IL
Illinois House Bill HB4193

Illinois 2023-2024 Regular Session

Illinois House Bill HB4193 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4193 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer licensed issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributor establishment unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act. LRB103 34956 RLC 64843 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4193 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act New Act Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer licensed issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributor establishment unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act. LRB103 34956 RLC 64843 b LRB103 34956 RLC 64843 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4193 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
33 New Act New Act
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55 Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer licensed issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributor establishment unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act.
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1111 1 AN ACT concerning hemp cannabinoids.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Prevention of Use of Hemp Cannabinoid Products Intended for
1616 6 Human Consumption by Ingestion or Inhalation by Persons Under
1717 7 21 Years of Age Act.
1818 8 Section 5. Definitions. In this Act:
1919 9 "Cannabinoid menu item" means a restaurant-type food that
2020 10 incorporates ready-to-eat cannabinoids included on a menu or
2121 11 menu board or offered as a food on display.
2222 12 "Hemp business establishment" means a hemp retailer or
2323 13 hemp food establishment.
2424 14 "Hemp cannabinoid" means the chemical constituents of hemp
2525 15 plants that are naturally occurring and biologically active.
2626 16 "Hemp cannabinoid product" means a finished product for
2727 17 sale to hemp cannabinoid users at hemp business establishments
2828 18 within the State that contains cannabinoids derived from hemp
2929 19 and is intended for human consumption by inhalation or
3030 20 ingestion.
3131 21 "Hemp cannabinoid user" means a member of the general
3232 22 public who buys or uses hemp and who is protected by laws
3333 23 against unfair or fraudulent practices in the marketplace.
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4193 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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4040 Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer licensed issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributor establishment unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act.
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6868 1 "Hemp food establishment" means a facility regulated by
6969 2 the Illinois Department of Public Health that incorporates
7070 3 intermediate hemp products in the manufacturing, processing,
7171 4 or preparation of prepackaged or ready-to-eat hemp cannabinoid
7272 5 products for human ingestion and which meets the requirements
7373 6 of this Act.
7474 7 "Hemp retailer" means a retailer operated by an
7575 8 organization or business that is licensed by the Department of
7676 9 Financial and Professional Regulation to sell hemp cannabinoid
7777 10 products to hemp cannabinoid users.
7878 11 "Ingestion" means the process of consuming cannabinoid
7979 12 products through the mouth, whether by swallowing into the
8080 13 gastrointestinal system or through tissue absorption.
8181 14 "Inhalation" means the process of consuming cannabinoid
8282 15 products through the mouth or nasal passage into the
8383 16 respiratory system.
8484 17 "Intermediate hemp products" means products that are made
8585 18 from processed hemp that may only be sold to hemp business
8686 19 establishments to be used as ingredients for other
8787 20 intermediate hemp products or final hemp cannabinoid products
8888 21 for human consumption by ingestion or inhalation.
8989 22 "Intermediate hemp products" include products that contain
9090 23 more than 0.3% THC.
9191 24 "Menu" means the primary writing of the establishment from
9292 25 which a customer makes an order selection, including, but not
9393 26 limited to, breakfast, lunch, and dinner menus, dessert menus,
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104104 1 beverage menus, other specialty menus, electronic menus, menu
105105 2 boards, and menus published on the Internet.
106106 3 "Ready-to-eat hemp cannabinoid product" means a type of
107107 4 hemp cannabinoid product available for human consumption,
108108 5 including time or temperature control, or both, for food
109109 6 safety, as "ready-to-eat food" is defined in Section 1-201.10
110110 7 of the Food Code 2017 of the United States Public Health
111111 8 Service of the Food and Drug Administration, that does not
112112 9 exceed 50 milligrams of THC per serving, and that utilizes
113113 10 intermediate hemp products as an input as is produced as a
114114 11 single serving in a retail food establishment.
115115 12 Section 10. Sale of hemp cannabinoid products.
116116 13 (a) The retail sale of hemp cannabinoids is allowed as
117117 14 provided in this Act.
