HLS 23RS-245 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 605
BY REPRESENTATIVE SCHEXNAYDER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH: Provides relative to the regulation of consumable hemp products
1 AN ACT
2To amend and reenact R.S. 3:1481(11), (13), and (14), 1482(B)(1), 1483(A)(1)(introductory
3 paragraph), (B)(introductory paragraph), (2), and (4) through (7), (C)(introductory
4 paragraph), (D), (E)(introductory paragraph), (F)(introductory paragraph),
5 (G)(introductory paragraph), (1), and (2), and (H) through (L), and 1484(A)(1),
6 (B)(1)(a), (3), and (4), and (C) through (H), to enact R.S. 3:1481(15), 1483(F)(4) and
7 (M) through (P), and 1484(I), and to repeal R.S. 3:1482(E), relative to consumable
8 hemp products; to provide for definitions; to provide relative to the authority and
9 responsibilities of the Department of Health; to provide relative to fees collected by
10 the Department of Health; to provide for product requirements; to provide for limits
11 on servings and packages; to provide relative to the authority and responsibilities of
12 the office of alcohol and tobacco control; to provide relative to fees collected by the
13 office of alcohol and tobacco control; to provide for reporting requirements; and to
14 provide for related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 3:1481(11), (13), and (14), 1482(B)(1), 1483(A)(1)(introductory
17paragraph), (B)(introductory paragraph), (2), and (4) through (7), (C)(introductory
18paragraph), (D), (E)(introductory paragraph), (F)(introductory paragraph), (G)(introductory
19paragraph), (1), and (2), and (H) through (L), and 1484(A)(1), (B)(1)(a), (3), and (4), and (C)
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1through (H) are hereby amended and reenacted and R.S. 3:1481(15), 1483(F)(4) and (M)
2through (P), and 1484(I) are hereby enacted to read as follows:
3 §1481. Definitions
4 As used in this Part:
5 * * *
6 (11) "Serving" means the total amount of individual units or amount of
7 liquid of a product recommended by the manufacturer intended to be consumed at
8 a single time.
9 * * *
10 (13) "Synthetically-derived cannabinoid" means any cannabinoid created by
11 any process which includes a man-made chemical substance and increases the
12 concentration of a present cannabinoid or creates a new or different cannabinoid not
13 originally present in the consumable hemp product.
14 (13)(14) "THC" means a combination of any tetrahydrocannabinol and
15 tetrahydrocannabinolic acid.
16 (14)(15) "Wholesaler" means a wholesale seller, distributor, or packer of
17 consumable hemp products.
18 §1482. Consumable hemp products; prohibitions
19 * * *
20 B. No person shall process, sell, or offer for sale:
21 (1) Any alcoholic beverage containing cannabidiol any cannabinoid.
22 * * *
23 §1483. Product approval; consumable hemp processors; Louisiana Department of
24 Health
25 A. The Department of Health shall be responsible for the following:
26 (1) Reviewing and registering consumable hemp products to ensure the
27 products comply with the provisions of this Part.
28 (2) Reviewing and approving labels to ensure the labels comply with the
29 provisions of this Part.
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1 (3) Maintaining a list of registered consumable hemp products and verifying
2 the products on the list comply with the provisions of this Part.
3 (4) Issuing consumable hemp processing permits and regulating the
4 permitted facilities and permitees.
5 A.B.(1) Each consumable hemp processor shall obtain an annual consumable
6 hemp processor permit issued by the department. The department shall charge and
7 collect an annual consumable hemp processor permit fee. The fee shall be for each
8 separate processing facility and shall be based on the annual sales of such facility
9 according to the following schedule:
10 * * *
11 B.C. Any consumable hemp product that is manufactured, distributed,
12 imported, or sold for use in Louisiana shall meet the following criteria:
13 * * *
14 (2) Be approved and registered with the department in accordance with the
15 provisions of this Section. The department shall charge and collect a fee of not more
16 than fifty twenty-five dollars for each separate and distinct product registered. This
17 charge shall be in lieu of the charge collected pursuant to R.S. 40:628.
18 * * *
19 D. All consumable hemp products shall meet the following criteria in order
20 to receive approval from the department:
21 (4)(1) Not be marketed as dietary.
22 (5)(2) Not contain any active pharmaceutical ingredient (API) recognized by
23 the United States Food and Drug Administration other than cannabidiol a
24 cannabinoid. The provisions of this Paragraph shall not apply to products intended
25 for topical application.
26 (3) Be contained in tamper-evident packaging. A package shall be deemed
27 tamper-evident if it clearly indicates prior access to the container.
28 (4) Not be labeled, marketed, or intended for inhalation. Placement of "not
29 for inhalation", "do not inhale", "or similar language on the label or packaging shall
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1 not prohibit a determination by the department that the product is marketed or
2 intended for inhalation.
