Florida Senate - 2024                             CS for SB 1698
       By the Committee on Agriculture; and Senator Burton
       575-02409-24                                          20241698c1
    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; and
  109         f.The toll-free telephone number for the national Poison
  110  Help line, (800)222-1222.
  111         3. Is manufactured, delivered, held, offered for sale,
  112  distributed, or sold in a container that:
  113         a. Is suitable to contain products for human consumption;
  114         b. Is composed of materials designed to minimize exposure
  115  to light;
  116         c. Mitigates exposure to high temperatures;
  117         d. Is not attractive to children; and
  118         e. Is compliant with the United States Poison Prevention
  119  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
  120  regard to provided exemptions.
  121         (b) Hemp extract may only be sold to or procured by a
  122  business in this state if that business is properly permitted as
  123  required by this section. A business or food establishment may
  124  not possess hemp extract products that are attractive to
  125  children.
  126         (c) Hemp extract manufactured, delivered, held, offered for
  127  sale, distributed, or sold in this state is subject to the
  128  applicable requirements of chapter 500, chapter 502, or chapter
  129  580.
  130         (d) Products that are intended for human ingestion or
  131  inhalation and that contain hemp extract, including, but not
  132  limited to, snuff, chewing gum, and other smokeless products,
  133  may not be sold in this state to a person who is under 21 years
  134  of age. A person who violates this paragraph commits a
  135  misdemeanor of the second degree, punishable as provided in s.
  136  775.082 or s. 775.083. A person who commits a second or
  137  subsequent violation of this paragraph within 1 year after the
  138  initial violation commits a misdemeanor of the first degree,
  139  punishable as provided in s. 775.082 or s. 775.083.
  140         (e) Hemp extract possessed, manufactured, delivered, held,
  141  offered for sale, distributed, or sold in violation of this
  142  subsection by an entity regulated under chapter 500 is subject
  143  to s. 500.172 and penalties as provided in s. 500.121. Hemp
  144  extract products found to be mislabeled or attractive to
  145  children are subject to an immediate stop-sale order. The
  146  department may not grant permission to remove or use, except for
  147  disposal, hemp extract products subject to a stop-sale order
  148  which are attractive to children until the department determines
  149  that the hemp extract products comply with state law.
  150         (f)1.An event organizer may not promote, advertise, or
  151  facilitate an event where:
  152         a.Hemp extract products that do not comply with general
  153  law, including hemp extract products that are not from an
  154  approved source as provided in sub-subparagraph (a)1.d, are sold
  155  or marketed; or
  156         b.Hemp extract products are sold or marketed by businesses
  157  that are not properly permitted as required by this section and
  158  chapter 500.
  159         2.Before an event where hemp extract products are sold or
  160  marketed, an event organizer must provide to the department a
  161  list of the businesses selling or marketing hemp extract
  162  products at the event and verify that each business is only
  163  selling hemp products from an approved source. The event
  164  organizer must ensure that each participating business is
  165  properly permitted as required by this section and chapter 500.
  166         3.A person who violates this paragraph is subject to an
  167  administrative fine in the Class III category under s. 570.971
  168  for each violation.
  169         Section 2. This act shall take effect July 1, 2024.