118118 15 (b) No person shall offer or sell hemp cannabinoid
119119 16 products to consumers in the State unless the person applies
120120 17 for and holds a hemp retailer license issued by the Department
121121 18 of Financial and Professional Regulation. No person shall sell
122122 19 ready-to-eat hemp products to end consumers without holding a
123123 20 hemp food establishment license issued by the Department of
124124 21 Public Health.
125125 22 (c) A hemp food establishment that sells ready-to-eat
126126 23 cannabinoid products shall be exclusively licensed and located
127127 24 in the State.
128128 25 (d) No person shall sell a hemp cannabinoid product to any
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139139 1 person under the age of 21.
140140 2 (e) No person shall sell, buy for, distribute samples of,
141141 3 or furnish any cannabinoid product to any person under the age
142142 4 of 21.
143143 5 (f) No person under 21 years of age in the furtherance or
144144 6 facilitation of obtaining hemp cannabinoid products shall
145145 7 display or use a false or forged identification card or
146146 8 transfer, alter, or deface an identification card.
147147 9 (g) A hemp food establishment or hemp retailer that sells
148148 10 cannabinoid products intended for inhalation shall post a
149149 11 clear and conspicuous sign directly adjacent to the display of
150150 12 the product that states the following: "THE SALE OF
151151 13 CANNABINOID PRODUCTS INTENDED FOR INHALATION TO PERSONS UNDER
152152 14 THE AGE OF 21 IS PROHIBITED. PROOF OF AGE IS REQUIRED FOR
153153 15 PURCHASE.".
154154 16 (h) Cannabinoid products may not be mailed, shipped, or
155155 17 otherwise delivered to a purchaser unless, before the delivery
156156 18 to the purchaser, the hemp retailer obtains confirmation that
157157 19 the purchaser is 21 years of age or older.
158158 20 (i) Hemp food establishments and hemp retailers shall
159159 21 require proof of age from a purchaser of any cannabinoid
160160 22 products before selling the product to that person. Hemp food
161161 23 establishments and hemp retailers shall exercise diligence in
162162 24 the management and supervision of their premises and in the
163163 25 supervision and training of their employees to prevent the
164164 26 underage sale of these products.
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175175 1 (j) A product containing cannabinoids must not be
176176 2 considered adulterated or unsafe solely because the product
177177 3 contains cannabinoids or other material extracted or derived
178178 4 from hemp plants.
179179 5 (k) A person, hemp food establishment, or hemp retailer
180180 6 that violates subsection (e) is guilty of a Class 4 felony. A
181181 7 person under the age of 21 who violates subsection (f) is
182182 8 guilty of a Class A misdemeanor.
183183 9 Section 15. Licensing and regulation of hemp retailers.
184184 10 (a) The Department of Financial and Professional
185185 11 Regulation shall administer and enforce the provisions of this
186186 12 Act relating to licensing and oversight of hemp distributor
187187 13 establishment unless otherwise provided in this Act.
188188 14 (b) No person shall operate a hemp retail establishment
189189 15 for the purpose of serving purchasers of hemp cannabinoid
190190 16 products without a license issued under this Act by the
191191 17 Department.
192192 18 (c) Subject to the provisions of this Act, the Department
193193 19 may exercise the following powers and duties:
194194 20 (1) prescribe forms to be issued for the
195195 21 administration and enforcement of this Act;
196196 22 (2) examine, inspect, and investigate the premises,
197197 23 operations, and records of hemp retail organization
198198 24 applicants and licensees;
199199 25 (3) conduct investigations of possible violations of
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210210 1 this Act pertaining to hemp retail organizations; and
211211 2 (4) conduct hearings on proceedings to refuse to issue
212212 3 or renew licenses or to revoke, suspend, place on
213213 4 probation, reprimand, or otherwise discipline a license
214214 5 holder under this Act or take other nondisciplinary
215215 6 action.
216216 7 (d) The Department may not limit the number of hemp
217217 8 retailer licenses.
218218 9 (e) The Department may not limit the number of hemp
219219 10 retailer licenses an individual may hold.
220220 11 (f) Applicants for a hemp retail license must submit all
221221 12 information required by the Department. Failure by an
222222 13 applicant to submit all required information may result in the
223223 14 application being disqualified.
224224 15 (g) The Department may verify information contained in
225225 16 each application and accompanying documentation to assess the
226226 17 applicant's veracity and fitness to operate a hemp retailer
227227 18 establishment.