3 (5) Not be marketed to children.
4 (6) Not contain any type of cannabinoid that does not naturally occur in
5 hemp.
6 (7) Not contain any synthetically-derived cannabinoid.
7 (6)(8)(a) For consumable hemp products, a product shall not Not exceed a
8 total delta-9 THC concentration of more than 0.3 percent or a total THC
9 concentration of more than one percent. The total THC in a product shall not exceed
10 eight milligrams per serving. The provisions of this Subparagraph shall not apply
11 to floral hemp material.
12 (b) For floral hemp material, a product shall not exceed a total delta-9 THC
13 concentration of more than 0.3 percent on a dry weight basis or a total THC
14 concentration of more than one percent on a dry weight basis.
15 (c) Any consumable hemp product that exceeds the THC limits provided in
16 this Paragraph that was registered with the department prior to June 16, 2022, may
17 be sold in Louisiana until January 1, 2023.
18 (7)(9) A serving shall be clearly identified by one of the following means as
19 follows:
20 (a) The package contains a measuring device that measures single servings
21 of the product.
22 (b) The packaging clearly enables a consumer to determine when a single
23 serving has been consumed.
24 (a) For tinctures, extracts, concentrates, and other liquid-type products: the
25 package shall include a measuring device capable of administering a single serving.
26 (b) For beverages: a single can, bottle, or other container shall contain a
27 maximum of a single serving.
28 (c) For floral hemp material: a package shall contain a maximum of a single
29 serving.
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1 (d) For all other products:
2 (i) An individual unit shall constitute a single serving and shall be separate
3 and unattached to other units within a package.
4 (ii) Multiple servings shall not be combined into one unit.
5 (iii) A unit shall not be scored or separated in order to produce a single
6 serving.
7 (iv) A package shall contain a maximum of twenty servings.
8 C.E.(1) All labels shall meet the following criteria in order to receive
9 approval from the department:
10 * * *
11 D. In addition to the requirements provided in Subsections B and C of this
12 Section, floral hemp material shall:
13 (1) Be contained in tamper-evident packaging. A package shall be deemed
14 tamper-evident if it clearly indicates prior access to the container.
15 (2) Not be labeled or marketed for inhalation.
16 E.F.(1) The application for registration shall include a certificate of analysis
17 containing the following information:
18 * * *
19 (4) The test included on the certificate of analysis shall take place after any
20 modifications to floral hemp material have been completed.
21 F.G. The certificate of analysis required by Subsection E of this Section shall
22 be completed by an independent laboratory that meets the following criteria:
23 * * *
24 H. The department may require any applicant seeking registration of a
25 consumable hemp product to submit photographs or renderings of the product that
26 accurately depict the entirety of the product, including all accessories or physical
27 items included or sold with the product by the applicant, whether attached or not.
28 The department may also require submission of a specimen of the actual product and
29 all included accessories if the department determines in its sole discretion that
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1 submitted renderings or photographs do not allow a sufficient determination that the
2 product meets all applicable requirements of this Part or any rule promulgated by the
3 department pursuant to this Part.
4 I. To ensure products comply with the registration and labeling provisions
5 provided in this Part, the department may conduct randomized sampling, analyzing,
6 and testing of consumable hemp products approved by the department.
7 J.(1) The department shall refuse to register any consumable hemp product
8 that violates or fails to conform to any applicable provisions of this Part or any rules
9 promulgated by the department pursuant to his Part.
10 (2) The registration of any consumable hemp product that violates or fails
11 to conform to any applicable provision of this Part or any rules promulgated by the
12 department pursuant to this Part shall be subject to revocation.
13 G.K. The department shall:
14 (1) Conduct an initial review of any product submitted pursuant to this
15 Section and notify the submitting party of any deficiencies existing which prevent
16 the approval of the product within fifteen business days of the date of submission.
17 If the department fails to notify the submitting party within fifteen business days of
18 the date of submission, the product may be sold by a wholesaler or retailer permitted
19 pursuant to R.S. 3:1484 from the day following the fifteenth business day until the
20 submitting party receives final approval or denial from the department for the
21 product. The department shall indicate the product's temporary approval status on
22 its list of registered products.
23 (2) Provide a the list of registered products to the office of alcohol and
24 tobacco control, law enforcement, and other necessary entities as determined by the
25 department.
26 * * *
27 H.L. The provisions of this Section do not authorize any person to
28 manufacture, distribute, import, or sell any cannabinoid product derived from any
29 source other than hemp.
