Florida 2025 Regular Session

Florida House Bill H1597 Compare Versions

Only one version of the bill is available at this time.
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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
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1414 A bill to be entitled 1
1515 An act relating to food and hemp products; amending s. 2
1616 381.988, F.S.; providing that a marijuana testing 3
1717 laboratory may acquire hemp and hemp extract only from 4
1818 certain businesses; prohibiting a marijuana testing 5
1919 laboratory from selling, distributing, or tr ansferring 6
2020 hemp or hemp extract from certain businesses; 7
2121 requiring a marijuana testing laboratory to separate 8
2222 marijuana received from certain entities from hemp or 9
2323 hemp extract received from certain entities; amending 10
2424 s. 581.217, F.S.; revising legislative findings; 11
2525 revising definitions; defining terms; revising 12
2626 requirements for the sale and distribution of hemp 13
2727 extract; deleting provisions related to the 14
2828 distribution and sale of hemp extract; providing an 15
2929 exception; prohibiting unpermitted business sales, 16
3030 street sales, or festival sales of hemp extract; 17
3131 prohibiting businesses and food establishments from 18
3232 possessing hemp extract products that are attractive 19
3333 to children; prohibiting a business permitted to sell 20
3434 hemp or hemp extract from being located in certa in 21
3535 areas; providing requirements for businesses permitted 22
3636 to sell hemp or hemp extract; including THC -infused 23
3737 beverages in the list of products prohibited for sale 24
3838 to a person under 21 years of age; providing a penalty 25
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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
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5151 for hemp extract possessed, manufactu red, delivered, 26
5252 held, offered for sale, distributed, or sold by 27
5353 certain entities in violation of specified provisions; 28
5454 prohibiting the Department of Agriculture and Consumer 29
5555 Services from granting permission to remove or use 30
5656 certain hemp extract products u ntil it has determined 31
5757 that such hemp extract products comply with state law; 32
5858 prohibiting event organizers from promoting, 33
5959 advertising, or facilitating certain events; requiring 34
6060 organizers of certain events to provide a list of 35
6161 certain vendors to the depar tment, verify that such 36
6262 vendors are selling hemp products only from approved 37
6363 sources, and ensure that such vendors are properly 38
6464 permitted; providing for administrative fines; 39
6565 requiring that hemp extract be tested in a certified 40
6666 marijuana testing laboratory before it may be sold in 41
6767 this state; providing construction; requiring the 42
6868 department to create procedures for the testing of 43
6969 hemp extract that fails to meet specified 44
7070 requirements; authorizing the department to select and 45
7171 test samples of hemp extract fro m a retail store, hemp 46
7272 distributor, or hemp cultivator for certain purposes; 47
7373 requiring retail stores to recall hemp extract that 48
7474 fails to meet specified requirements; requiring that 49
7575 an independent testing laboratory retain records of 50
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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
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8888 all tested and sampled hemp extract for a specified 51
8989 timeframe; prohibiting the retail sale of THC -infused 52
9090 beverages at certain locations; prohibiting THC -53
9191 infused beverages from containing alcoholic or 54
9292 intoxicating beverages; providing that THC -infused 55
9393 beverages may be distribut ed only by certain 56
9494 distributors; prohibiting distributors of THC -infused 57
9595 beverages from taking certain actions; prohibiting a 58
9696 retail vendor of THC -infused beverages from purchasing 59
9797 or obtaining such beverages from a person not licensed 60
9898 as a distributor; pr ohibiting a retail vendor of THC -61
9999 infused beverages from attempting to return or 62
100100 exchange a THC-infused beverage under certain 63
101101 circumstances; providing for administrative fines; 64
102102 providing an appropriation; reenacting s. 65
103103 500.03(1)(n), F.S., relating to defin itions, to 66
104104 incorporate the amendment made to s. 581.217, F.S., in 67
105105 references thereto; providing an effective date. 68
106106 69
107107 Be It Enacted by the Legislature of the State of Florida: 70
108108 71
109109 Section 1. Subsection (4) of section 381.988, Florida 72
110110 Statutes, is amended to read: 73
111111 381.988 Medical marijuana testing laboratories; marijuana 74
112112 tests conducted by a certified laboratory. — 75
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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
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125125 (4) A marijuana testing laboratory may acquire marijuana 76
126126 only from a medical marijuana treatment center and may acquire 77
