Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1876
                              LEGISLATIVE ACTION                        
                    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; and
   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,
   31  except:
   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
   37  outlet.
   38         2. Persons subject to continuous, onsite federal or state
   39  inspection.
   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.
   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
   88  includes:
   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
  148  for:
  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
  154  Agriculture.
  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
  171  Agriculture.
  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
  175  Representatives.
  176         5. The dean for research of the Institute of Food and
  177  Agricultural Sciences of the University of Florida or his or her
  178  designee.
  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
  201  Agriculture.
  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.