Florida Senate - 2024                                    SB 1698
       By Senator Burton
       12-00581B-24                                          20241698__
    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 effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Paragraph (b) of subsection (2), paragraphs (a),
   26  (e), and (f) of subsection (3), and subsection (7) of section
   27  581.217, Florida Statutes, are amended, and paragraph (h) is
   28  added to subsection (3) of that section, to read:
   29         581.217 State hemp program.—
   30         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
   31         (b) Hemp and hemp extract as defined in this section Hemp
   32  derived cannabinoids, including, but not limited to,
   33  cannabidiol, are not controlled substances or adulterants if
   34  they are in compliance with this section.
   35         (3) DEFINITIONS.—As used in this section, the term:
   36         (a) “Attractive to children” means manufactured in the
   37  shape of or packaged in containers displaying humans, cartoons,
   38  or animals, toys, novel shapes, animations, promotional
   39  characters, licensed characters, or other features that
   40  specifically target children; manufactured in a form or packaged
   41  in a container that bears any reasonable resemblance to an
   42  existing candy or snack product that is familiar to the public;
   43  manufactured in a form or packaged in a container that bears any
   44  reasonable resemblance to a as a widely distributed, branded
   45  food product such that the a product could be mistaken for the
   46  branded food product, especially by children; or containing any
   47  color additives; or, for hemp extract intended for inhalation,
   48  the addition of any 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]).
   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.
  109         3. Is manufactured, delivered, held, offered for sale,
  110  distributed, or sold in a container that:
  111         a. Is suitable to contain products for human consumption;
  112         b. Is composed of materials designed to minimize exposure
  113  to light;
  114         c. Mitigates exposure to high temperatures;
  115         d. Is not attractive to children; and
  116         e. Is compliant with the United States Poison Prevention
  117  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
  118  regard to provided exemptions.
  119         (b) Hemp extract may only be sold to or procured by a
  120  business in this state if that business is properly permitted as
  121  required by this section. A business or food establishment may
  122  not possess hemp extract products that are attractive to
  123  children.
  124         (c) Hemp extract manufactured, delivered, held, offered for
  125  sale, distributed, or sold in this state is subject to the
  126  applicable requirements of chapter 500, chapter 502, or chapter
  127  580.
  128         (d) Products that are intended for human ingestion or
  129  inhalation and that contain hemp extract, including, but not
  130  limited to, snuff, chewing gum, and other smokeless products,
  131  may not be sold in this state to a person who is under 21 years
  132  of age. A person who violates this paragraph commits a
  133  misdemeanor of the second degree, punishable as provided in s.
  134  775.082 or s. 775.083. A person who commits a second or
  135  subsequent violation of this paragraph within 1 year after the
  136  initial violation commits a misdemeanor of the first degree,
  137  punishable as provided in s. 775.082 or s. 775.083.
  138         (e) Hemp extract possessed, manufactured, delivered, held,
  139  offered for sale, distributed, or sold in violation of this
  140  subsection by an entity regulated under chapter 500 is subject
  141  to s. 500.172 and penalties as provided in s. 500.121. Hemp
  142  extract products found to be mislabeled or attractive to
  143  children are subject to an immediate stop-sale order. The
  144  department may not grant permission to remove or use, except for
  145  disposal, hemp extract products subject to a stop-sale order
  146  which are attractive to children until the department determines
  147  that the hemp extract products comply with state law.
  148         (f)1.An event organizer may not promote, advertise, or
  149  facilitate an event where:
  150         a.Hemp extract products that do not comply with general
  151  law, including hemp extract products that are not from an
  152  approved source as provided in sub-subparagraph (a)1.d, are sold
  153  or marketed; or
  154         b.Hemp extract products are sold or marketed by businesses
  155  that are not properly permitted as required by this section and
  156  chapter 500.
  157         2.Before an event where hemp extract products are sold or
  158  marketed, an event organizer must provide to the department a
  159  list of the businesses selling or marketing hemp extract
  160  products at the event and verify that each business is only
  161  selling hemp products from an approved source. The event
  162  organizer must ensure that each participating business is
  163  properly permitted as required by this section and chapter 500.
  164         3.A person who violates this paragraph is subject to an
  165  administrative fine in the Class III category under s. 570.971
  166  for each violation.
  167         Section 2. This act shall take effect July 1, 2024.