FL
Florida House Bill H1475

Florida 2023 Regular Session

Florida House Bill H1475 Compare Versions

OldNewDifferences
11
22
3-CS/CS/HB 1475 2023
3+CS/HB 1475 2023
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1475-02-c2
8+hb1475-01-c1
99 Page 1 of 8
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to hemp; amending s. 500.03, F.S.; 2
1616 revising the definition of the term "food"; providing 3
1717 that hemp extract is considered a food subject to 4
1818 certain requirements; amending s. 581.217, F.S.; 5
1919 revising legislative findings for the state hemp 6
2020 program; revising and defining terms; revising the 7
2121 requirements that hemp extract must meet before being 8
2222 distributed and sold in this state; providing that 9
2323 hemp extract may only be sold to businesses in this 10
2424 state which meet certain permitting requirements; 11
2525 providing that hemp extract distributed or sold in 12
2626 this state must meet certain requirements; prohibiting 13
2727 products intended for human ingestion which contai n 14
2828 hemp extract from being sold to persons under a 15
29-specified age; providing that certain hemp extract 16
30-products are subject to immediate stop -sale; requiring 17
31-the Department of Agriculture and Consumer Services to 18
32-adopt specified rules; removing obsolete provisions; 19
29+specified age and from exceeding specified 16
30+tetrahydrocannabinol limits; requiring the Department 17
31+of Agriculture and Consumer Services to adopt 18
32+specified rules; removing obsolete provisions; 19
3333 reenacting s. 893.02(3), F.S., relating to the 20
3434 definition of the term "cannabis," to incorporate the 21
3535 amendment made to s. 581.217, F.S., in a reference 22
3636 thereto; providing an effective date. 23
3737 24
3838 Be It Enacted by the Legislature of the State of Florida: 25
3939
40-CS/CS/HB 1475 2023
40+CS/HB 1475 2023
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1475-02-c2
45+hb1475-01-c1
4646 Page 2 of 8
4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
5151 26
5252 Section 1. Paragraph (n) of subsection (1) of section 27
5353 500.03, Florida Statutes, is amended, and subsection (4) is 28
5454 added to that section, to read: 29
5555 500.03 Definitions; construction; applicability. — 30
5656 (1) For the purpose of this chapter, the term: 31
5757 (n) "Food" includes: 32
5858 1. Articles used for food or drink for human consumption; 33
5959 2. Chewing gum; 34
6060 3. Articles used for components of any such article; 35
6161 4. Articles for which health claims are made, which claims 36
6262 are approved by the Secretary of the United States Department of 37
6363 Health and Human Services and which claims are made in 38
6464 accordance with s. 343(r) of the federal act, and which are not 39
6565 considered drugs solely because their labels or labeling contain 40
6666 health claims; and 41
6767 5. Dietary supplements as defined in 21 U.S.C. s . 42
6868 321(ff)(1) and (2); and 43
6969 6. Hemp extract as defined in s. 581.217 . 44
7070 45
7171 The term includes any raw, cooked, or processed edible 46
7272 substance; ice; any beverage; or any ingredient used, intended 47
7373 for use, or sold for human consumption. 48
7474 (4) For the purposes of t his chapter, hemp extract is 49
7575 considered a food that requires time and temperature control for 50
7676
77-CS/CS/HB 1475 2023
77+CS/HB 1475 2023
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1475-02-c2
82+hb1475-01-c1
8383 Page 3 of 8
8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8585
8686
8787
8888 safety and integrity of product. 51
89- Section 2. Paragraph (b) of subsection (2) and subsections 52
90-(3), (7), and (12) of section 581.217, F lorida Statutes, are 53
91-amended to read: 54
92- 581.217 State hemp program. — 55
93- (2) LEGISLATIVE FINDINGS. —The Legislature finds that: 56
94- (b) Hemp-derived cannabinoids, including, but not limited 57
95-to, cannabidiol, are not controlled substances or adulterants if 58
96-they are in compliance with this section . 59
97- (3) DEFINITIONS.—As used in this section, the term: 60
98- (a) "Attractive to children" means manufactured in the 61
99-shape of humans, cartoons, or animals; manufactured in a form 62
