Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1876
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Agriculture (Montford) recommended the
    1         Senate Substitute for Amendment (697874) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (n) of subsection (1) of section
    7  500.03, Florida Statutes, is amended to read:
    8         500.03 Definitions; construction; applicability.—
    9         (1) For the purpose of this chapter, the term:
   10         (n) “Food” includes:
   11         1. Articles used for food or drink for human consumption;
   12         2. Chewing gum;
   13         3. Articles used for components of any such article;
   14         4. Articles for which health claims are made, which claims
   15  are approved by the Secretary of the United States Department of
   16  Health and Human Services and which claims are made in
   17  accordance with s. 343(r) of the federal act, and which are not
   18  considered drugs solely because their labels or labeling contain
   19  health claims; and
   20         5. Dietary supplements as defined in 21 U.S.C. s.
   21  321(ff)(1) and (2); and.
   22         6.Hemp extract as defined in s. 581.217.
   24  The term includes any raw, cooked, or processed edible
   25  substance; ice; any beverage; or any ingredient used, intended
   26  for use, or sold for human consumption.
   27         Section 2. Paragraph (a) of subsection (1) of section
   28  500.12, Florida Statutes, is amended to read:
   29         500.12 Food permits; building permits.—
   30         (1)(a) A food permit from the department is required of any
   31  person who operates a food establishment or retail food store,
   32  except:
   33         1. Persons operating minor food outlets that sell food,
   34  except hemp extract, that is commercially prepackaged, not
   35  potentially hazardous, and not time or temperature controlled
   36  for safety, if the shelf space for those items does not exceed
   37  12 total linear feet and no other food is sold by the minor food
   38  outlet.
   39         2. Persons subject to continuous, onsite federal or state
   40  inspection.
   41         3. Persons selling only legumes in the shell, either
   42  parched, roasted, or boiled.
   43         4. Persons selling sugar cane or sorghum syrup that has
   44  been boiled and bottled on a premise located within the state.
   45  Such bottles must contain a label listing the producer’s name
   46  and street address, all added ingredients, the net weight or
   47  volume of the product, and a statement that reads, “This product
   48  has not been produced in a facility permitted by the Florida
   49  Department of Agriculture and Consumer Services.”
   50         Section 3. Paragraphs (b) and (e) of subsection (3) and
   51  subsections (7) and (11) of section 581.217, Florida Statutes,
   52  are amended to read:
   53         581.217 State hemp program.—
   54         (3) DEFINITIONS.—As used in this section, the term:
   55         (b) “Contaminants unsafe for human consumption” includes,
   56  but is not limited to, any microbe, fungus, yeast, mildew,
   57  herbicide, pesticide, fungicide, residual solvent, metal, or
   58  other contaminant found in any amount that exceeds any of the
   59  accepted limitations as determined by rules adopted by the
   60  department of Health in accordance with s. 381.986, or other
   61  limitation pursuant to the laws of this state, whichever amount
   62  is less.
   63         (e) “Hemp extract” means a substance or compound intended
   64  for ingestion or inhalation which that is derived from or
   65  contains hemp and which that does not contain other controlled
   66  substances. The term does not include synthetic CBD or seeds or
   67  seed-derived ingredients that are generally recognized as safe
   68  by the United States Food and Drug Administration.
   70         (a) Hemp extract may only be distributed and sold in the
   71  state if the product:
   72         1.(a) Has a certificate of analysis prepared by an
   73  independent testing laboratory that states:
   74         a.1. The hemp extract is the product of a batch tested by
   75  the independent testing laboratory;
   76         b.2. The batch contained a total delta-9
   77  tetrahydrocannabinol concentration that did not exceed 0.3
   78  percent on a dry-weight basis pursuant to the testing of a
   79  random sample of the batch; and
   80         c.3. The batch does not contain contaminants unsafe for
   81  human consumption.
