infra specific taxon thereof
584		-	whether growing or not; the seeds thereof; the resin extracted from any
585		-	part of such a plant; and every compound, manufacture, salt,
586		-	derivative, mixture or preparation of such plant, its seeds or resin; but
587		-	shall not include the mature stalks of such plant, fiber produced from
588		-	such stalks, oil or cake made from the seeds of such plant, any other
589		-	compound, manufacture, salt, derivative, mixture or preparation of
590		-	such mature stalks, except the resin extracted therefrom, fiber, oil or
591		-	cake, the sterilized seed of such plant which is incapable of
592		-	germination, or [industrial] hemp, as defined in 7 USC [5940] 1639o, as
593		-	amended from time to time. Included are cannabinon, cannabinol,
594		-	cannabidiol and chemical compounds which are similar to
595		-	cannabinon, cannabinol or cannabidiol in chemical structure or which
596		-	are similar thereto in physiological effect, and which show a like
597		-	potential for abuse, which are controlled substances under this chapter
598		-	unless modified;
599		-	Sec. 4. Subdivision (29) of section 21a-240 of the general statutes is
600		-	repealed and the following is substituted in lieu thereof (Effective from
601		-	passage):
602		-	(29) "Marijuana" means all parts of any plant, or species of the genus
603		-	cannabis or any infra specific taxon thereof, whether growing or not;
604		-	the seeds thereof; the resin extracted from any part of the plant; and
605		-	every compound, manufacture, salt, derivative, mixture, or
606		-	preparation of such plant, its seeds or resin. Marijuana does not Substitute Senate Bill No. 893
607		-
608		-	Public Act No. 19-3 20 of 20
609		-
610		-	include the mature stalks of such plant, fiber produced from such
611		-	stalks, oil or cake made from the seeds of such plant, any other
612		-	compound, manufacture, salt, derivative, mixture or preparation of
613		-	such mature stalks, except the resin extracted therefrom, fiber, oil, or
614		-	cake, the sterilized seed of such plant which is incapable of
615		-	germination, or [industrial] hemp, as defined in 7 USC [5940] 1639o, as
616		-	amended from time to time. Included are cannabinon, cannabinol or
617		-	cannabidiol and chemical compounds which are similar to
618		-	cannabinon, cannabinol or cannabidiol in chemical structure or which
619		-	are similar thereto in physiological effect, and which show a like
620		-	potential for abuse, which are controlled substances under this chapter
621		-	unless modified;
622		-	Approved: May 9, 2019