100-that bears any reasonable resemblance to an exi sting candy 63
101-product that is familiar to the public as a widely distributed, 64
102-branded food product such that a product could be mistaken for 65
103-the branded product, especially by children; or containing any 66
104-color additives. 67
105- (b)(a) "Certifying agency" has the same meaning as in s. 68
106-578.011(8). 69
107- (c)(b) "Contaminants unsafe for human consumption" 70
108-includes, but is not limited to, any microbe, fungus, yeast, 71
109-mildew, herbicide, pesticide, fungicide, residual solvent, 72
110-metal, or other contaminant found in any amount t hat exceeds any 73
111-of the accepted limitations as determined by rules adopted by 74
112-the Department of Health in accordance with s. 381.986, or other 75
89+ Section 2. Paragraph (b) of subsection (2), paragraphs (d) 52
90+and (e) of subsection (3), and subsections (7) and (12) of 53
91+section 581.217, Florida Statutes, are amended, and paragraphs 54
92+(g) and (h) are added to subsection (3) of that section, to 55
93+read: 56
94+ 581.217 State hemp program. — 57
95+ (2) LEGISLATIVE FINDINGS. —The Legislature finds that: 58
96+ (b) Hemp-derived cannabinoids, including, but not limited 59
97+to, cannabidiol, are not controlled substances or adulterants if 60
98+they are in compliance with this section . 61
99+ (3) DEFINITIONS.—As used in this section, the term: 62
100+ (d) "Hemp" means the plant Cannabis sativa L. and any part 63
101+of that plant, includ ing the seeds thereof, and all derivatives, 64
102+extracts, cannabinoids, isomers, acids, salts, and salts of 65
103+isomers thereof, whether growing or not, that has a total delta -66
104+9-tetrahydrocannabinol concentration that does not exceed 0.3 67
105+percent on a dry-weight basis, with the exception of hemp 68
106+extract, which may not exceed 0.3 percent total delta -9-69
107+tetrahydrocannabinol on a wet -weight basis. The term does not 70
108+include synthetically derived cannabinoids . 71
109+ (e) "Hemp extract" means a substance or compound intended 72
110+for ingestion, containing more than trace amounts of a 73
111+cannabinoid, or for inhalation which is derived from or contains 74
112+hemp and which does not contain other controlled substances. The 75
113113
114-CS/CS/HB 1475 2023
114+CS/HB 1475 2023
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1475-02-c2
119+hb1475-01-c1
120120 Page 4 of 8
121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122122
123123
124124
125-limitation pursuant to the laws of this state, whichever amount 76
126-is less. 77
127- (d)(c) "Cultivate" means planting, wat ering, growing, or 78
128-harvesting hemp. 79
129- (e)(d) "Hemp" means the plant Cannabis sativa L. and any 80
130-part of that plant, including the seeds thereof, and all 81
131-derivatives, extracts, cannabinoids, isomers, acids, salts, and 82
132-salts of isomers thereof, whether growin g or not, that has a 83
133-total delta-9-tetrahydrocannabinol concentration that does not 84
134-exceed 0.3 percent on a dry -weight basis, with the exception of 85
135-hemp extract, which may not exceed 0.3 percent total delta -9-86
136-tetrahydrocannabinol on a wet -weight basis. 87
137- (f)(e) "Hemp extract" means a substance or compound 88
138-intended for ingestion, containing more than trace amounts of a 89
139-cannabinoid, or for inhalation which is derived from or contains 90
140-hemp and which does not contain other controlled substances. The 91
141-term does not include synthetic cannabidiol CBD or seeds or 92
142-seed-derived ingredients that are generally recognized as safe 93
143-by the United States Food and Drug Administration. 94
144- (g)(f) "Independent testing laboratory" means a laboratory 95
145-that: 96
146- 1. Does not have a direc t or indirect interest in the 97
147-entity whose product is being tested; 98
148- 2. Does not have a direct or indirect interest in a 99
149-facility that cultivates, processes, distributes, dispenses, or 100
125+term includes snuff, chewing gum, and smokeless products derived 76
126+from or containing hemp, but does not include cannabinoids that 77
127+are synthetically derived synthetic CBD or seeds or seed-derived 78