   82         2.(b) Is distributed or sold in a container packaging that
   83  includes:
   84         a.1. A scannable barcode or quick response code linked to
   85  the certificate of analysis of the hemp extract by an
   86  independent testing laboratory;
   87         b.2. The batch number;
   88         c.3. The Internet address of a website where batch
   89  information may be obtained;
   90         d.4. The expiration date;
   91         e.5. The number of milligrams of each cannabinoid per
   92  serving hemp extract; and
   93         f.6. A statement that the product contains a total delta-9
   94  tetrahydrocannabinol concentration that does not exceed 0.3
   95  percent on a dry-weight basis.
   96         (b)Hemp extract distributed or sold in violation of this
   97  section shall be considered adulterated or misbranded pursuant
   98  to chapter 500, chapter 502, or chapter 580.
   99         (c)Products that are intended for inhalation and contain
  100  hemp extract may not be sold in this state to a person who is
  101  under 21 years of age.
  102         (11) ENFORCEMENT.—
  103         (a) The department shall enforce this section.
  104         (b) Every state attorney, sheriff, police officer, and
  105  other appropriate county or municipal officer shall enforce, or
  106  assist any agent of the department in enforcing, this section
  107  and rules adopted by the department.
  108         (c) The department, or its agent, is authorized to enter
  109  any public or private premises during regular business hours in
  110  the performance of its duties relating to hemp cultivation.
  111         (d) The department shall conduct random inspections, at
  112  least annually, of each licensee to ensure that only certified
  113  hemp seeds are being used and that hemp is being cultivated in
  114  compliance with this section. The department may contract with
  115  entities to provide sample collection, laboratory testing, and
  116  disposal services to implement this section. The contracts are
  117  exempt from chapter 287.
  118         (e)If the department finds that Cannabis sativa L. was
  119  produced with a total delta-9-tetrahydrocannabinol concentration
  120  that exceeds 0.3 percent, the director shall notify the licensee
  121  of such result. The licensee shall, within 10 days after
  122  receiving the notice, cause the removal and destruction of the
  123  plants in accordance with methods adopted by the department. If
  124  the licensee refuses or neglects to comply with the terms of the
  125  notice within 10 days after receiving it, the director or her or
  126  his authorized representative may, under authority of the
  127  department, proceed to destroy the plants. The expense of the
  128  removal or destruction shall be assessed, collected, and
  129  enforced against the licensee by the department. Damages may not
  130  be awarded to the licensee for the destruction of the plants
  131  under this paragraph.
  132         Section 4. This act shall take effect July 1, 2020.
  134  ================= T I T L E  A M E N D M E N T ================
  135  And the title is amended as follows:
  136         Delete everything before the enacting clause
  137  and insert:
  138                        A bill to be entitled                      
  139         An act relating to the state hemp program; amending s.
  140         500.03, F.S.; revising the definition of the term
  141         “food” to include hemp extract for purposes of the
  142         Florida Food Safety Act; amending s. 500.12, F.S.;
  143         providing that a person operating a minor food outlet
  144         that sells hemp extract is not exempt from certain
  145         food permit requirements; amending s. 581.217, F.S.;
  146         redefining terms; providing that hemp extract that
  147         does not meet certain requirements will be considered
  148         adulterated or misbranded; prohibiting the sale of
  149         certain hemp extract products to individuals under a
  150         specified age; authorizing the Department of
  151         Agriculture and Consumer Services to contract with
  152         entities to provide certain collection, testing, and
  153         disposal services; providing that such contracts are
  154         exempt from specified provisions; requiring the
  155         director of the Division of Plant Industry to notify a
  156         licensee of certain findings; requiring such licensee
  157         or, if the licensee fails to act within a specified
  158         timeframe, the director, to remove and destroy certain
  159         plants; requiring that expenses associated with such
  160         removal or destruction be assessed, collected, and
  161         enforced against the licensee; prohibiting the award
  162         of certain damages; providing an effective date.