127127 hemp and hemp extract only from a business that is licensed or 78
128128 permitted under s. 581.217 . A marijuana testing laboratory is 79
129129 prohibited from selling, distributing, or transferring marijuana 80
130130 received from a marijuana treatment center, or hemp or hemp 81
131131 extract received from a business licensed or permitted under s. 82
132132 581.217, except that a marijuana testing laboratory may transfer 83
133133 a sample to another marijuana testing laboratory in this state. 84
134134 A marijuana test laboratory must keep marijuana received from a 85
135135 medical marijuana trea tment center separated from hemp or hemp 86
136136 extract received from a business that is licensed or permitted 87
137137 under s. 581.217. 88
138138 Section 2. Present subsections (8) through (13) of section 89
139139 581.217, Florida Statutes, are redesignated as subsections (10) 90
140140 through (15), respectively, present paragraphs (b) through (f) 91
141141 of subsection (3) are redesignated as paragraphs (c) through 92
142142 (g), respectively, new subsections (8) and (9) are added to that 93
143143 section, new paragraphs (b) and (i) are added to subsection (3) 94
144144 of that section, and paragraph (b) of subsection (2), present 95
145145 paragraphs (a), (e), (f), and (g) of subsection (3), subsection 96
146146 (7), and paragraph (c) of present subsection (13) of that 97
147147 section are amended to read: 98
148148 581.217 State hemp program. — 99
149149 (2) LEGISLATIVE FIND INGS.—The Legislature finds that: 100
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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
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162162 (b) Hemp and hemp extract Hemp-derived cannabinoids, 101
163163 including, but not limited to, cannabidiol, are not controlled 102
164164 substances or adulterants if they are in compliance with this 103
165165 section. 104
166166 (3) DEFINITIONS.—As used in this section, the term: 105
167167 (a) "Attractive to children" means manufactured in the 106
168168 shape of or packaged in containers displaying humans, cartoons, 107
169169 or animals, toys, or other features that target children ; 108
170170 manufactured in a form or packaged in a container that bears any 109
171171 reasonable resemblance to an existing candy or snack product 110
172172 that is familiar to the public ; manufactured in a form or 111
173173 packaged in a container that bears any reasonable resemblance to 112
174174 a as a widely distributed, branded food product such that the a 113
175175 product could be mistaken for the branded food product, 114
176176 especially by children; or containing any color additives. 115
177177 (b) "Certified marijuana testing laboratory" means a 116
178178 laboratory that is certified by the Department of Health 117
179179 pursuant to s. 381.988. 118
180180 (f)(e) "Hemp" means the plant Cannabis sativa L. and any 119
181181 part of that plant, including the seeds thereof, and all 120
182182 derivatives, extracts, cannabinoids, isomers, acids, salts, and 121
183183 salts of isomers thereof, whether growing or not, that has a 122
184184 total delta-9-tetrahydrocannabinol concentration that does not 123
185185 exceed 0.3 percent on a dry -weight basis, with the exception of 124
186186 hemp extract, which may not exceed 0.3 percent total delta -9-125
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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
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199199 tetrahydrocannabinol concentration on a wet-weight basis or 126
200200 which does not exceed 5 mil ligrams per serving and 50 milligrams 127
201201 per container on a wet -weight basis, whichever is less, except 128
202202 that a THC-infused beverage may not contain more than 5 129
203203 milligrams per unopened can or bottle or in any other sealed 130
204204 container. 131
205205 (g)(f) "Hemp extract" means hemp that is a substance or 132
206206 compound intended for ingestion or inhalation and that contains , 133
207207 containing more than trace amounts of a cannabinoid but, or for 134
208208 inhalation which is derived from or contains hemp and which does 135
209209 not contain controlled substanc es listed in s. 893.03; any 136
210210 quantity of synthetic cannabinoids; or delta -8-137
211211 tetrahydrocannabinol, delta -10-tetrahydrocannabinol, 138
212212 hexahydrocannabinol, tetrahydrocannabinol acetate, 139
213213 tetrahydrocannabiphorol, or tetrahydrocannabivarin . The term 140
214214 does not include synthetic cannabidiol or seeds or seed -derived 141
215215 ingredients that are generally recognized as safe by the United 142
216216 States Food and Drug Administration. 143
217217 (h)(g) "THC-infused beverage" means a soft drink, soda, 144
218218 juice, tea, or other beverage intended for ingest ion which 145
219219 contains hemp extract in an amount not to exceed 5 milligrams 146
220220 per unopened can or bottle or in any other sealed container 147
221221 "Independent testing laboratory" means a laboratory that: 148
222222 1. Does not have a direct or indirect interest in the 149