228228 19 (h) The Department may refuse to issue a license to any
229229 20 applicant who:
230230 21 (1) fails to disclose or states falsely any
231231 22 information called for in the applications;
232232 23 (2) has been found guilty of a violation of this Act,
233233 24 who has had any disciplinary order entered against it by
234234 25 the Department, who has entered into a disciplinary or
235235 26 nondisciplinary agreement with the Department, or whose
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246246 1 hemp business establishment license was suspended,
247247 2 restricted, revoked, or denied in another State; or
248248 3 (3) has engaged in a pattern or practice of unfair or
249249 4 illegal practices, methods, or activities in the conduct
250250 5 of owning a hemp business establishment or other business.
251251 6 (i) The Department shall deny the license if any principal
252252 7 officer, board member, or persons having a financial or voting
253253 8 interest of 5% or greater on the license is delinquent in
254254 9 filing any required tax returns or paying any amounts owed to
255255 10 the State.
256256 11 (j) The Department shall verify an applicant's compliance
257257 12 with the requirements of this Act and rules before issuing a
258258 13 hemp retailer license.
259259 14 Section 20. Operational requirements of hemp retailers.
260260 15 (a) A hemp retailers shall operate in accordance with the
261261 16 representations made in its application and license materials.
262262 17 It shall be in compliance with this Act and rules.
263263 18 (b) A hemp retailer establishment that obtains a hemp food
264264 19 establishment license may prepare and sell ready-to-eat hemp
265265 20 cannabinoid products.
266266 21 (c) A hemp retailer establishment shall maintain
267267 22 compliance with State and local building, fire, and zoning
268268 23 requirements and regulations.
269269 24 (d) A hemp retailer's license allows for a hemp retailer
270270 25 to be operated only at a single location.
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281281 1 (e) A hemp retailer establishment shall ensure that any
282282 2 building or equipment used by the hemp retailer establishment
283283 3 for the sale of hemp, hemp cannabinoid products, and
284284 4 ready-to-eat hemp cannabinoid products are maintained in a
285285 5 clean and sanitary condition.
286286 6 (f) A hemp retailer establishment shall be free from
287287 7 infestation by insects, rodents, or pests.
288288 8 (g) A hemp retailer license shall not give the licensee
289289 9 the right to:
290290 10 (1) grow hemp;
291291 11 (2) produce or manufacture hemp or hemp cannabinoid
292292 12 products;
293293 13 (3) sell hemp cannabinoid products to a purchaser
294294 14 unless the purchaser is a medical patient or that the
295295 15 purchaser has been verified to be 21 years of age or older;
296296 16 or
297297 17 (4) violate any other requirements or prohibitions set
298298 18 by Department rules.
299299 19 (h) A hemp retailer license may be obtained by an
300300 20 out-of-state entity if:
301301 21 (1) the applicant and any and all principals officers
302302 22 on the application retains a registered agent or office
303303 23 and agrees to submit to tax nexus within the State for
304304 24 jurisdictional, regulatory, and enforcement purposes; and
305305 25 (2) the applicant maintains a log of all sales to
306306 26 residents located within the State to be submitted for
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317317 1 inspection by the Department.
318318 2 Section 25. Regulation of hemp food establishments.
319319 3 (a) As used in this Section, "Department" means the
320320 4 Department of Public Health.
321321 5 (b) The Department shall administer and enforce the
322322 6 provisions of this Act relating to the licensing and oversight
323323 7 of hemp food establishments unless otherwise provided in this
324324 8 Act.
325325 9 (c) No person shall operate a hemp food establishment for
326326 10 the purpose of serving hemp cannabinoid products for human
327327 11 ingestions or ready-to-eat hemp cannabinoid products without a
328328 12 license issued under this Act.
329329 13 (d) Subject to the provisions of this Act, the Department
330330 14 may exercise the following powers and duties:
331331 15 (1) prescribe forms to be issued for the
332332 16 administration and enforcement of this Act;
333333 17 (2) examine, inspect, and investigate the premises,
334334 18 operations, and records of hemp food establishment
335335 19 applicants and licensees;
336336 20 (3) conduct investigations of possible violations of
337337 21 this Act pertaining to hemp food establishments; and
338338 22 (4) conduct hearings on proceedings to refuse to issue
339339 23 or renew licenses or to revoke, suspend, place on
340340 24 probation, reprimand, or otherwise discipline a license
341341 25 holder under this Act or take other nondisciplinary
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352352 1 action.
