Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 1876
Senate . House
The Committee on Innovation, Industry, and Technology (Montford)
recommended the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (n) of subsection (1) of section
6 500.03, Florida Statutes, is amended to read:
7 500.03 Definitions; construction; applicability.—
8 (1) For the purpose of this chapter, the term:
9 (n) “Food” includes:
10 1. Articles used for food or drink for human consumption;
11 2. Chewing gum;
12 3. Articles used for components of any such article;
13 4. Articles for which health claims are made, which claims
14 are approved by the Secretary of the United States Department of
15 Health and Human Services and which claims are made in
16 accordance with s. 343(r) of the federal act, and which are not
17 considered drugs solely because their labels or labeling contain
18 health claims;
19 5. Dietary supplements as defined in 21 U.S.C. s.
20 321(ff)(1) and (2); and
21 6. Hemp extract as defined in s. 581.217.
23 The term includes any raw, cooked, or processed edible
24 substance; ice; any beverage; or any ingredient used, intended
25 for use, or sold for human consumption.
26 Section 2. Paragraph (a) of subsection (1) of section
27 500.12, Florida Statutes, is amended to read:
28 500.12 Food permits; building permits.—
29 (1)(a) A food permit from the department is required of any
30 person who operates a food establishment or retail food store,
32 1. Persons operating minor food outlets that sell food,
33 except hemp extract, that is commercially prepackaged, not
34 potentially hazardous, and not time or temperature controlled
35 for safety, if the shelf space for those items does not exceed
36 12 total linear feet and no other food is sold by the minor food
38 2. Persons subject to continuous, onsite federal or state
40 3. Persons selling only legumes in the shell, either
41 parched, roasted, or boiled.
42 4. Persons selling sugar cane or sorghum syrup that has
43 been boiled and bottled on a premise located within the state.
44 Such bottles must contain a label listing the producer’s name
45 and street address, all added ingredients, the net weight or
46 volume of the product, and a statement that reads, “This product
47 has not been produced in a facility permitted by the Florida
48 Department of Agriculture and Consumer Services.”
49 Section 3. Paragraph (e) of subsection (3) and subsections
50 (4), (7), (9), (11), (12), and (14) of section 581.217, Florida
51 Statutes, are amended, and subsection (15) is added to that
52 section, to read:
53 581.217 State hemp program.—
54 (3) DEFINITIONS.—As used in this section, the term:
55 (e) “Hemp extract” means a substance or compound intended
56 for ingestion or inhalation which that is derived from or
57 contains hemp and which that does not contain other controlled
58 substances. The term does not include synthetic CBD or seeds or
59 seed-derived ingredients that are generally recognized as safe
60 by the United States Food and Drug Administration.
61 (4) FEDERAL APPROVAL.—The department shall seek approval of
62 the state plan for the regulation of the cultivation of hemp
63 with the United States Secretary of Agriculture in accordance
64 with 7 U.S.C. s. 1639p within 30 days after adopting rules. If
65 the state plan is not approved by the United States Secretary of
66 Agriculture, the Commissioner of Agriculture, in consultation
67 with and with final approval from the Administration Commission,
68 shall develop a recommendation to amend the state plan and
69 submit the recommendation to the Legislature. If revisions to
70 the state plan may be made without statutory changes, the
71 department, in consultation with and with final approval from
72 the Administration Commission, must submit an amended plan to
73 the United States Secretary of Agriculture.
74 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—
75 (a) Hemp extract may only be distributed and sold in the
76 state if the product:
77 1. (a) Has a certificate of analysis prepared by an
78 independent testing laboratory that states:
79 a. 1. The hemp extract is the product of a batch tested by
80 the independent testing laboratory;
81 b. 2. The batch contained a total delta-9
82 tetrahydrocannabinol concentration that did not exceed 0.3
83 percent on a dry-weight basis pursuant to the testing of a
84 random sample of the batch; and
85 c. 3. The batch does not contain contaminants unsafe for
86 human consumption.