223223 entity whose product is being tested; 150
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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
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236236 2. Does not have a direct or indirect interest in a 151
237237 facility that cultivates, processes, distributes, dispenses, or 152
238238 sells hemp or hemp extract in the state or in another 153
239239 jurisdiction or cultivates, processes, distributes, dispenses, 154
240240 or sells marijuana, as defined in s. 381.986; and 155
241241 3. Is accredited by a third -party accrediting body as a 156
242242 competent testing laboratory pursuant to ISO/IEC 17025 of the 157
243243 International Organization for Standardization . 158
244244 (i) "Total delta-9-tetrahydrocannabinol concentration" 159
245245 means a concentration calculated as follows: [delta -9-160
246246 tetrahydrocannabinol] + (0.877 x [delta -9-tetrahydrocannabinolic 161
247247 acid]). 162
248248 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. — 163
249249 (a) Hemp extract may only be distributed an d sold in this 164
250250 the state if the product meets all of the following 165
251251 requirements: 166
252252 1. Is in compliance with the testing requirements set 167
253253 forth in subsection (8). Has a certificate of analysis prepared 168
254254 by an independent testing laboratory that states: 169
255255 a. The hemp extract is the product of a batch tested by 170
256256 the independent testing laboratory; 171
257257 b. The batch contained a total delta -9-172
258258 tetrahydrocannabinol concentration that did not exceed 0.3 173
259259 percent pursuant to the testing of a random sample of the batch; 174
260260 c. The batch does not contain contaminants unsafe for 175
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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
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273273 human consumption; and 176
274274 2.d. The batch Was processed in a facility that holds a 177
275275 current and valid permit issued by a human health or food safety 178
276276 regulatory entity with authority over the facility, and that 179
277277 facility meets the human health or food safety sanitization 180
278278 requirements of the regulatory entity. Such compliance must be 181
279279 documented by a report from the regulatory entity confirming 182
280280 that the facility meets such requirements. 183
281281 3.2. Is distributed or sold in a container that includes: 184
282282 a. A scannable barcode or quick response code linked to 185
283283 the certificate of analysis of the hemp extract batch by a 186
284284 certified marijuana an independent testing laboratory; 187
285285 b. The batch number; 188
286286 c. The Internet address of a website where batch 189
287287 information may be obtained; 190
288288 d. The expiration date; and 191
289289 e. The number of milligrams of each marketed cannabinoid 192
290290 per serving; and 193
291291 f. The toll-free telephone number for the national Poison 194
292292 Help line. 195
293293 4.3. Is distributed or sold in a container that: 196
294294 a. Is suitable to contain products for human consumption; 197
295295 b. Is composed of materials designed to minimize exposure 198
296296 to light; 199
297297 c. Mitigates exposure to high temperatures; 200
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306306 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
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310310 d. Is not attractive to children; and 201
311311 e. Is compliant with the United States Poison Prevention 202
312312 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 203
313313 regard to provided exemptions. 204
314314 (b) Except as required under this section for the retail 205
315315 sale of THC-infused beverages, hemp extract may only be sold to 206
316316 or procured by a business in this state if that business is 207
317317 properly permitted as required by chapter 500 this section. A 208
318318 business or food establishment may not possess hemp extract 209
319319 products that are attractive to children. Unpermitted business 210
320320 sales, street sales, or festival sales are not allowed. A 211
321321 business or food establishment may not possess hemp or hemp 212
322322 extract products that are attractive to children. A business or 213
323323 food establishment permitted to sell hemp or hemp extract may 214
324324 not be located withi n 500 feet of a school or daycare facility, 215
325325 a retail outlet engaged in the business of selling motor fuel, 216
326326 or a retail facility in possession of a valid permit to sell 217
327327 hemp or hemp extract. Businesses and food establishments 218
328328 permitted to sell hemp or hemp extract: 219
329329 1. May not advertise the availability of such products in 220
330330 a manner that is visible to members of the public from any 221
331331 street, sidewalk, park, or other public place. A business or 222
332332 food establishment permitted to sell hemp extract may not use a 223
333333 trade name, a logo, or advertising that contains wording or 224
334334 images that are attractive to children; that implies that such 225
