Florida Senate - 2020                                    SB 1876
       By Senator Montford
       3-01045B-20                                           20201876__
    1                        A bill to be entitled                      
    2         An act relating to the state hemp program; amending s.
    3         581.217, F.S.; deleting and redefining terms; removing
    4         requirements regarding the types of seeds that a
    5         licensee may use in the state hemp program; providing
    6         that hemp extract that does not meet certain
    7         requirements will be considered adulterated or
    8         misbranded; prohibiting the selling of products made
    9         from hemp extract in this state to persons under a
   10         specified age; deleting a requirement that the
   11         department conduct random inspections at specified
   12         intervals for certified hemp seeds; providing an
   13         effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Paragraphs (a), (b), and (e) of subsection (3),
   18  subsections (6), (7), and (11), and paragraph (c) of subsection
   19  (13) of section 581.217, Florida Statutes, are amended to read:
   20         581.217 State hemp program.—
   21         (3) DEFINITIONS.—As used in this section, the term:
   22         (a) “Certifying agency” has the same meaning as in s.
   23  578.011(8).
   24         (a)(b) “Contaminants unsafe for human consumption”
   25  includes, but is not limited to, any microbe, fungus, yeast,
   26  mildew, herbicide, pesticide, fungicide, residual solvent,
   27  metal, or other contaminant found in any amount that exceeds any
   28  of the accepted limitations as determined by rules adopted by
   29  the department of Health in accordance with s. 381.986, or other
   30  limitation pursuant to the laws of this state, whichever amount
   31  is less.
   32         (d)(e) “Hemp extract” means a substance or compound
   33  intended for ingestion which that is derived from or contains
   34  hemp and which that does not contain other controlled
   35  substances. The term does not include seeds that are generally
   36  recognized as safe by the United States Food and Drug
   37  Administration.
   38         (6) HEMP SEED.—A licensee may only use hemp seeds and
   39  cultivars certified by a certifying agency or a university
   40  conducting an industrial hemp pilot project pursuant to s.
   41  1004.4473.
   43         (a) Hemp extract may only be distributed and sold in the
   44  state if the product:
   45         1.(a) Has a certificate of analysis prepared by an
   46  independent testing laboratory that states:
   47         a.1. The hemp extract is the product of a batch tested by
   48  the independent testing laboratory;
   49         b.2. The batch contained a total delta-9
   50  tetrahydrocannabinol concentration that did not exceed 0.3
   51  percent on a dry-weight basis pursuant to the testing of a
   52  random sample of the batch; and
   53         c.3. The batch does not contain contaminants unsafe for
   54  human consumption.
   55         2.(b) Is distributed or sold in packaging that includes:
   56         a.1. A scannable barcode or quick response code linked to
   57  the certificate of analysis of the hemp extract by an
   58  independent testing laboratory;
   59         b.2. The batch number;
   60         c.3. The Internet address of a website where batch
   61  information may be obtained;
   62         d.4. The expiration date;
   63         e.5. The number of milligrams of each cannabinoid per
   64  serving hemp extract; and
   65         f.6. A statement that the product contains a total delta-9
   66  tetrahydrocannabinol concentration that does not exceed 0.3
   67  percent on a dry-weight basis.
   68         (b)Hemp extract distributed or sold in violation of
   69  paragraph (a) shall be considered adulterated or misbranded
   70  pursuant to chapter 500, chapter 502, or chapter 580.
   71         (c)Products made from hemp extract may not be sold in this
   72  state to a person who is under 18 years of age.
   73         (10)(11) ENFORCEMENT.—
   74         (a) The department shall enforce this section.
   75         (b) Every state attorney, sheriff, police officer, and
   76  other appropriate county or municipal officer shall enforce, or
   77  assist any agent of the department in enforcing, this section
   78  and rules adopted by the department.
   79         (c) The department, or its agent, is authorized to enter
   80  any public or private premises during regular business hours in
   81  the performance of its duties relating to hemp cultivation.
   82         (d) The department shall conduct random inspections, at
   83  least annually, of each licensee to ensure that only certified
   84  hemp seeds are being used and that hemp is being cultivated in
   85  compliance with this section.
   86         (12)(13) APPLICABILITY.—Notwithstanding any other law:
   87         (c) A licensee who negligently violates this section or
   88  department rules is not subject to any criminal or civil
   89  enforcement action by the state or a local government other than
   90  the enforcement of violations of this section as authorized
   91  under subsection (9) (10).
   92         Section 2. This act shall take effect July 1, 2020.