87 2. (b) Is distributed or sold in a container packaging that
89 a. 1. A scannable barcode or quick response code linked to
90 the certificate of analysis of the hemp extract batch by an
91 independent testing laboratory;
92 b. 2. The batch number;
93 c. 3. The Internet address of a website where batch
94 information may be obtained;
95 d. 4. The expiration date; and
96 e. 5. The number of milligrams of each marketed cannabinoid
97 per serving hemp extract ; and
98 6. A statement that the product contains a total delta-9
99 tetrahydrocannabinol concentration that does not exceed 0.3
100 percent on a dry-weight basis.
101 (b) Hemp extract distributed or sold in violation of this
102 section shall be considered adulterated or misbranded pursuant
103 to chapter 500, chapter 502, or chapter 580.
104 (c) Products that are intended for inhalation and contain
105 hemp extract may not be sold in this state to a person who is
106 under 21 years of age.
107 (9) DEPARTMENT REPORTING.—The department shall submit
108 monthly to the United States Secretary of Agriculture a report
109 of the locations in the state where hemp is cultivated or has
110 been cultivated within the past 3 calendar years. The report
111 must include the contact information for each licensee and the
112 total acreage of hemp planted, harvested, and, if applicable,
113 disposed of by each licensee.
114 (11) ENFORCEMENT.—
115 (a) The department shall enforce this section.
116 (b) Every state attorney, sheriff, police officer, and
117 other appropriate county or municipal officer shall enforce, or
118 assist any agent of the department in enforcing, this section
119 and rules adopted by the department.
120 (c) The department, or its agent, is authorized to enter
121 any public or private premises during regular business hours in
122 the performance of its duties relating to hemp cultivation.
123 (d) The department shall conduct random inspections, at
124 least annually, of each licensee to ensure that only certified
125 hemp seeds are being used and that hemp is being cultivated in
126 compliance with this section. The department may contract with
127 entities to provide sample collection, laboratory testing, and
128 disposal services to implement this section. The contracts are
129 exempt from chapter 287.
130 (e) If the department finds that Cannabis sativa L. was
131 produced with a total delta-9-tetrahydrocannabinol concentration
132 that exceeds 0.3 percent, the director shall notify the licensee
133 of such result. The licensee shall, within 10 days after
134 receiving the notice, cause the removal and destruction of the
135 plants in accordance with methods adopted by the department. If
136 the licensee refuses or neglects to comply with the terms of the
137 notice within 10 days after receiving it, the director or her or
138 his authorized representative may, under authority of the
139 department, proceed to destroy the plants. The expense of the
140 removal or destruction shall be assessed, collected, and
141 enforced against the licensee by the department. Damages may not
142 be awarded to the licensee for the destruction of the plants
143 under this paragraph.
144 (12) RULES.— By August 1, 2019, The department, in
145 consultation with the Department of Health and the Department of
146 Business and Professional Regulation, shall initiate rulemaking
147 to administer the state hemp program. The rules must provide
149 (a) A procedure that uses post-decarboxylation or other
150 similarly reliable methods and a measure of uncertainty for
151 testing the delta-9-tetrahydrocannabinol concentration of
152 cultivated hemp. This procedure must meet the requirements of
153 the rules adopted by the United States Department of
155 (b) A procedure for the effective disposal of plants,
156 whether growing or not, that are cultivated in violation of this
157 section or department rules, and products derived from those
158 plants. The procedure must provide for the disposal of such
159 plants in accordance with the federal Controlled Substances Act
160 and regulations of the Drug Enforcement Administration.
161 (14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp
162 Advisory Council, an advisory council as defined in s. 20.03, is
163 established to provide information, advice, and expertise to the
164 department with respect to plans, policies, and procedures
165 applicable to the administration of the state hemp program.
166 (a) The advisory council is adjunct to the department for
167 administrative purposes.
168 (b) The advisory council shall be composed of all of the
169 following members:
170 1. Two members appointed by the Commissioner of
172 2. Two members appointed by the Governor.
173 3. Two members appointed by the President of the Senate.
