CS for SB 1698 First Engrossed 20241698e1 1 A bill to be entitled 2 An act relating to food and hemp products; amending s. 3 581.217, F.S.; revising legislative findings; revising 4 definitions; defining the term total delta-9 5 tetrahydrocannabinol concentration; providing 6 conditions for the manufacture, delivery, hold, offer 7 for sale, distribution, or sale of hemp extract; 8 prohibiting businesses and food establishments from 9 possessing hemp extract products that are attractive 10 to children; prohibiting the Department of Agriculture 11 and Consumer Services from granting permission to 12 remove or use certain hemp extract products until it 13 determines that such hemp extract products comply with 14 state law; prohibiting event organizers from 15 promoting, advertising, or facilitating certain 16 events; requiring organizers of certain events to 17 provide a list of certain vendors to the department, 18 verify that vendors are only selling hemp products 19 from approved sources, and ensure that such vendors 20 are properly permitted; providing for administrative 21 fines; providing an appropriation; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1.Paragraph (b) of subsection (2), paragraphs (a), 27 (e), and (f) of subsection (3), and subsection (7) of section 28 581.217, Florida Statutes, are amended, and paragraph (h) is 29 added to subsection (3) of that section, to read: 30 581.217State hemp program. 31 (2)LEGISLATIVE FINDINGS.The Legislature finds that: 32 (b)Hemp and hemp extract as defined in this section Hemp 33 derived cannabinoids, including, but not limited to, 34 cannabidiol, are not controlled substances or adulterants if 35 they are in compliance with this section. 36 (3)DEFINITIONS.As used in this section, the term: 37 (a)Attractive to children means manufactured in the 38 shape of or packaged in containers displaying humans, cartoons, 39 or animals, toys, or other features that target children; 40 manufactured in a form or packaged in a container that bears any 41 reasonable resemblance to an existing candy or snack product 42 that is familiar to the public; manufactured in a form or 43 packaged in a container that bears any reasonable resemblance to 44 a as a widely distributed, branded food product such that the a 45 product could be mistaken for the branded food product, 46 especially by children; or containing any color additives; or, 47 for hemp extract intended for inhalation, the addition of any 48 flavoring. 49 (e)Hemp means the plant Cannabis sativa L. and any part 50 of that plant, including the seeds thereof, and all derivatives, 51 extracts, cannabinoids, isomers, acids, salts, and salts of 52 isomers thereof, whether growing or not, that has a total delta 53 9-tetrahydrocannabinol concentration that does not exceed 0.3 54 percent on a dry-weight basis, with the exception of hemp 55 extract, which may not exceed 0.3 percent total delta-9 56 tetrahydrocannabinol concentration on a wet-weight basis or that 57 does not exceed 2 milligrams per serving and 10 milligrams per 58 container on a wet-weight basis, whichever is less. 59 (f)Hemp extract means a substance or compound intended 60 for ingestion, containing more than trace amounts of a 61 cannabinoid, or for inhalation which is derived from or contains 62 hemp but and which does not contain synthetic or naturally 63 occurring versions of controlled substances listed in s. 893.03, 64 such as delta-8-tetrahydrocannabinol, delta-10 65 tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol 66 acetate, tetrahydrocannabiphorol, and tetrahydrocannabivarin. 67 The term does not include synthetic cannabidiol or seeds or 68 seed-derived ingredients that are generally recognized as safe 69 by the United States Food and Drug Administration. 70 (h)Total delta-9-tetrahydrocannabinol concentration 71 means a concentration calculated as follows: [delta-9 72 tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic 73 acid]). 74 (7)MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE, 75 DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT. 76 (a)Hemp extract may only be manufactured, delivered, held, 77 offered for sale, distributed, or and sold in this the state if 78 the product: 79 1.Has a certificate of analysis prepared by an independent 80 testing laboratory that states: 81 a.The hemp extract is the product of a batch tested by the 82 independent testing laboratory; 83 b.The batch contained a total delta-9-tetrahydrocannabinol 84 concentration that did not exceed 0.3 percent pursuant to the 85 testing of a random sample of the batch. However, if the batch 86 is sold at retail, the batch must meet the total delta-9 87 tetrahydrocannabinol concentration limits set forth in paragraph 88 (3)(e) for hemp extract; 89 c.The batch does not contain contaminants unsafe for human 90 consumption; and 91 d.The batch was processed in a facility that holds a 92 current and valid permit issued by a human health or food safety 93 regulatory entity with authority over the facility, and that 94 facility meets the human health or food safety sanitization 95 requirements of the regulatory entity. Such compliance must be 96 documented by a report from the regulatory entity confirming 97 that the facility meets such requirements. 