128+ingredients that are generally recognized as safe by the United 79
129+States Food and Drug Administration. 80
130+ (g) "Synthetically derived canna binoid" means any 81
131+cannabinoid created by any process other than direct extraction 82
132+from hemp and without further reacting with other chemicals to 83
133+increase the concentration of a present cannabinoid or to create 84
134+a new or different cannabinoid not originally found in the 85
135+extract. 86
136+ (h) "Total tetrahydrocannabinol" means the sum of all 87
137+cannabinoids as defined by the department in milligrams. 88
138+ (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. — 89
139+ (a) Hemp extract may only be distributed and sold in the 90
140+state if the product: 91
141+ 1. Has a certificate of analysis prepared by an 92
142+independent testing laboratory that states: 93
143+ a. The hemp extract is the product of a batch tested by 94
144+the independent testing laboratory; 95
145+ b. The batch contained a total delta -9-96
146+tetrahydrocannabinol concentration that did not exceed 0.3 97
147+percent pursuant to the testing of a random sample of the batch; 98
148+and 99
149+ c. The batch does not contain contaminants unsafe for 100
150150
151-CS/CS/HB 1475 2023
151+CS/HB 1475 2023
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1475-02-c2
156+hb1475-01-c1
157157 Page 5 of 8
158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159159
160160
161161
162-sells hemp or hemp extract in the state or in another 101
163-jurisdiction or cultivates, processes, distributes, dispenses, 102
164-or sells marijuana, as defined in s. 381.986; and 103
165- 3. Is accredited by a third -party accrediting body as a 104
166-competent testing laboratory pursuant to ISO/IEC 17025 of the 105
167-International Organization for Standard ization. 106
168- (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. — 107
169- (a) Hemp extract may only be distributed and sold in the 108
170-state if the product: 109
171- 1. Has a certificate of analysis prepared by an 110
172-independent testing laboratory that states: 111
173- a. The hemp extract is the product of a batch tested by 112
174-the independent testing laboratory; 113
175- b. The batch contained a total delta -9-114
176-tetrahydrocannabinol concentration that did not exceed 0.3 115
177-percent pursuant to the testing of a random sample of the batch; 116
178-and 117
179- c. The batch does not contain contaminants unsafe for 118
180-human consumption; and 119
181- d. The batch was processed in a facility that holds a 120
182-current and valid permit issued by a human health or food safety 121
183-regulatory entity with authority over the facility, and that 122
184-facility meets the human health or food safety sanitization 123
185-requirements of the regulatory entity. Such compliance must be 124
186-documented by a report from the regulatory entity confirming 125
162+human consumption; and 101
163+ d. The batch was processed in a facility that holds a 102
164+current and valid permit issued by a human health or food safety 103
165+regulatory entity with authority over the facility, and that 104
166+facility meets the human health or food safety sanitization 105
167+requirements of the regulatory entity. Such compliance must be 106
168+documented by a report from the regulatory entity confirming 107
169+that the facility meets such requirements . 108
170+ 2. Is distributed or sold in a container that includes: 109
171+ a. A scannable barcode or quick response code linked to 110
172+the certificate of analysis of the hemp extract ba tch by an 111
173+independent testing laboratory; 112
174+ b. The batch number; 113
175+ c. The Internet address of a website where batch 114
176+information may be obtained; 115
177+ d. The expiration date; and 116
178+ e. The number of milligrams of each marketed cannabinoid 117
179+per serving. 118
180+ 3. Is distributed or sold in a container that: 119
181+ a. Is suitable to contain products for human consumption; 120
182+ b. Is composed of materials designed to minimize exposure 121
183+to light; 122
184+ c. Mitigates exposure to high temperatures; 123
185+ d. Is not attractive to children; and 124
