ENROLLED 2023 Legislature CS for CS for SB 1676 20231676er 1 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 regarding the state hemp 7 program; defining the term attractive to children; 8 revising definitions; revising the requirements that 9 hemp extract must meet before being distributed and 10 sold in this state; providing that hemp extract may 11 only be sold to businesses in this state which meet 12 certain permitting requirements; providing that hemp 13 extract distributed or sold in this state must meet 14 certain requirements; prohibiting products intended 15 for human ingestion which contain hemp extract from 16 being sold to persons under a specified age; providing 17 civil and criminal penalties; providing enhanced 18 criminal penalties for second or subsequent violations 19 within a specified timeframe; providing that certain 20 products are subject to an immediate stop-sale order; 21 requiring the Department of Agriculture and Consumer 22 Services to adopt specified rules; removing obsolete 23 provisions; reenacting s. 893.02(3), F.S., relating to 24 the definition of the term cannabis, to incorporate 25 the amendments made to s. 581.217, F.S., in a 26 reference thereto; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Paragraph (n) of subsection (1) of section 31 500.03, Florida Statutes, is amended, and subsection (4) is 32 added to that section, to read: 33 500.03Definitions; construction; applicability. 34 (1)For the purpose of this chapter, the term: 35 (n)Food includes: 36 1.Articles used for food or drink for human consumption; 37 2.Chewing gum; 38 3.Articles used for components of any such article; 39 4.Articles for which health claims are made, which claims 40 are approved by the Secretary of the United States Department of 41 Health and Human Services and which claims are made in 42 accordance with s. 343(r) of the federal act, and which are not 43 considered drugs solely because their labels or labeling contain 44 health claims; and 45 5.Dietary supplements as defined in 21 U.S.C. s. 46 321(ff)(1) and (2); and 47 6.Hemp extract as defined in s. 581.217. 48 49 The term includes any raw, cooked, or processed edible 50 substance; ice; any beverage; or any ingredient used, intended 51 for use, or sold for human consumption. 52 (4)For the purposes of this chapter, hemp extract is 53 considered a food that requires time and temperature control for 54 the safety and integrity of product. 55 Section 2.Paragraph (b) of subsection (2) and subsections 56 (3), (7), and (12) of section 581.217, Florida Statutes, are 57 amended to read: 58 581.217State hemp program. 59 (2)LEGISLATIVE FINDINGS.The Legislature finds that: 60 (b)Hemp-derived cannabinoids, including, but not limited 61 to, cannabidiol, are not controlled substances or adulterants if 62 they are in compliance with this section. 63 (3)DEFINITIONS.As used in this section, the term: 64 (a)Attractive to children means manufactured in the 65 shape of humans, cartoons, or animals; manufactured in a form 66 that bears any reasonable resemblance to an existing candy 67 product that is familiar to the public as a widely distributed, 68 branded food product such that a product could be mistaken for 69 the branded product, especially by children; or containing any 70 color additives. 71 (b)(a)Certifying agency has the same meaning as in s. 72 578.011(8). 73 (c)(b)Contaminants unsafe for human consumption 74 includes, but is not limited to, any microbe, fungus, yeast, 75 mildew, herbicide, pesticide, fungicide, residual solvent, 76 metal, or other contaminant found in any amount that exceeds any 77 of the accepted limitations as determined by rules adopted by 78 the Department of Health in accordance with s. 381.986, or other 79 limitation pursuant to the laws of this state, whichever amount 80 is less. 81 (d)(c)Cultivate means planting, watering, growing, or 82 harvesting hemp. 83 (e)(d)Hemp means the plant Cannabis sativa L. and any 84 part of that plant, including the seeds thereof, and all 85 derivatives, extracts, cannabinoids, isomers, acids, salts, and 86 salts of isomers thereof, whether growing or not, that has a 87 total delta-9-tetrahydrocannabinol concentration that does not 88 exceed 0.3 percent on a dry-weight basis, with the exception of 89 hemp extract, which may not exceed 0.3 percent total delta-9 90 tetrahydrocannabinol on a wet-weight basis. 91 (f)(e)Hemp extract means a substance or compound 92 intended for ingestion, containing more than trace amounts of a 93 cannabinoid, or for inhalation which is derived from or contains 94 hemp and which does not contain other controlled substances. The 95 term does not include synthetic cannabidiol CBD or seeds or 96 seed-derived ingredients that are generally recognized as safe 97 by the United States Food and Drug Administration. 98 (g)(f)Independent testing laboratory means a laboratory 99 that: 100 1.Does not have a direct or indirect interest in the 101 entity whose product is being tested; 102 2.Does not have a direct or indirect interest in a 103 facility that cultivates, processes, distributes, dispenses, or 104 sells hemp or hemp extract in the state or in another 105 jurisdiction or cultivates, processes, distributes, dispenses, 106 or sells marijuana, as defined in s. 381.986; and 107 3.Is accredited by a third-party accrediting body as a 108 competent testing laboratory pursuant to ISO/IEC 17025 of the 109 International Organization for Standardization. 