353353 2 (e) The Department may not limit the number of hemp food
354354 3 establishment licenses.
355355 4 (f) The Department shall not limit the number of licenses
356356 5 an individual may hold. Applicants for a hemp food
357357 6 establishment license must submit all information required by
358358 7 the Department. Failure by an applicant to submit all required
359359 8 information may result in the application being disqualified.
360360 9 (g) The Department may verify information contained in
361361 10 each application and accompanying documentation to assess the
362362 11 applicant's veracity and fitness to operate a hemp food
363363 12 establishment.
364364 13 (h) The Department may refuse to issue an authorization to
365365 14 any applicant who:
366366 15 (1) fails to disclose or falsifies any information
367367 16 called for in the application;
368368 17 (2) has been found guilty of a violation of this Act,
369369 18 who has had any disciplinary order entered against the
370370 19 applicant by the Department, who has entered into a
371371 20 disciplinary or nondisciplinary agreement with the
372372 21 Department, or whose hemp business establishment license
373373 22 was suspended, restricted, revoked, or denied in another
374374 23 state; or
375375 24 (3) has engaged in a pattern or practice of unfair or
376376 25 illegal practices, methods, or activities in the conduct
377377 26 of owning a hemp business establishment or other business.
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388388 1 (i) The Department shall deny the license if any principal
389389 2 officer, board member, or persons having a financial or voting
390390 3 interest of 5% or greater on the license is delinquent in
391391 4 filing any required tax returns or paying any amounts owed to
392392 5 the State.
393393 6 (j) The Department shall verify an applicant's compliance
394394 7 with the requirements of this Act and rules before issuing a
395395 8 hemp food establishment license.
396396 9 Section 30. Operational requirements of hemp food
397397 10 establishments.
398398 11 (a) A hemp food establishment dealing in the manufacture
399399 12 and sale of food items that does not comply with the existing
400400 13 State laws related to food handling or does not comply with the
401401 14 health and food handling regulations of a unit of local
402402 15 government having jurisdiction over the establishment may be
403403 16 enjoined from doing business in the following manner: the
404404 17 Department of Public Health or a local department of health
405405 18 may seek an injunction in the circuit court of the county in
406406 19 which the establishment is located. An injunction, if granted,
407407 20 shall prohibit the hemp food establishment from selling hemp
408408 21 cannabinoid products for human ingestion until it complies
409409 22 with any applicable State law or regulations of a unit of local
410410 23 government. However, no injunction may be sought or granted
411411 24 before January 1, 2025, to enforce any rule or regulation
412412 25 requiring a licensed food business to adhere to those rules
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423423 1 and regulations.
424424 2 (b) The Department of Public Health shall adopt and
425425 3 enforce rules for the manufacturing and processing of hemp
426426 4 cannabinoid products for human ingestions at a hemp food
427427 5 establishment, and, for that purpose, it may at all times
428428 6 enter every building, room, basement, enclosure, or premises
429429 7 occupied or used, or suspected of being occupied or used, for
430430 8 the production, preparation, manufacture for sale, storage,
431431 9 sale, processing, distribution, or transportation and to
432432 10 inspect the premises of a hemp food establishment together
433433 11 with all utensils, fixtures, furniture, and machinery used for
434434 12 the preparation of these products.
435435 13 (c) A hemp food establishment shall be under the
436436 14 operational supervision of a certified food service sanitation
437437 15 manager in accordance with rules adopted under this Act.
438438 16 (d) A hemp food establishment shall operate in accordance
439439 17 with the representations made in its application and license
440440 18 materials. It shall be in compliance with this Act and rules.
441441 19 (e) A hemp food establishment shall comply with the food
442442 20 handling, preparation, packaging and labeling provisions of
443443 21 the Illinois Food, Drug and Cosmetic Act, the Food Handling
444444 22 Regulation Enforcement Act, and the Sanitary Food Preparation
445445 23 Act.