186+ e. Is compliant with the United States Poison Prevention 125
187187
188-CS/CS/HB 1475 2023
188+CS/HB 1475 2023
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1475-02-c2
193+hb1475-01-c1
194194 Page 6 of 8
195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196196
197197
198198
199-that the facility meets such requirements . 126
200- 2. Is distributed or sold in a con tainer that includes: 127
201- a. A scannable barcode or quick response code linked to 128
202-the certificate of analysis of the hemp extract batch by an 129
203-independent testing laboratory; 130
204- b. The batch number; 131
205- c. The Internet address of a website where batch 132
206-information may be obtained; 133
207- d. The expiration date; and 134
208- e. The number of milligrams of each marketed cannabinoid 135
209-per serving. 136
210- 3. Is distributed or sold in a container that: 137
211- a. Is suitable to contain products for human consumption; 138
212- b. Is composed of materials designed to minimize exposure 139
213-to light; 140
214- c. Mitigates exposure to high temperatures; 141
215- d. Is not attractive to children; and 142
216- e. Is compliant with the United States Poison Prevention 143
217-Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq, without reg ard 144
218-to provided exemptions. 145
219- (b) Hemp extract may only be sold to a business in this 146
220-state if that business is properly permitted as required by this 147
221-section. 148
222- (c) Hemp extract distributed or sold in this state is 149
223-subject to the applicable requirements o f violation of this 150
199+Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq, without regard 126
200+to provided exemptions. 127
201+ (b) Hemp extract may only be sold to a business in this 128
202+state if that business is properly permitted as re quired by this 129
203+section. 130
204+ (c) Hemp extract distributed or sold in this state is 131
205+subject to the applicable requirements of violation of this 132
206+section shall be considered adulterated or misbranded pursuant 133
207+to chapter 500, chapter 502, or chapter 580. 134
208+ (d)(c) Products that are intended for human ingestion or 135
209+inhalation and contain hemp extract may not : 136
210+ 1. Be sold in this state to a person who is under 21 years 137
211+of age; or 138
212+ 2. Exceed 5 milligrams total tetrahydrocannabinol per 139
213+serving or 50 milligrams total tetrahydrocannabinol per package . 140
214+ (12) RULES.— 141
215+ (a) By August 1, 2019, The department shall adopt rules, 142
216+in consultation with the Department of Health and the Department 143
217+of Business and Professional Regulation, shall initiate 144
218+rulemaking to administer the state hemp program. The rules must 145
219+provide for: 146
220+ 1.(a) A procedure that uses post -decarboxylation or other 147
221+similarly reliable methods for testing the delta -9-148
222+tetrahydrocannabinol concentration of cultivated hemp. 149
223+ 2.(b) A procedure for the effective disposal of plants, 150
224224
225-CS/CS/HB 1475 2023
225+CS/HB 1475 2023
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1475-02-c2
230+hb1475-01-c1
231231 Page 7 of 8
232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233233
234234
235235
236-section shall be considered adulterated or misbranded pursuant 151
237-to chapter 500, chapter 502, or chapter 580. 152
238- (d)(c) Products that are intended for human ingestion or 153
239-inhalation and contain hemp extract , including, but not limited 154
240-to, snuff, chewing gum, and other smokeless products, may not be 155
241-sold in this state to a person who is under 21 years of age. 156
242- (e) Hemp extract distributed or sold in violation of this 157
243-section is subject to s. 500.172. Hemp extract products found to 158
244-be mislabeled or attractive to children are subject to immediate 159
245-stop-sale. 160
246- (12) RULES.—By August 1, 2019, The department shall adopt 161
247-rules, in consultation with the Department of Health and the 162
248-Department of Business and Professional Regulation, shall 163
249-initiate rulemaking to administer the state hemp program. The 164
250-rules must provide for: 165
251- (a) A procedure that uses post -decarboxylation or other 166
