CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 1 of 8
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
A bill to be entitled 1
An act relating to hemp; amending s. 500.03, F.S.; 2
revising the definition of the term "food"; providing 3
that hemp extract is considered a food subject to 4
certain requirements; amending s. 581.217, F.S.; 5
revising legislative findings for the state hemp 6
program; revising and defining terms; revising the 7
requirements that hemp extract must meet before being 8
distributed and sold in this state; providing that 9
hemp extract may only be sold to businesses in this 10
state which meet certain permitting requirements; 11
providing that hemp extract distributed or sold in 12
this state must meet certain requirements; prohibiting 13
products intended for human ingestion which contain 14
hemp extract from being sold to persons under a 15
specified age; providing that certain hemp extract 16
products are subject to immediate stop -sale; requiring 17
the Department of Agriculture and Consumer Services to 18
adopt specified rules; removing obsolete provisions; 19
reenacting s. 893.02(3), F.S., relating to the 20
definition of the term "cannabis," to incorpor ate the 21
amendment made to s. 581.217, F.S., in a reference 22
thereto; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 2 of 8
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
26
Section 1. Paragraph (n) of subsection (1) of section 27
500.03, Florida Statutes, is amended, and subsection (4) is 28
added to that section, to read: 29
500.03 Definitions; construction; applicability. — 30
(1) For the purpose of this chapter, the term: 31
(n) "Food" includes: 32
1. Articles used for food or drink for human consumption; 33
2. Chewing gum; 34
3. Articles used for components of any such article; 35
4. Articles for which health claims are made, which claims 36
are approved by the Secretary of the United States Department of 37
Health and Human Services and which claims are made in 38
accordance with s. 343(r) of the federal act, and which are not 39
considered drugs solely because their labels or labeling contain 40
health claims; and 41
5. Dietary supplements as defined in 21 U.S.C. s. 42
321(ff)(1) and (2); and 43
6. Hemp extract as defined in s. 581.217 . 44
45
The term includes any raw, cooked, or processed edible 46
substance; ice; any beverage; or any ingredient used, intended 47
for use, or sold for human consumption. 48
(4) For the purposes of this chapter, hemp extract is 49
considered a food that requires time and temperature control for 50
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 3 of 8
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
safety and integrity of product. 51
Section 2. Paragraph (b) of subsection (2) and subsections 52
(3), (7), and (12) of section 581.217, F lorida Statutes, are 53
amended to read: 54
581.217 State hemp program. — 55
(2) LEGISLATIVE FINDINGS. —The Legislature finds that: 56
(b) Hemp-derived cannabinoids, including, but not limited 57
to, cannabidiol, are not controlled substances or adulterants if 58
they are in compliance with this section . 59
(3) DEFINITIONS.—As used in this section, the term: 60
(a) "Attractive to children" means manufactured in the 61
shape of humans, cartoons, or animals; manufactured in a form 62
that bears any reasonable resemblance to an exi sting candy 63
product that is familiar to the public as a widely distributed, 64
branded food product such that a product could be mistaken for 65
the branded product, especially by children; or containing any 66
color additives. 67
(b)(a) "Certifying agency" has the same meaning as in s. 68
578.011(8). 69
(c)(b) "Contaminants unsafe for human consumption" 70
includes, but is not limited to, any microbe, fungus, yeast, 71
mildew, herbicide, pesticide, fungicide, residual solvent, 72
metal, or other contaminant found in any amount t hat exceeds any 73
of the accepted limitations as determined by rules adopted by 74
the Department of Health in accordance with s. 381.986, or other 75
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 4 of 8
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
limitation pursuant to the laws of this state, whichever amount 76
is less. 77
(d)(c) "Cultivate" means planting, wat ering, growing, or 78
harvesting hemp. 79
(e)(d) "Hemp" means the plant Cannabis sativa L. and any 80
part of that plant, including the seeds thereof, and all 81
derivatives, extracts, cannabinoids, isomers, acids, salts, and 82
salts of isomers thereof, whether growin g or not, that has a 83
total delta-9-tetrahydrocannabinol concentration that does not 84
exceed 0.3 percent on a dry -weight basis, with the exception of 85
hemp extract, which may not exceed 0.3 percent total delta -9-86
tetrahydrocannabinol on a wet -weight basis. 87
(f)(e) "Hemp extract" means a substance or compound 88
intended for ingestion, containing more than trace amounts of a 89
cannabinoid, or for inhalation which is derived from or contains 90
hemp and which does not contain other controlled substances. The 91
term does not include synthetic cannabidiol CBD or seeds or 92
seed-derived ingredients that are generally recognized as safe 93
by the United States Food and Drug Administration. 94
(g)(f) "Independent testing laboratory" means a laboratory 95
that: 96
1. Does not have a direc t or indirect interest in the 97
entity whose product is being tested; 98
2. Does not have a direct or indirect interest in a 99
facility that cultivates, processes, distributes, dispenses, or 100
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 5 of 8