446446 24 (f) A hemp food establishment that obtains a hemp retailer
447447 25 license may prepare and sell ready-to-eat hemp cannabinoid
448448 26 products.
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459459 1 (g) A hemp food establishment shall maintain compliance
460460 2 with State and local building, fire, and zoning requirements.
461461 3 (h) A hemp food establishment license allows for a hemp
462462 4 food establishment to be operated only at a single location.
463463 5 (i) A hemp food establishment shall ensure that any
464464 6 building or equipment used by the hemp food establishment for
465465 7 the storage, preparation, or sale of hemp cannabinoid products
466466 8 for human ingestion and ready-to-eat hemp cannabinoid products
467467 9 are maintained in a clean and sanitary condition.
468468 10 (j) A hemp food establishment shall be free from
469469 11 infestation by insects, rodents, or pests.
470470 12 (k) A hemp food establishment, when combined with an
471471 13 on-site hemp retailer license, allows for the preparation and
472472 14 sale of ready-to-eat hemp cannabinoid products.
473473 15 (l) A hemp food establishment license shall not give the
474474 16 establishment the right to:
475475 17 (1) grow hemp;
476476 18 (2) process hemp;
477477 19 (3) prepare and sell ready-to-eat hemp cannabinoid
478478 20 products to a purchaser unless the purchaser has been
479479 21 verified to be 21 years of age or older; or
480480 22 (4) violate any other requirements or prohibitions set
481481 23 by the Department of Health rules.
482482 24 Section 35. Recipes and dosing of ready-to-eat hemp
483483 25 cannabinoid products. In order to sell ready-to-eat hemp
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494494 1 cannabinoid products, a hemp food establishment shall:
495495 2 (1) keep THC dosing at or below 50 milligrams per
496496 3 serving;
497497 4 (2) submit a standard operating procedure for dosing
498498 5 to the Department of Public Health for approval and
499499 6 registration. The approval shall be granted within 30 days
500500 7 of submission unless the Department provides good cause,
501501 8 in writing, for withholding approval;
502502 9 (3) submit the recipe, at the hemp food
503503 10 establishment's expense, to a third-party testing
504504 11 laboratory for potency testing to ensure 0.3% THC
505505 12 compliance on an annual basis;
506506 13 (4) use only the varietal or proportional varietals of
507507 14 ingredients included in the tested recipe for all
508508 15 subsequent batches of the recipe; and
509509 16 (5) provide documentation of the annual test results
510510 17 of the recipe submitted under this paragraph upon
511511 18 registration and to an inspector upon request during any
512512 19 inspection authorized by the Department.
513513 20 Section 40. Disclosure and labeling of ready-to-eat hemp
514514 21 cannabinoid products.
515515 22 (a) Hemp food establishments must ensure that the total
516516 23 milligram content of each type of cannabinoid exceeding one
517517 24 milligram contained in each ready-to-eat hemp cannabinoid menu
518518 25 item is listed on the menu adjacent to the name or the price of
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529529 1 the associated menu item.
530530 2 (b) Hemp food establishments must ensure that served
531531 3 ready-to-eat hemp cannabinoid menu items include a label that:
532532 4 (1) indicates the total milligram content of the
533533 5 served items; and
534534 6 (2) provides a QR code for a link to a web page
535535 7 containing a copy of:
536536 8 (A) the testing results of the intermediate hemp
537537 9 product used;
538538 10 (B) the dosing standard operating procedure; and
539539 11 (C) a representative compliance test for the
540540 12 recipe.
541541 13 Section 45. Administrative hearings.
542542 14 (a) Administrative hearings involving licenses issued
543543 15 under this Act shall be conducted under the Department issuing
544544 16 the licenses' rules governing formal administrative
545545 17 proceedings.
546546 18 (b) The following administrative fines may be imposed by
547547 19 the Department upon any person or entity who violates any
548548 20 provision of this Act or any rule adopted by any State
549549 21 department under this Act:
550550 22 (1) a penalty of $2,500 for a first violation;
551551 23 (2) a penalty of $5,000 for a second violation at the
552552 24 same location within 2 years of the first violation; and
553553 25 (3) a penalty of $10,000 for a third or subsequent
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