252-similarly reliable methods for testing the delta -9-167
253-tetrahydrocannabinol concentration of cultivated hemp. 168
254- (b) A procedure for the effective disposal of plants, 169
255-whether growing or not, that are cultivated in violation of this 170
256-section or department rules, and products derived from those 171
257-plants. 172
258- (c) Packaging and labeling requirements that ensure that 173
259-hemp extract intended f or human ingestion or inhalation is not 174
260-attractive to children. 175
236+whether growing or not, that are cultivated in violation of this 151
237+section or department rules, and products derived from those 152
238+plants. 153
239+ 3. Packaging and labeling requirements that ensure that 154
240+hemp extract intended for hum an ingestion or inhalation is not 155
241+attractive to children. 156
242+ 4. Advertising regulations that ensure that hemp extract 157
243+intended for human ingestion or inhalation is not marketed or 158
244+advertised in a manner that specifically targets or is 159
245+attractive to children . 160
246+ (b) The department shall adopt rules pursuant to ss. 161
247+120.54 and 120.56 establishing the cannabinoids to include in 162
248+calculating total cannabinoids, which must include, at a 163
249+minimum, delta-8 tetrahydrocannabinol, delta -9 164
250+tetrahydrocannabinol, delta -9 tetrahydrocannalibonic acid, 165
251+delta-10 tetrahydrocannabinol, delta -9,11 tetrahydrocannabinol, 166
252+exo-tetrahydrocannabinol, and hexahydrocannabinol. 167
253+ Section 3. For the purpose of incorporating the amendment 168
254+made by this act to section 581.217, Florida Statutes , in a 169
255+reference thereto, subsection (3) of section 893.02, Florida 170
256+Statutes, is reenacted to read: 171
257+ 893.02 Definitions. —The following words and phrases as 172
258+used in this chapter shall have the following meanings, unless 173
259+the context otherwise requires: 174
260+ (3) "Cannabis" means all parts of any plant of the genus 175
261261
262-CS/CS/HB 1475 2023
262+CS/HB 1475 2023
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb1475-02-c2
267+hb1475-01-c1
268268 Page 8 of 8
269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270270
271271
272272
273- (d) Advertising regulations that ensure that hemp extract 176
274-intended for human ingestion or inhalation is not marketed or 177
275-advertised in a manner that specifically targets or is 178
276-attractive to children. 179
277- Section 3. For the purpose of incorporating the amendment 180
278-made by this act to section 581.217, Florida Statutes, in a 181
279-reference thereto, subsection (3) of section 893.02, Florida 182
280-Statutes, is reenacted to read: 183
281- 893.02 Definitions. —The following words and phrases as 184
282-used in this chapter shall have the following meanings, unless 185
283-the context otherwise requires: 186
284- (3) "Cannabis" means all parts of any plant of the genus 187
285-Cannabis, whether growing or not; the seeds thereof; the resin 188
286-extracted from any part of the plant; and every compound, 189
287-manufacture, salt, derivative, mixture, or preparation of the 190
288-plant or its seeds or resin. The term does not include 191
289-"marijuana," as defined in s. 381.986, if manufactured, 192
290-possessed, sold, purchased, delivered, distributed, or 193
291-dispensed, in conformance with s. 381.986. The term does not 194
292-include hemp as defined in s. 581.217 or industrial hemp as 195
293-defined in s. 1004.4473. 196
294- Section 4. This act shall take effect July 1, 2023. 197
273+Cannabis, whether growing or not; the seeds thereof; the resin 176
274+extracted from any part of the plant; and every compound, 177
275+manufacture, salt, derivative, mixture, or preparation of the 178
276+plant or its seeds or resin. The term does not include 179
277+"marijuana," as defined in s. 381.986, if manufactured, 180
278+possessed, sold, purchased, delivered, distributed, or 181
279+dispensed, in conformance with s. 381.986. The term does not 182
280+include hemp as defined in s. 581.217 or indust rial hemp as 183
281+defined in s. 1004.4473. 184
282+ Section 4. This act shall take effect July 1, 2023. 185