Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 438
       
       
       
       
       
       
                                Ì100076ÈÎ100076                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2025           .                                
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       The Committee on Agriculture (Burton) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 186 - 303
    4  and insert:
    5  certificate of analysis of the final hemp extract batch by a
    6  certified marijuana an independent testing laboratory;
    7         b. The batch number;
    8         c. The Internet address of a website where batch
    9  information may be obtained;
   10         d. The expiration date; and
   11         e. The number of milligrams of each marketed cannabinoid
   12  per serving; and
   13         f.The toll-free telephone number for the national Poison
   14  Help line.
   15         4.3. Is distributed or sold in a container that:
   16         a. Is suitable to contain products for human consumption;
   17         b. Is composed of materials designed to minimize exposure
   18  to light;
   19         c. Mitigates exposure to high temperatures;
   20         d. Is not attractive to children; and
   21         e. Is compliant with the United States Poison Prevention
   22  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
   23  regard to provided exemptions.
   24         (b) Except as required under this section for the retail
   25  sale of THC-infused beverages, hemp extract may only be sold to
   26  or procured by a business in this state if that business is
   27  properly permitted as required by chapter 500 this section. A
   28  business or food establishment may not possess hemp or hemp
   29  extract products that are attractive to children. Unpermitted
   30  business sales, street sales, or festival sales are not allowed.
   31  A business or food establishment permitted to sell hemp or hemp
   32  extract may not be located within 500 feet of a school or day
   33  care facility, a retail outlet engaged in the business of
   34  selling motor fuel, or a retail facility in possession of a
   35  valid permit to sell hemp or hemp extract. Businesses and food
   36  establishments permitted to sell hemp or hemp extract:
   37         1.May not advertise the availability of such products in a
   38  manner that is visible to members of the public from any street,
   39  sidewalk, park, or other public place. A business or food
   40  establishment permitted to sell hemp extract may not use a trade
   41  name, a logo, or advertising that contains wording or images
   42  that are attractive to children; that implies that such products
   43  confer health or medical benefits that are unsubstantiated; or
   44  that suggests that the business or food establishment is
   45  affiliated with a medical office or other health care facility.
   46  Advertising may not use the terms “THC” or “medical card” or
   47  similar terms.
   48         2.Shall keep records pertaining to lab testing results and
   49  the suppliers of hemp extract products for a minimum of 3 years
   50  and shall have procedures in place to effect a recall of any
   51  hemp extract later determined to be unsafe for human
   52  consumption.
   53         3.Shall store all such products out of reach of customers,
   54  either in a controlled area accessible only to employees or in a
   55  locked display case, excluding hemp-infused beverages.
   56         (c) Hemp extract distributed or sold in this state is
   57  subject to the applicable requirements of chapter 500, chapter
   58  502, or chapter 580.
   59         (d) Products that are intended for human ingestion or
   60  inhalation and that contain hemp extract, including, but not
   61  limited to, THC-infused beverages, snuff, chewing gum, and other
   62  smokeless products, may not be sold in this state to a person
   63  who is under 21 years of age. A person who violates this
   64  paragraph commits a misdemeanor of the second degree, punishable
   65  as provided in s. 775.082 or s. 775.083. A person who commits a
   66  second or subsequent violation of this paragraph within 1 year
   67  after the initial violation commits a misdemeanor of the first
   68  degree, punishable as provided in s. 775.082 or s. 775.083.
   69         (e) Hemp extract possessed, manufactured, delivered, held,
   70  offered for sale, distributed, or sold in violation of this
   71  subsection by an entity regulated under chapter 500 is subject
   72  to s. 500.172 and penalties as provided in s. 500.121. Hemp
   73  extract products found to be mislabeled or attractive to
   74  children are subject to an immediate stop-sale order. The
   75  department may not grant permission to remove or use, except for
   76  disposal, hemp extract products subject to a stop-sale order
   77  which are attractive to children until the department has
   78  determined that the hemp extract products comply with state law.
   79         (f)1.An event organizer may not promote, advertise, or
   80  facilitate an event where:
   81         a.Hemp extract products that do not comply with general
   82  law, including hemp extract products that are not from an
   83  approved source as provided in sub-subparagraph (a)2., are sold
   84  or marketed; or
   85         b.Hemp extract products are sold or marketed by businesses
   86  that are not properly permitted as required by this section and
   87  chapter 500.
   88         2.Before an event where hemp extract products are sold or
   89  marketed, an event organizer must provide to the department a
   90  list of the businesses selling or marketing hemp extract
   91  products at the event and verify that each business is selling
   92  hemp products only from an approved source. The event organizer
   93  must ensure that each participating business is properly
   94  permitted as required by this section and chapter 500.
   95         3.A person who violates this paragraph is subject to an
   96  administrative fine in the Class III category under s. 570.971
   97  for each violation.
   98         (8) TESTING.—
   99         (a)Each final batch of hemp extract must be tested using a
  100  certified marijuana testing laboratory before it may be sold in
  101  this state. Test results must be verified and signed by two
  102  laboratory employees. The certified marijuana testing laboratory
  103  must determine whether the test results indicate that the
  104  product meets the definition of hemp and hemp extract, the
  105  labeling of the concentration of tetrahydrocannabinol and
  106  cannabidiol is accurate, and the product is free from
  107  contaminants that are unsafe for human consumption.
  108         (b)The department shall create procedures for the
  109  treatment of hemp extract that fails to meet the testing
  110  requirements of this section or department rule.
  111         (c)The department may select and test samples of hemp
  112  extract from a retail store, hemp distributor, or hemp
  113  cultivator to determine whether the product meets the
  114  requirements of this section, is safe for human consumption, and
  115  is accurately labeled.
  116         (d)A retail store must recall hemp extract that fails to
  117  meet the requirements of this section, is unsafe for human
  118  consumption, or is mislabeled.
  119         (e)The certified marijuana testing laboratory must retain
  120  records of all testing and samples of each final batch of hemp
  121  extract for 9
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 40 - 51
  126  and insert:
  127         requiring that each final batch of hemp extract be
  128         tested in a certified marijuana testing laboratory
  129         before it may be sold in this state; providing
  130         construction; requiring the department to create
  131         procedures for the testing of hemp extract that fails
  132         to meet specified requirements; authorizing the
  133         department to select and test samples of hemp extract
  134         from a retail store, hemp distributor, or hemp
  135         cultivator for certain purposes; requiring retail
  136         stores to recall hemp extract that fails to meet
  137         specified requirements; requiring that a certified
  138         marijuana testing laboratory retain records of each
  139         final batch of tested and sampled hemp extract for a
  140         specified