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1 I.M. Any facility processing industrial hemp products intended for human
2 consumption that do not meet the definition of consumable hemp product provided
3 in this Part shall be regulated in accordance with the State Food, Drug, and Cosmetic
4 Law.
5 J.N. Whoever processes consumable hemp products without a license shall
6 be subject to imprisonment at hard labor for not less than one year nor more than
7 twenty years and shall be fined not more than fifty thousand dollars.
8 K.O. The provisions of this Part shall not apply to any cannabinoid product
9 approved by the United States Food and Drug Administration or produced in
10 accordance with R.S. 40:1046.
11 L.P. The department shall promulgate rules and regulations in accordance
12 with the Administrative Procedure Act to implement the provisions of this Section.
13 In order to expedite implementation, the department shall utilize emergency
14 rulemaking. At a minimum, the The rules shall specify standards for product labels;
15 procedures for product and label approval; definitions for product types provided for
16 in Subsection B of this Section; limits for solvents, pesticides, microbials, and heavy
17 metals; requirements for accreditation for laboratories; any prohibited dosage
18 vehicles as determined by the department; and sanitary requirements specific to
19 consumable hemp processors; requirements to ensure the serving size and serving
20 identification criteria provided for in this Section are met; and procedures for denials
21 and revocations of products and permits.
22 §1484. Permit to sell; office of alcohol and tobacco control
23 A. The office of alcohol and tobacco control is responsible for the following:
24 (1) Issuing wholesaler, retailer, and special event permits and regulating the
25 permitted facilities and permitees.
26 (2) Ensuring permittees are not selling any consumable hemp products that
27 are not on the Department of Health's list of registered products.
28 A.B.(1) Each wholesaler of consumable hemp products shall apply for and
29 obtain a permit from the office of alcohol and tobacco control.
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1 * * *
2 B.C.(1)(a) Each person who sells or is about to engage in the business of
3 selling at retail any consumable hemp product shall first apply for and obtain a
4 permit for each place of business from the office of alcohol and tobacco control.
5 * * *
6 (3) The commissioner may establish and collect an annual retail permit fee
7 and an annual special event permit fee. The amount of each permit fee provided for
8 in this Subsection shall be based on the cost of the regulatory functions performed.
9 The annual retail permit fee shall not exceed two hundred fifty dollars and the annual
10 special event permit fee shall not exceed one hundred seventy-five dollars per year.
11 (4) No permit issued pursuant to this Section shall authorize the permittee
12 to sell or offer for sale any cannabinoid product derived from any source other than
13 hemp.
14 (4)(a)D.(1) No consumable hemp product shall be sold to any person under
15 the age of eighteen years.
16 (b)(2) No adult-use consumable hemp product shall be sold to any person
17 under the age of twenty-one years.
18 C. The commissioner may establish and collect an annual retail permit fee
19 and an annual special event permit fee. The amount of each permit fee provided for
20 in this Subsection shall be based on the cost of the regulatory functions performed.
21 and shall not exceed one hundred seventy-five dollars per year.
22 D.E. Any person who violates any of the provisions of this Part or rules
23 adopted pursuant to this Part; who alters, forges, or counterfeits, or uses without
24 authority any permit or other document provided for in this Part; who operates
25 without a permit; or who fails to collect or to timely pay the assessments, fees, and
26 penalties due or assessed pursuant to this Part shall be subject, in addition to any
27 unpaid assessments, late fees, or collection costs, to the civil penalties provided in
28 this Section. Each day on which a violation occurs shall constitute a separate
29 offense.
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1 * * *
2 E.F. In addition to the penalties provided in Subsection D of this Section,
3 any permittee who violates any provisions of this Part shall be subject to having his
4 permit suspended or revoked. Any fine imposed pursuant to this Part or the
5 revocation or suspension of a permit is in addition to and is not in lieu of or a
6 limitation on the imposition of any other penalty provided by law.
7 F.G. In addition to the commissioner's authority to revoke or suspend a
8 permit pursuant to this Section, the secretary of the Department of Revenue shall
9 order the commissioner to immediately suspend the retailer's permit if the secretary
10 determines that a consumable hemp product retailer has failed to timely file returns
11 or pay taxes as required by R.S. 47:1693. The secretary shall order the
12 commissioner to suspend the retailer's permit until the returns have been filed and
13 the taxes are paid. No permit shall be suspended for taxes which have been properly
14 protested or appealed by the retailer pursuant to R.S. 47:1565 or 1567.
15 G.H. The office of alcohol and tobacco control shall investigate any report
16 of a violation of a provision of this Part and report any criminal violation to the
17 appropriate law enforcement agency.
18 H.I. The commissioner shall adopt rules and regulations in accordance with
19 the Administrative Procedure Act to implement the provisions of this Section. The
20 rules shall not include any fees or penalties for any permit not provided for in this
21 Section, or any requirements for proof of Louisiana residency, criminal background
22 checks, diagrams of retail premises, or proof of lease or ownership of any retail
23 establishment.
