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

       The Committee on Agriculture (Montford) recommended the
    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. Paragraphs (a), (b), and (e) of subsection (3),
   50  subsections (6), (7), and (11), and paragraph (c) of subsection
   51  (13) of section 581.217, Florida Statutes, are amended to read:
   52         581.217 State hemp program.—
   53         (3) DEFINITIONS.—As used in this section, the term:
   54         (a) “Certifying agency” has the same meaning as in s.
   55  578.011(8).
   56         (a)(b) “Contaminants unsafe for human consumption”
   57  includes, but is not limited to, any microbe, fungus, yeast,
   58  mildew, herbicide, pesticide, fungicide, residual solvent,
   59  metal, or other contaminant found in any amount that exceeds any
   60  of the accepted limitations as determined by rules adopted by
   61  the department of Health in accordance with s. 381.986, or other
   62  limitation pursuant to the laws of this state, whichever amount
   63  is less.
   64         (d)(e) “Hemp extract” means a substance or compound
   65  intended for ingestion or inhalation which that is derived from
   66  or contains hemp and which that does not contain other
   67  controlled substances. The term does not include synthetic CBD
   68  or seeds or seed-derived ingredients that are generally
   69  recognized as safe by the United States Food and Drug
   70  Administration.
   71         (6) HEMP SEED.—A licensee may only use hemp seeds and
   72  cultivars certified by a certifying agency or a university
   73  conducting an industrial hemp pilot project pursuant to s.
   74  1004.4473.
   76         (a) Hemp extract may only be distributed and sold in the
   77  state if the product:
   78         1.(a) Has a certificate of analysis prepared by an
   79  independent testing laboratory that states:
   80         a.1. The hemp extract is the product of a batch tested by
   81  the independent testing laboratory;
   82         b.2. The batch contained a total delta-9
   83  tetrahydrocannabinol concentration that did not exceed 0.3
   84  percent on a dry-weight basis pursuant to the testing of a
   85  random sample of the batch; and
   86         c.3. The batch does not contain contaminants unsafe for
   87  human consumption.
   88         2.(b) Is distributed or sold in a container packaging that
   89  includes:
   90         a.1. A scannable barcode or quick response code linked to
   91  the certificate of analysis of the hemp extract by an
   92  independent testing laboratory;
   93         b.2. The batch number;
   94         c.3. The Internet address of a website where batch
   95  information may be obtained;
   96         d.4. The expiration date;
   97         e.5. The number of milligrams of each cannabinoid per
   98  serving hemp extract; and
   99         f.6. A statement that the product contains a total delta-9
  100  tetrahydrocannabinol concentration that does not exceed 0.3
  101  percent on a dry-weight basis.
  102         (b)Hemp extract distributed or sold in violation of this
  103  section shall be considered adulterated or misbranded pursuant
  104  to chapter 500, chapter 502, or chapter 580.
  105         (10)(11) ENFORCEMENT.—
  106         (a) The department shall enforce this section.
  107         (b) Every state attorney, sheriff, police officer, and
  108  other appropriate county or municipal officer shall enforce, or
  109  assist any agent of the department in enforcing, this section
  110  and rules adopted by the department.
  111         (c) The department, or its agent, is authorized to enter
  112  any public or private premises during regular business hours in
  113  the performance of its duties relating to hemp cultivation.
  114         (d) The department may contract with entities to provide
  115  sample collection, laboratory testing, and disposal services to
  116  implement this section. The contracts are exempt from chapter
  117  287 The department shall conduct random inspections, at least
  118  annually, of each licensee to ensure that only certified hemp
  119  seeds are being used and that hemp is being cultivated in
  120  compliance with this section.
  121         (e)If the department finds that Cannabis sativa L. was
  122  produced with a total delta-9-tetrahydrocannabinol concentration
  123  that exceeds 0.3 percent, the director shall notify the licensee
  124  of such result. The licensee shall, within 10 days after
  125  receiving the notice, cause the removal and destruction of the
  126  plants in accordance with methods adopted by the department. If
  127  the licensee refuses or neglects to comply with the terms of the
  128  notice within 10 days after receiving it, the director or her or
  129  his authorized representative may, under authority of the
  130  department, proceed to destroy the plants. The expense of the
  131  removal or destruction shall be assessed, collected, and
  132  enforced against the licensee by the department. Damages may not
  133  be awarded to the licensee for the destruction of the plants
  134  under this paragraph.
  135         (12)(13) APPLICABILITY.—Notwithstanding any other law:
  136         (c) A licensee who negligently violates this section or
  137  department rules is not subject to any criminal or civil
  138  enforcement action by the state or a local government other than
  139  the enforcement of violations of this section as authorized
  140  under subsection (9) (10).
  141         Section 4. This act shall take effect July 1, 2020.
  143  ================= T I T L E  A M E N D M E N T ================
  144  And the title is amended as follows:
  145         Delete everything before the enacting clause
  146  and insert:
  147                        A bill to be entitled                      
  148         An act relating to the state hemp program; amending s.
  149         500.03, F.S.; revising the definition of the term
  150         “food” to include hemp extract for purposes of the
  151         Florida Food Safety Act; amending s. 500.12, F.S.;
  152         providing that a person operating a minor food outlet
  153         that sells hemp extract is not exempt from certain
  154         food permit requirements; amending s. 581.217, F.S.;
  155         deleting and redefining terms; removing requirements
  156         regarding the types of seeds that a licensee may use
  157         in the state hemp program; providing that hemp extract
  158         that does not meet certain requirements will be
  159         considered adulterated or misbranded; authorizing the
  160         department to contract with entities to provide
  161         certain collection, testing, and disposal services;
  162         providing that such contracts are exempt from
  163         specified provisions; deleting a requirement that the
  164         department conduct random inspections at specified
  165         intervals for certified hemp seeds; requiring the
  166         Director of the Division of Plant Industry to notify a
  167         licensee of certain testing results; requiring such
  168         licensee, or the director if the licensee fails to
  169         act, to remove and destroy certain plants within a
  170         specified timeframe; providing an effective date.