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
sells hemp or hemp extract in the state or in another 101
jurisdiction or cultivates, processes, distributes, dispenses, 102
or sells marijuana, as defined in s. 381.986; and 103
3. Is accredited by a third -party accrediting body as a 104
competent testing laboratory pursuant to ISO/IEC 17025 of the 105
International Organization for Standard ization. 106
(7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. — 107
(a) Hemp extract may only be distributed and sold in the 108
state if the product: 109
1. Has a certificate of analysis prepared by an 110
independent testing laboratory that states: 111
a. The hemp extract is the product of a batch tested by 112
the independent testing laboratory; 113
b. The batch contained a total delta -9-114
tetrahydrocannabinol concentration that did not exceed 0.3 115
percent pursuant to the testing of a random sample of the batch; 116
and 117
c. The batch does not contain contaminants unsafe for 118
human consumption; and 119
d. The batch was processed in a facility that holds a 120
current and valid permit issued by a human health or food safety 121
regulatory entity with authority over the facility, and that 122
facility meets the human health or food safety sanitization 123
requirements of the regulatory entity. Such compliance must be 124
documented by a report from the regulatory entity confirming 125
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 6 of 8
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
that the facility meets such requirements . 126
2. Is distributed or sold in a con tainer that includes: 127
a. A scannable barcode or quick response code linked to 128
the certificate of analysis of the hemp extract batch by an 129
independent testing laboratory; 130
b. The batch number; 131
c. The Internet address of a website where batch 132
information may be obtained; 133
d. The expiration date; and 134
e. The number of milligrams of each marketed cannabinoid 135
per serving. 136
3. Is distributed or sold in a container that: 137
a. Is suitable to contain products for human consumption; 138
b. Is composed of materials designed to minimize exposure 139
to light; 140
c. Mitigates exposure to high temperatures; 141
d. Is not attractive to children; and 142
e. Is compliant with the United States Poison Prevention 143
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq, without reg ard 144
to provided exemptions. 145
(b) Hemp extract may only be sold to a business in this 146
state if that business is properly permitted as required by this 147
section. 148
(c) Hemp extract distributed or sold in this state is 149
subject to the applicable requirements o f violation of this 150
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 7 of 8
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
section shall be considered adulterated or misbranded pursuant 151
to chapter 500, chapter 502, or chapter 580. 152
(d)(c) Products that are intended for human ingestion or 153
inhalation and contain hemp extract , including, but not limited 154
to, snuff, chewing gum, and other smokeless products, may not be 155
sold in this state to a person who is under 21 years of age. 156
(e) Hemp extract distributed or sold in violation of this 157
section is subject to s. 500.172. Hemp extract products found to 158
be mislabeled or attractive to children are subject to immediate 159
stop-sale. 160
(12) RULES.—By August 1, 2019, The department shall adopt 161
rules, in consultation with the Department of Health and the 162
Department of Business and Professional Regulation, shall 163
initiate rulemaking to administer the state hemp program. The 164
rules must provide for: 165
(a) A procedure that uses post -decarboxylation or other 166
similarly reliable methods for testing the delta -9-167
tetrahydrocannabinol concentration of cultivated hemp. 168
(b) A procedure for the effective disposal of plants, 169
whether growing or not, that are cultivated in violation of this 170
section or department rules, and products derived from those 171
plants. 172
(c) Packaging and labeling requirements that ensure that 173
hemp extract intended f or human ingestion or inhalation is not 174
attractive to children. 175
CS/CS/HB 1475 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1475-02-c2
Page 8 of 8
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
(d) Advertising regulations that ensure that hemp extract 176
intended for human ingestion or inhalation is not marketed or 177
advertised in a manner that specifically targets or is 178
attractive to children. 179
Section 3. For the purpose of incorporating the amendment 180
made by this act to section 581.217, Florida Statutes, in a 181
reference thereto, subsection (3) of section 893.02, Florida 182
Statutes, is reenacted to read: 183
893.02 Definitions. —The following words and phrases as 184
used in this chapter shall have the following meanings, unless 185
the context otherwise requires: 186
(3) "Cannabis" means all parts of any plant of the genus 187
Cannabis, whether growing or not; the seeds thereof; the resin 188
extracted from any part of the plant; and every compound, 189
manufacture, salt, derivative, mixture, or preparation of the 190
plant or its seeds or resin. The term does not include 191
"marijuana," as defined in s. 381.986, if manufactured, 192
possessed, sold, purchased, delivered, distributed, or 193
dispensed, in conformance with s. 381.986. The term does not 194
include hemp as defined in s. 581.217 or industrial hemp as 195
defined in s. 1004.4473. 196
Section 4. This act shall take effect July 1, 2023. 197