24 Section 2. R.S. 3:1482(E) is hereby repealed in its entirety.
25 Section 3. Beginning July 1, 2023, and until July 1, 2025, the Department of Health
26shall submit a quarterly report to the House and Senate committees on health and welfare.
27The report shall detail the number and types of products submitted to the department, the
28number and types of products approved by the department, and the number and types of
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1products not approved by the department and the reasons therefor, and the number and types
2of products revoked by the department and the reasons therefor.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 605 Original 2023 Regular Session Schexnayder
Abstract: Provides for the regulation of consumable hemp products
Present law provides for definitions relative to consumable hemp products.
Proposed law adds a definition for "synthetically-derived cannabinoid".
Present law prohibits any person from processing, selling, or offer for sale any alcoholic
beverage containing cannabidiol.
Proposed law expands the prohibition to prohibit any from preson from processing, selling,
or offer for sale any alcoholic beverage containing any cannabinoid.
Present law provides that La.'s consumable hemp law shall be preempted by any federal
statute, federal regulation, or guidance from a federal government agency that is less
restrictive than the La.'s law.
Proposed law repeals present law.
Present law requires the La. Dept. of Health (LDH) to register consumable hemp products
approves labels of consumable hemp products, and permit consumable hemp processors.
Proposed law adds specific responsibilities of LDH relative to the regulatory role.
Present law authorizes LDH to collect a registration fee of $50 per consumable hemp
product.
Proposed law reduces the fee from $50 to $25.
Present law adds provisions that all consumable hemp products shall meet in order to receive
approval from LDH:
(1)Must be contained in tamper-evident packaging.
(2)Not be labeled, marketed, or intended for inhalation.
(3)Not be marketed to children.
(4)Not contain any type of cannabinoid that does not naturally occur in hemp.
(5)Not contain any synthetically-derived cannabinoid.
Present law provides that consumable hemp products, including floral hemp material, cannot
exceed a delta-9 THC concentration of more than 0.3% or a total THC concentration of more
than 1%. Present law further restricts all consumable hemp products except for floral hemp
material from exceeding 8mg of THC per serving.
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Proposed law removes the exemption for floral hemp material and applies the 8mg of THC
per serving limit on all consumable hemp products.
Proposed law provides the following restrictions on serving sizes:
(1)For tinctures, extracts, concentrates, and other liquid-type products: the
package shall include a measuring device capable of administering a single
serving.
(2)For beverages: a single can, bottle, or other container shall contain a
maximum of a single serving.
(3)For floral hemp material: a package shall contain a maximum of a single
serving.
(4)For all other products:
(a)An individual unit shall constitute a single serving and shall be
separate and unattached to other units within a package.
(b)Multiple servings shall not be combined into one unit.
(c)A unit shall not be scored or separated in order to produce a single
serving.
(d)A package shall contain a maximum of 20 servings.
Present law requires applications for consumable hemp product registration to include a
certificate of analysis.
Proposed law requires the test included on the certificate of analysis to take place after any
modifications to floral hemp material have been completed.
Proposed law authorizes LDH to require any applicant seeking registration of a consumable
hemp product to submit photographs or renderings of the product. Proposed law further
authorizes LDH to also require submission of a specimen of the actual product and all
included accessories if determined necessary by LDH.
Proposed law authorizes LDH to conduct randomized sampling, analyzing, and testing of
approved consumable hemp products.
Present law outlines provisions that are required to be included in LDH's administrative
rules.
Proposed law retains present law and adds additional provisions.
Present law provides regulatory authority the office of alcohol and tobacco control (ATC)
for wholesaler, retailer, and special event permits.
Proposed law adds specific responsibilities of ATC relative to the office's regulatory role.
Present law authorizes ATC to collect an annual retail permit fee of $175.
Proposed law increases the fee from $175 to $250.
Proposed law requires LDH to submit certain information regarding consumable hemp
products to the House and Senate health and welfare committees on a quarterly basis from
July 1, 2023, to July 1, 2025.
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HB NO. 605
Amends R.S. 3:1481(11), (13), and (14), 1482(B)(1), 1483(A)(1)(intro. para.), (B)(intro.
para.), (2), and (4) through (7), (C)(intro. para.), (D), (E)(intro. para.), (F)(intro. para.),
(G)(intro. para.), (1), and (2), and (H) through (L), and 1484(A)(1), (B)(1)(a), (3), and (4),
and (C) through (H); Adds R.S. 3:1481(15), 1483(F)(4) and (M) through (P), and 1484(I);
Repeals R.S. 3:1482(E))
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