The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 198 Reengrossed 2023 Regular Session Jackson
Present law requires the department to conduct an initial review of any product submitted pursuant
to present law and to notify the submitting party of any deficiencies existing which prevent the
approval of the product within 15 business days of the date of submission.
Proposed law retains present law.
Present law provides that if the department fails to notify the submitting party within the time period
required by present law the product may be sold by a wholesaler or retailer permitted pursuant to
present law from the day following the 15th business day until the submitting party receives final
approval or denial from the department for the product.
Proposed law retains present law and requires the department to allow any product that is pending
approval and is affixed with a pending approval sticker to be stored by the retailer or wholesaler in
a separate storage area, without the product being confiscated pending the final approval or denial
from the department.
Proposed law requires the department to allow the retailer or wholesaler five business days from the
date of the denial notification to remove the product from store shelves and place the product in a
separate offsite storage area.
Proposed law provides that the retailer or wholesaler shall have 30 calendar days from the date of
the denial notification from the department, to return the product to the supplier or manufacturer.
Proposed law further provides that any product not returned by the 30th calendar day shall be
confiscated or destroyed at any time by the department.
Present law authorizes the commissioner to establish and collect an annual retail permit fee and an
annual special event permit fee in an amount based on the cost of the regulatory functions performed
and not exceed $175 per year.
Proposed law retains present law and requires the commissioner to electronically notify each retailer,
within five business days, of the legal status if consumable hemp products are declared illegal to sell
in the state.
Proposed law provides the retailer or wholesaler shall have 30 calendar days from the date of the
denial notification from the commissioner, to return the product to the supplier or manufacturer.
Proposed law further provides that any product not returned by the 30th calendar day shall be
confiscated or destroyed at any time by the commissioner if discovered on a permitted property. Effective August 1, 2023.
(Amends R.S. 3:1483(G)(1) and 1484(C))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Removes proposed law requiring the retailer or wholesaler to submit proof of
contacting the supplier or manufacturer to return the product within five business
days of the date of the denial notification from the department.
2. Adds language to allow the retailer or wholesaler 30 calendar days from the date of
the denial notification from the department to return the product to the supplier or
manufacturer, and authorizes the department to confiscate or destroy any product not
returned by the 30th calendar day.
3. Removes proposed law allowing the retailer six months after the day the
commissioner receives the list, to sell the consumable hemp products identified in the
detailed inventory list.
4. Adds language to allow the retailer or wholesaler 30 calendar days from the date of
the denial notification from the commissioner, to return the product to the supplier
or manufacturer, and authorizes the commissioner to confiscate or destroy any
product not returned by the 30th calendar day if discovered on a permitted property.