98 2.Is manufactured, delivered, held, offered for sale, 99 distributed, or sold in a container that includes: 100 a.A scannable barcode or quick response code linked to the 101 certificate of analysis of the hemp extract batch by an 102 independent testing laboratory; 103 b.The batch number; 104 c.The Internet address of a website where batch 105 information may be obtained; 106 d.The expiration date; and 107 e.The number of milligrams of each marketed cannabinoid 108 per serving; and 109 f.The toll-free telephone number for the national Poison 110 Help line, (800)222-1222. 111 3.Is manufactured, delivered, held, offered for sale, 112 distributed, or sold in a container that: 113 a.Is suitable to contain products for human consumption; 114 b.Is composed of materials designed to minimize exposure 115 to light; 116 c.Mitigates exposure to high temperatures; 117 d.Is not attractive to children; and 118 e.Is compliant with the United States Poison Prevention 119 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 120 regard to provided exemptions. 121 (b)Hemp extract may only be sold to or procured by a 122 business in this state if that business is properly permitted as 123 required by this section. A business or food establishment may 124 not possess hemp extract products that are attractive to 125 children. 126 (c)Hemp extract manufactured, delivered, held, offered for 127 sale, distributed, or sold in this state is subject to the 128 applicable requirements of chapter 500, chapter 502, or chapter 129 580. 130 (d)Products that are intended for human ingestion or 131 inhalation and that contain hemp extract, including, but not 132 limited to, snuff, chewing gum, and other smokeless products, 133 may not be sold in this state to a person who is under 21 years 134 of age. A person who violates this paragraph commits a 135 misdemeanor of the second degree, punishable as provided in s. 136 775.082 or s. 775.083. A person who commits a second or 137 subsequent violation of this paragraph within 1 year after the 138 initial violation commits a misdemeanor of the first degree, 139 punishable as provided in s. 775.082 or s. 775.083. 140 (e)Hemp extract possessed, manufactured, delivered, held, 141 offered for sale, distributed, or sold in violation of this 142 subsection by an entity regulated under chapter 500 is subject 143 to s. 500.172 and penalties as provided in s. 500.121. Hemp 144 extract products found to be mislabeled or attractive to 145 children are subject to an immediate stop-sale order. The 146 department may not grant permission to remove or use, except for 147 disposal, hemp extract products subject to a stop-sale order 148 which are attractive to children until the department determines 149 that the hemp extract products comply with state law. 150 (f)1.An event organizer may not promote, advertise, or 151 facilitate an event where: 152 a.Hemp extract products that do not comply with general 153 law, including hemp extract products that are not from an 154 approved source as provided in sub-subparagraph (a)1.d., are 155 sold or marketed; or 156 b.Hemp extract products are sold or marketed by businesses 157 that are not properly permitted as required by this section and 158 chapter 500. 159 2.Before an event where hemp extract products are sold or 160 marketed, an event organizer must provide to the department a 161 list of the businesses selling or marketing hemp extract 162 products at the event and verify that each business is only 163 selling hemp products from an approved source. The event 164 organizer must ensure that each participating business is 165 properly permitted as required by this section and chapter 500. 166 3.A person who violates this paragraph is subject to an 167 administrative fine in the Class III category under s. 570.971 168 for each violation. 169 Section 2.For the 2024-2025 fiscal year, the sum of $2 170 million in nonrecurring funds is appropriated from the General 171 Revenue Fund to the Department of Law Enforcement for the 172 purchase of testing equipment necessary to implement this act. 173 Section 3.This act shall take effect October 1, 2024.