110 (7)DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. 111 (a)Hemp extract may only be distributed and sold in the 112 state if the product: 113 1.Has a certificate of analysis prepared by an independent 114 testing laboratory that states: 115 a.The hemp extract is the product of a batch tested by the 116 independent testing laboratory; 117 b.The batch contained a total delta-9-tetrahydrocannabinol 118 concentration that did not exceed 0.3 percent pursuant to the 119 testing of a random sample of the batch; and 120 c.The batch does not contain contaminants unsafe for human 121 consumption; and 122 d.The batch was processed in a facility that holds a 123 current and valid permit issued by a human health or food safety 124 regulatory entity with authority over the facility, and that 125 facility meets the human health or food safety sanitization 126 requirements of the regulatory entity. Such compliance must be 127 documented by a report from the regulatory entity confirming 128 that the facility meets such requirements. 129 2.Is distributed or sold in a container that includes: 130 a.A scannable barcode or quick response code linked to the 131 certificate of analysis of the hemp extract batch by an 132 independent testing laboratory; 133 b.The batch number; 134 c.The Internet address of a website where batch 135 information may be obtained; 136 d.The expiration date; and 137 e.The number of milligrams of each marketed cannabinoid 138 per serving. 139 3.Is distributed or sold in a container that: 140 a.Is suitable to contain products for human consumption; 141 b.Is composed of materials designed to minimize exposure 142 to light; 143 c.Mitigates exposure to high temperatures; 144 d.Is not attractive to children; and 145 e.Is compliant with the United States Poison Prevention 146 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 147 regard to provided exemptions. 148 (b)Hemp extract may only be sold to a business in this 149 state if that business is properly permitted as required by this 150 section. 151 (c)Hemp extract distributed or sold in this state is 152 subject to the applicable requirements of violation of this 153 section shall be considered adulterated or misbranded pursuant 154 to chapter 500, chapter 502, or chapter 580. 155 (d)(c)Products that are intended for human ingestion or 156 inhalation and that contain hemp extract, including, but not 157 limited to, snuff, chewing gum, and other smokeless products, 158 may not be sold in this state to a person who is under 21 years 159 of age. A person who violates this paragraph commits a 160 misdemeanor of the second degree, punishable as provided in s. 161 775.082 or s. 775.083. A person who commits a second or 162 subsequent violation of this paragraph within 1 year after the 163 initial violation commits a misdemeanor of the first degree, 164 punishable as provided in s. 775.082 or s. 775.083. 165 (e)Hemp extract distributed or sold in violation of this 166 subsection is subject to s. 500.172 and penalties as provided in 167 s. 500.121. Hemp extract products found to be mislabeled or 168 attractive to children are subject to an immediate stop-sale 169 order. 170 (12)RULES.By August 1, 2019, The department shall adopt 171 rules, in consultation with the Department of Health and the 172 Department of Business and Professional Regulation, shall 173 initiate rulemaking to administer the state hemp program. The 174 rules must provide for: 175 (a)A procedure that uses post-decarboxylation or other 176 similarly reliable methods for testing the delta-9 177 tetrahydrocannabinol concentration of cultivated hemp. 178 (b)A procedure for the effective disposal of plants, 179 whether growing or not, that are cultivated in violation of this 180 section or department rules, and products derived from those 181 plants. 182 (c)Packaging and labeling requirements that ensure that 183 hemp extract intended for human ingestion or inhalation is not 184 attractive to children. 185 (d)Advertising regulations that ensure that hemp extract 186 intended for human ingestion or inhalation is not marketed or 187 advertised in a manner that specifically targets or is 188 attractive to children. 189 Section 3.For the purpose of incorporating the amendments 190 made by this act to section 581.217, Florida Statutes, in a 191 reference thereto, subsection (3) of section 893.02, Florida 192 Statutes, is reenacted to read: 193 893.02Definitions.The following words and phrases as used 194 in this chapter shall have the following meanings, unless the 195 context otherwise requires: 196 (3)Cannabis means all parts of any plant of the genus 197 Cannabis, whether growing or not; the seeds thereof; the resin 198 extracted from any part of the plant; and every compound, 199 manufacture, salt, derivative, mixture, or preparation of the 200 plant or its seeds or resin. The term does not include 201 marijuana, as defined in s. 381.986, if manufactured, 202 possessed, sold, purchased, delivered, distributed, or 203 dispensed, in conformance with s. 381.986. The term does not 204 include hemp as defined in s. 581.217 or industrial hemp as 205 defined in s. 1004.4473. 206 Section 4.This act shall take effect July 1, 2023.