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343343 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
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347347 products confer health or medical benefits that are 226
348348 unsubstantiated; or that suggests that the business or food 227
349349 establishment is affilia ted with a medical office or other 228
350350 health care facility. Advertising may not use the terms "THC" or 229
351351 "medical card" or similar terms. 230
352352 2. Shall keep records pertaining to lab testing results 231
353353 and the suppliers of hemp extract products for a minimum of 3 232
354354 years and shall have procedures in place to effect a recall of 233
355355 any hemp extract later determined to be unsafe for human 234
356356 consumption. 235
357357 3. Shall store all such products out of reach of 236
358358 customers, either in a controlled area accessible only to 237
359359 employees or in a locked display case excluding hemp -infused 238
360360 beverages. 239
361361 (c) Hemp extract distributed or sold in this state is 240
362362 subject to the applicable requirements of chapter 500, chapter 241
363363 502, or chapter 580. 242
364364 (d) Products that are intended for human ingestion or 243
365365 inhalation and that contain hemp extract, including, but not 244
366366 limited to, THC-infused beverages, snuff, chewing gum, and other 245
367367 smokeless products, may not be sold in this state to a person 246
368368 who is under 21 years of age. A person who violates this 247
369369 paragraph commits a misdemeanor of the second degree, punishable 248
370370 as provided in s. 775.082 or s. 775.083. A person who commits a 249
371371 second or subsequent violation of this paragraph within 1 year 250
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380380 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
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384384 after the initial vi olation commits a misdemeanor of the first 251
385385 degree, punishable as provided in s. 775.082 or s. 775.083. 252
386386 (e) Hemp extract possessed, manufactured, delivered, held, 253
387387 offered for sale, distributed, or sold in violation of this 254
388388 subsection by an entity regulate d under chapter 500 is subject 255
389389 to s. 500.172 and penalties as provided in s. 500.121. Hemp 256
390390 extract products found to be mislabeled or attractive to 257
391391 children are subject to an immediate stop -sale order. The 258
392392 department may not grant permission to remove or u se, except for 259
393393 disposal, hemp extract products subject to a stop -sale order 260
394394 which are attractive to children until the department has 261
395395 determined that the hemp extract products comply with state law. 262
396396 (f)1. An event organizer may not promote, advertise, or 263
397397 facilitate an event where: 264
398398 a. Hemp extract products that do not comply with general 265
399399 law, including hemp extract products that are not from an 266
400400 approved source as provided in sub -subparagraph (a)2., are sold 267
401401 or marketed; or 268
402402 b. Hemp extract products are sold or marketed by 269
403403 businesses that are not properly permitted as required by this 270
404404 section and chapter 500. 271
405405 2. Before an event where hemp extract products are sold or 272
406406 marketed, an event organizer must provide to the department a 273
407407 list of the businesses se lling or marketing hemp extract 274
408408 products at the event and verify that each business is selling 275
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417417 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
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421421 hemp products only from an approved source. The event organizer 276
422422 must ensure that each participating business is properly 277
423423 permitted as required by this section an d chapter 500. 278
424424 3. A person who violates this paragraph is subject to an 279
425425 administrative fine in the Class III category under s. 570.971 280
426426 for each violation. 281
427427 (8) TESTING.— 282
428428 (a) Hemp extract must be tested using a certified 283
429429 marijuana testing laboratory be fore it may be sold in this 284
430430 state. Test results must be verified and signed by two 285
431431 laboratory employees. The certified marijuana testing laboratory 286
432432 must determine whether the test results indicate that the 287
433433 product meets the definition of hemp and hemp extr act, the 288
434434 labeling of the concentration of tetrahydrocannabinol and 289
435435 cannabidiol is accurate, and the product is free from 290
436436 contaminants that are unsafe for human consumption. 291
437437 (b) The department shall create procedures for the 292
438438 treatment of hemp extract that fails to meet the testing 293
439439 requirements of this section or department rule. 294
440440 (c) The department may select and test samples of hemp 295
441441 extract from a retail store, hemp distributor, or hemp 296
442442 cultivator to determine whether the product meets the 297
443443 requirements of this section, is safe for human consumption, and 298
