Florida Senate - 2023 SB 1676 By Senator Burton 12-01289C-23 20231676__ 1 A bill to be entitled 2 An act relating to hemp; amending s. 500.03, F.S.; 3 revising the definition of the term food; providing 4 that hemp extract is considered a food subject to 5 certain requirements; amending s. 581.217, F.S.; 6 revising legislative findings for the state hemp 7 program; revising and defining terms; revising the 8 requirements that hemp extract must meet before being 9 distributed and sold in this state; providing that 10 hemp extract may only be sold to businesses in this 11 state which meet certain permitting requirements; 12 providing that hemp extract distributed or sold in 13 this state must meet certain requirements; prohibiting 14 products intended for human ingestion which contain 15 hemp extract from being sold to persons under a 16 specified age; providing a requirement for products 17 intended for human ingestion or inhalation; requiring 18 the Department of Agriculture and Consumer Services to 19 adopt rules; removing obsolete provisions; reenacting 20 s. 893.02(3), F.S., relating to the definition of the 21 term cannabis, to incorporate the amendment made to 22 s. 581.217, F.S., in a reference thereto; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Paragraph (n) of subsection (1) of section 28 500.03, Florida Statutes, is amended, and subsection (4) is 29 added to that section, to read: 30 500.03Definitions; construction; applicability. 31 (1)For the purpose of this chapter, the term: 32 (n)Food includes: 33 1.Articles used for food or drink for human consumption; 34 2.Chewing gum; 35 3.Articles used for components of any such article; 36 4.Articles for which health claims are made, which claims 37 are approved by the Secretary of the United States Department of 38 Health and Human Services and which claims are made in 39 accordance with s. 343(r) of the federal act, and which are not 40 considered drugs solely because their labels or labeling contain 41 health claims; and 42 5.Dietary supplements as defined in 21 U.S.C. s. 43 321(ff)(1) and (2); and 44 6.Hemp extract as defined in s. 581.217. 45 46 The term includes any raw, cooked, or processed edible 47 substance; ice; any beverage; or any ingredient used, intended 48 for use, or sold for human consumption. 49 (4)For the purposes of this chapter, hemp extract is 50 considered a food that requires time and temperature control for 51 safety and integrity of product. 52 Section 2.Paragraph (b) of subsection (2), paragraphs (d) 53 and (e) of subsection (3), and subsections (7) and (12) of 54 section 581.217, Florida Statutes, are amended, and paragraphs 55 (g) and (h) are added to subsection (3) of that section, to 56 read: 57 581.217State hemp program. 58 (2)LEGISLATIVE FINDINGS.The Legislature finds that: 59 (b)Hemp-derived cannabinoids, including, but not limited 60 to, cannabinol cannabidiol, are not controlled substances or 61 adulterants if they are in compliance with this section. 62 (3)DEFINITIONS.As used in this section, the term: 63 (d)Hemp means the plant Cannabis sativa L. and any part 64 of that plant, including the seeds thereof, and all derivatives, 65 extracts, cannabinoids, isomers, acids, salts, and salts of 66 isomers thereof, whether growing or not, that has a total delta 67 9-tetrahydrocannabinol concentration that does not exceed 0.3 68 percent on a dry-weight basis, with the exception of hemp 69 extract, which may not exceed 0.3 percent total delta-9 70 tetrahydrocannabinol on a wet-weight basis. The term does not 71 include synthetically derived cannabinoids. 72 (e)Hemp extract means a substance or compound intended 73 for ingestion, containing more than trace amounts of a 74 cannabinoid, or for inhalation which is derived from or contains 75 hemp and which does not contain other controlled substances. The 76 term includes snuff, chewing gum, and smokeless products derived 77 from or containing hemp, but does not include cannabinoids that 78 are synthetically derived synthetic CBD or seeds or seed-derived 79 ingredients that are generally recognized as safe by the United 80 States Food and Drug Administration. 81 (g)Synthetically derived cannabinoid means any 82 cannabinoid created by reacting a cannabis- or noncannabis 83 derived extract with solvent or acid to increase the 84 concentration of a present cannabinoid or to create a new 85 cannabinoid not originally found in the extract. 86 (h)Total tetrahydrocannabinol means the sum of all 87 tetrahydrocannabinol isomers, with a concentration of more 88 tetrahydrocannabinol-A multiplied by 0.877, in milligrams per 89 gram multiplied by the labeled weight of the product. 90 (7)DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. 