174 4. Two members appointed by the Speaker of the House of
176 5. The dean for research of the Institute of Food and
177 Agricultural Sciences of the University of Florida or his or her
179 6. The president of Florida Agricultural and Mechanical
180 University or his or her designee.
181 7. The executive director of the Department of Law
182 Enforcement or his or her designee.
183 8. The president of the Florida Sheriffs Association or his
184 or her designee.
185 9. The president of the Florida Police Chiefs Association
186 or his or her designee.
187 10. The president of the Florida Farm Bureau Federation or
188 his or her designee.
189 11. The president of the Florida Fruit and Vegetable
190 Association or his or her designee.
191 (c) Each advisory council member shall be appointed to a 4
192 year term, and any vacancy in the membership of the council must
193 be filled in the same manner as the original appointment for the
194 remainder of the unexpired term. For the purpose of achieving
195 staggered terms, the initial members appointed to the council
196 shall serve the following terms:
197 1. Four years for members appointed by the Governor.
198 2. Three years for members appointed by the President of
199 the Senate or the Speaker of the House of Representatives.
200 3. Three years for members appointed by the Commissioner of
202 4. Two years for all other appointed members.
203 (d) (c) The advisory council shall elect by a two-thirds
204 vote of the members one member to serve as chair of the council.
205 The chair shall serve for a term of 1 year.
206 (e) (d) A majority of the members of the advisory council
207 constitutes a quorum.
208 (f) (e) The advisory council shall meet at least once
209 annually at the call of the chair.
210 (g) (f) Advisory council members shall serve without
211 compensation and are not entitled to reimbursement for per diem
212 or travel expenses.
213 (15) FEES.—By December 1, 2020, the department shall submit
214 a report to the President of the Senate and the Speaker of the
215 House of Representatives which provides recommendations for
216 initial license application fees and license renewal fees
217 sufficient to cover the costs of implementing and administering
218 this section. If such fees do not cover the costs of inspections
219 and testing, the department shall include a separate cost
220 breakdown for any other program fees that the department
221 recommends and anticipates are necessary.
222 Section 4. This act shall take effect upon becoming a law.
224 ================= T I T L E A M E N D M E N T ================
225 And the title is amended as follows:
226 Delete everything before the enacting clause
227 and insert:
228 A bill to be entitled
229 An act relating to the state hemp program; amending s.
230 500.03, F.S.; revising the definition of the term
231 “food” to include hemp extract for purposes of the
232 Florida Food Safety Act; amending s. 500.12, F.S.;
233 providing that a person operating a minor food outlet
234 that sells hemp extract is not exempt from certain
235 food permit requirements; amending s. 581.217, F.S.;
236 redefining the term “hemp extract”; directing the
237 Department of Agriculture and Consumer Services, in
238 consultation with the Administration Commission, to
239 submit an amended plan for the state program to the
240 United States Secretary of Agriculture under certain
241 circumstances; providing that hemp extract that does
242 not meet certain requirements will be considered
243 adulterated or misbranded; prohibiting the sale of
244 certain hemp extract products to individuals under a
245 specified age; revising the contents of the
246 department’s required monthly report to the United
247 States Secretary of Agriculture; authorizing the
248 department to contract with entities to provide
249 certain collection, testing, and disposal services;
250 providing that such contracts are exempt from
251 specified provisions; requiring the director of the
252 Division of Plant Industry to notify a licensee of
253 certain findings; requiring such licensee or, if the
254 licensee fails to act within a specified timeframe,
255 authorizing the director, to remove and destroy
256 certain plants; requiring that expenses associated
257 with such removal or destruction be assessed,
258 collected, and enforced against the licensee;
259 prohibiting the award of certain damages; requiring
260 program rules to include specified sampling and
261 disposal procedures; providing terms for advisory
262 council members and the council chair; providing
263 requirements for filling advisory council vacancies;
264 directing the department to submit a report that
265 provides recommendations for program fees to the
266 Legislature by a specified date; providing an
267 effective date.