CS for SB 1698                            Second Engrossed (ntc)
    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 appropriation; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Paragraph (b) of subsection (2), paragraphs (a),
   27  (e), and (f) of subsection (3), and subsection (7) of section
   28  581.217, Florida Statutes, are amended, and paragraph (h) is
   29  added to subsection (3) of that section, to read:
   30         581.217 State hemp program.—
   31         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
   32         (b) Hemp and hemp extract as defined in this section Hemp
   33  derived cannabinoids, including, but not limited to,
   34  cannabidiol, are not controlled substances or adulterants if
   35  they are in compliance with this section.
   36         (3) DEFINITIONS.—As used in this section, the term:
   37         (a) “Attractive to children” means manufactured in the
   38  shape of or packaged in containers displaying humans, cartoons,
   39  or animals, toys, or other features that target children;
   40  manufactured in a form or packaged in a container that bears any
   41  reasonable resemblance to an existing candy or snack product
   42  that is familiar to the public; manufactured in a form or
   43  packaged in a container that bears any reasonable resemblance to
   44  a as a widely distributed, branded food product such that the a
   45  product could be mistaken for the branded food product,
   46  especially by children; or containing any color additives.
   47         (e) “Hemp” means the plant Cannabis sativa L. and any part
   48  of that plant, including the seeds thereof, and all derivatives,
   49  extracts, cannabinoids, isomers, acids, salts, and salts of
   50  isomers thereof, whether growing or not, that has a total delta
   51  9-tetrahydrocannabinol concentration that does not exceed 0.3
   52  percent on a dry-weight basis, with the exception of hemp
   53  extract, which may not exceed 0.3 percent total delta-9
   54  tetrahydrocannabinol concentration on a wet-weight basis or that
   55  does not exceed 5 milligrams per serving and 50 milligrams per
   56  container on a wet-weight basis, whichever is less.
   57         (f) “Hemp extract” means hemp that is a substance or
   58  compound intended for ingestion or inhalation and that contains,
   59  containing more than trace amounts of a cannabinoid but, or for
   60  inhalation which is derived from or contains hemp and which does
   61  not contain controlled substances listed in s. 893.03; any
   62  quantity of synthetic cannabinoids; or delta-8
   63  tetrahydrocannabinol, delta-10-tetrahydrocannabinol,
   64  hexahydrocannabinol, tetrahydrocannabinol acetate,
   65  tetrahydrocannabiphorol, or tetrahydrocannabivarin. The term
   66  does not include synthetic cannabidiol or seeds or seed-derived
   67  ingredients that are generally recognized as safe by the United
   68  States Food and Drug Administration.
   69         (h)“Total delta-9-tetrahydrocannabinol concentration”
   70  means a concentration calculated as follows: [delta-9
   71  tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic
   72  acid]).
   75         (a) Hemp extract may only be manufactured, delivered, held,
   76  offered for sale, distributed, or and sold in this the state if
   77  the product:
   78         1. Has a certificate of analysis prepared by an independent
   79  testing laboratory that states:
   80         a. The hemp extract is the product of a batch tested by the
   81  independent testing laboratory;
   82         b. The batch contained a total delta-9-tetrahydrocannabinol
   83  concentration that did not exceed 0.3 percent pursuant to the
   84  testing of a random sample of the batch. However, if the batch
   85  is sold at retail, the batch must meet the total delta-9
   86  tetrahydrocannabinol concentration limits set forth in paragraph
   87  (3)(e) for hemp extract;
   88         c. The batch does not contain contaminants unsafe for human
   89  consumption; and
   90         d. The batch was processed in a facility that holds a
   91  current and valid permit issued by a human health or food safety
   92  regulatory entity with authority over the facility, and that
   93  facility meets the human health or food safety sanitization
   94  requirements of the regulatory entity. Such compliance must be
   95  documented by a report from the regulatory entity confirming
   96  that the facility meets such requirements.
   97         2. Is manufactured, delivered, held, offered for sale,
   98  distributed, or sold in a container that includes:
   99         a. A scannable barcode or quick response code linked to the
  100  certificate of analysis of the hemp extract batch by an
  101  independent testing laboratory;
  102         b. The batch number;
  103         c. The Internet address of a website where batch
  104  information may be obtained;
  105         d. The expiration date; and
  106         e. The number of milligrams of each marketed cannabinoid
  107  per serving; and
  108         f.The toll-free telephone number for the national Poison
  109  Help line, (800)222-1222.
  110         3. Is manufactured, delivered, held, offered for sale,
  111  distributed, or sold in a container that:
  112         a. Is suitable to contain products for human consumption;
  113         b. Is composed of materials designed to minimize exposure
  114  to light;
  115         c. Mitigates exposure to high temperatures;
  116         d. Is not attractive to children; and
  117         e. Is compliant with the United States Poison Prevention
  118  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
  119  regard to provided exemptions.
  120         (b) Hemp extract may only be sold to or procured by a
  121  business in this state if that business is properly permitted as
  122  required by this section. A business or food establishment may
  123  not possess hemp extract products that are attractive to
  124  children.
  125         (c) Hemp extract manufactured, delivered, held, offered for
  126  sale, distributed, or sold in this state is subject to the
  127  applicable requirements of chapter 500, chapter 502, or chapter
  128  580.
  129         (d) Products that are intended for human ingestion or
  130  inhalation and that contain hemp extract, including, but not
  131  limited to, snuff, chewing gum, and other smokeless products,
  132  may not be sold in this state to a person who is under 21 years
  133  of age. A person who violates this paragraph commits a
  134  misdemeanor of the second degree, punishable as provided in s.
  135  775.082 or s. 775.083. A person who commits a second or
  136  subsequent violation of this paragraph within 1 year after the
  137  initial violation commits a misdemeanor of the first degree,
  138  punishable as provided in s. 775.082 or s. 775.083.
  139         (e) Hemp extract possessed, manufactured, delivered, held,
  140  offered for sale, distributed, or sold in violation of this
  141  subsection by an entity regulated under chapter 500 is subject
  142  to s. 500.172 and penalties as provided in s. 500.121. Hemp
  143  extract products found to be mislabeled or attractive to
  144  children are subject to an immediate stop-sale order. The
  145  department may not grant permission to remove or use, except for
  146  disposal, hemp extract products subject to a stop-sale order
  147  which are attractive to children until the department determines
  148  that the hemp extract products comply with state law.
  149         (f)1.An event organizer may not promote, advertise, or
  150  facilitate an event where:
  151         a.Hemp extract products that do not comply with general
  152  law, including hemp extract products that are not from an
  153  approved source as provided in sub-subparagraph (a)1.d., are
  154  sold or marketed; or
  155         b.Hemp extract products are sold or marketed by businesses
  156  that are not properly permitted as required by this section and
  157  chapter 500.
  158         2.Before an event where hemp extract products are sold or
  159  marketed, an event organizer must provide to the department a
  160  list of the businesses selling or marketing hemp extract
  161  products at the event and verify that each business is only
  162  selling hemp products from an approved source. The event
  163  organizer must ensure that each participating business is
  164  properly permitted as required by this section and chapter 500.
  165         3.A person who violates this paragraph is subject to an
  166  administrative fine in the Class III category under s. 570.971
  167  for each violation.
  168         Section 2. For the 2024-2025 fiscal year, the sum of $2
  169  million in nonrecurring funds is appropriated from the General
  170  Revenue Fund to the Department of Law Enforcement for the
  171  purchase of testing equipment necessary to implement this act.
  172         Section 3. This act shall take effect October 1, 2024.