91 (a)Hemp extract may only be distributed and sold in the 92 state if the product: 93 1.Has a certificate of analysis prepared by an independent 94 testing laboratory that states: 95 a.The hemp extract is the product of a batch tested by the 96 independent testing laboratory; 97 b.The batch contained a total delta-9-tetrahydrocannabinol 98 concentration that did not exceed 0.3 percent pursuant to the 99 testing of a random sample of the batch; and 100 c.The batch does not contain contaminants unsafe for human 101 consumption; and 102 d.The batch was processed in a facility that holds a 103 current and valid permit issued by a human health or food safety 104 regulatory entity with authority over the facility, and that 105 facility meets the human health or food safety sanitization 106 requirements of the regulatory entity. Such compliance must be 107 documented by a report from the regulatory entity confirming 108 that the facility meets such requirements. 109 2.Is distributed or sold in a container that includes: 110 a.A scannable barcode or quick response code linked to the 111 certificate of analysis of the hemp extract batch by an 112 independent testing laboratory; 113 b.The batch number; 114 c.The Internet address of a website where batch 115 information may be obtained; 116 d.The expiration date; and 117 e.The number of milligrams of each marketed cannabinoid 118 per serving. 119 3.Is distributed or sold in a container that: 120 a.Is suitable to contain products for human consumption; 121 b.Is composed of materials designed to minimize exposure 122 to light; 123 c.Mitigates exposure to high temperatures; 124 d.Is not attractive to children; and 125 e.Is compliant with the United States Poison Prevention 126 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq. 127 (b)Hemp extract may only be sold to a business in this 128 state if that business is properly permitted as required by this 129 section. 130 (c)Hemp extract distributed or sold in this state is 131 subject to the applicable requirements of violation of this 132 section shall be considered adulterated or misbranded pursuant 133 to chapter 500, chapter 502, or chapter 580. 134 (d)(c)Products that are intended for human ingestion or 135 inhalation and contain hemp extract may not: 136 1.Be sold in this state to a person who is under 21 years 137 of age; or. 138 2.Exceed 0.5 milligrams total tetrahydrocannabinol per 139 dose or 2 milligrams total tetrahydrocannabinol per container. 140 (12)RULES. 141 (a)By August 1, 2019, The department shall adopt rules, in 142 consultation with the Department of Health and the Department of 143 Business and Professional Regulation, shall initiate rulemaking 144 to administer the state hemp program. The rules must provide 145 for: 146 1.(a)A procedure that uses post-decarboxylation or other 147 similarly reliable methods for testing the delta-9 148 tetrahydrocannabinol concentration of cultivated hemp. 149 2.(b)A procedure for the effective disposal of plants, 150 whether growing or not, that are cultivated in violation of this 151 section or department rules, and products derived from those 152 plants. 153 3.Packaging and labeling requirements that ensure that 154 hemp extract intended for human ingestion or inhalation is not 155 attractive to children. 156 4.Advertising regulations that ensure hemp extract 157 intended for human ingestion or inhalation is not marketed or 158 advertised in a manner that specifically targets or is 159 attractive to children. 160 (b)The department shall adopt rules pursuant to s. 120.54 161 and s. 120.536 to establish tetrahydrocannabinol isomers to 162 include in calculating total tetrahydrocannabinol, which must 163 include, at a minimum, delta-8 tetrahydrocannabinol, delta-9 164 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, exo 165 tetrahydrocannabinol, and hexahydrocannabinol. 166 Section 3.For the purpose of incorporating the amendment 167 made by this act to section 581.217, Florida Statutes, in a 168 reference thereto, subsection (3) of section 893.02, Florida 169 Statutes, is reenacted to read: 170 893.02Definitions.The following words and phrases as used 171 in this chapter shall have the following meanings, unless the 172 context otherwise requires: 173 (3)Cannabis means all parts of any plant of the genus 174 Cannabis, whether growing or not; the seeds thereof; the resin 175 extracted from any part of the plant; and every compound, 176 manufacture, salt, derivative, mixture, or preparation of the 177 plant or its seeds or resin. The term does not include 178 marijuana, as defined in s. 381.986, if manufactured, 179 possessed, sold, purchased, delivered, distributed, or 180 dispensed, in conformance with s. 381.986. The term does not 181 include hemp as defined in s. 581.217 or industrial hemp as 182 defined in s. 1004.4473. 183 Section 4.This act shall take effect July 1, 2023.