444444 is accurately labeled. 299
445445 (d) A retail store must recall hemp extract that fails to 300
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454454 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
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458458 meet the requirements of this section, is unsafe for human 301
459459 consumption, or is mislabeled. 302
460460 (e) The independent testing la boratory must retain records 303
461461 of all testing and samples of each batch of hemp extract for 9 304
462462 months. 305
463463 (9) SALE OF THC-INFUSED BEVERAGES.— 306
464464 (a) It is unlawful to sell, at retail, THC -infused 307
465465 beverages at a location other than premises licensed to sell 308
466466 alcoholic beverages under s. 565.02(1)(a) -(g). THC-infused 309
467467 beverages may not contain alcoholic beverages or intoxicating 310
468468 beverages as defined in s. 561.01(4) and (5), respectively. 311
469469 (b) THC-infused beverages may only be distributed in this 312
470470 state by a distributor licensed under the Beverage law, as 313
471471 described in s. 561.14(2). A distributor of THC -infused 314
472472 beverages may not: 315
473473 1. Assist any retail vendor by any gift or loan of money 316
474474 or property of any description, including equipment, fixtures, 317
475475 or furnishings. 318
476476 2. Sell or provide THC -infused beverages to a retail 319
477477 vendor who does not hold an active permit required under 320
478478 paragraph (7)(b). 321
479479 3. Make consignment sales to retail vendors of THC -infused 322
480480 beverages, including any right of return or exchange because the 323
481481 product is over-stocked or slow-moving. 324
482482 4. Give a retailer of THC -infused beverages anything of 325
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491491 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
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495495 value to promote THC -infused beverages, or to provide shelf 326
496496 space or floor space to stock or promote THC -infused beverages. 327
497497 (c) A retail vendor of THC -infused beverages may not 328
498498 purchase or otherwise obtain such beverages from a person not 329
499499 licensed as a distributor licensed under the Beverage Law as 330
500500 described in s. 561.14(2). 331
501501 (d) A retail vendor of THC -infused beverages may not 332
502502 attempt to return or exchange to a distributor any THC -infused 333
503503 beverage because the product is over -stocked or slow-moving. 334
504504 (e) A person regulated under the Beverage Law who 335
505505 possesses, delivers, holds, offers for sale, or distributes THC -336
506506 infused beverages is subject to discipline un der s. 561.29, and 337
507507 such beverages are subject to s. 500.172. A person who violates 338
508508 this subsection is subject to an administrative fine in the 339
509509 Class III category under s. 570.971 for each violation. 340
510510 (15)(13) APPLICABILITY.—Notwithstanding any other law: 341
511511 (c) A licensee who negligently violates this section or 342
512512 department rules is not subject to any criminal or civil 343
513513 enforcement action by the state or a local government other than 344
514514 the enforcement of violations of this section as authorized 345
515515 under subsection (12) (10). 346
516516 Section 3. For the 2025-2026 fiscal year, the sum of $2 347
517517 million in nonrecurring funds is appropriated from the General 348
518518 Revenue Fund to the Department of Law Enforcement for the 349
519519 purchase of testing equipment necessary to implement this act. 350
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528528 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
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532532 Section 4. For the purpose of incorporating the amendment 351
533533 made by this act to section 581.217, Florida Statutes, in a 352
534534 reference thereto, paragraph (n) of subsection (1) of section 353
535535 500.03, Florida Statutes, is reenacted to read: 354
536536 500.03 Definitions; co nstruction; applicability. — 355
537537 (1) For the purpose of this chapter, the term: 356
538538 (n) "Food" includes: 357
539539 1. Articles used for food or drink for human consumption; 358
540540 2. Chewing gum; 359
541541 3. Articles used for components of any such article; 360
542542 4. Articles for which health claims are made, which claims 361
543543 are approved by the Secretary of the United States Department of 362
544544 Health and Human Services and which claims are made in 363
545545 accordance with s. 343(r) of the federal act, and which are not 364
546546 considered drugs solely because th eir labels or labeling contain 365
547547 health claims; 366
548548 5. Dietary supplements as defined in 21 U.S.C. s. 367
549549 321(ff)(1) and (2); and 368
550550 6. Hemp extract as defined in s. 581.217. 369
551551 370
552552 The term includes any raw, cooked, or processed edible 371
553553 substance; ice; any beverage; or a ny ingredient used, intended 372
554554 for use, or sold for human consumption. 373
555555 Section 5. This act shall take effect October 1, 2025. 374