Florida Senate - 2020                             CS for SB 1876
       By the Committee on Agriculture; and Senator Montford
       575-03095-20                                          20201876c1
    1                        A bill to be entitled                      
    2         An act relating to the state hemp program; amending s.
    3         500.03, F.S.; revising the definition of the term
    4         “food” to include hemp extract for purposes of the
    5         Florida Food Safety Act; amending s. 500.12, F.S.;
    6         providing that a person operating a minor food outlet
    7         that sells hemp extract is not exempt from certain
    8         food permit requirements; amending s. 581.217, F.S.;
    9         redefining terms; providing that hemp extract that
   10         does not meet certain requirements will be considered
   11         adulterated or misbranded; prohibiting the sale of
   12         certain hemp extract products to individuals under a
   13         specified age; authorizing the Department of
   14         Agriculture and Consumer Services to contract with
   15         entities to provide certain collection, testing, and
   16         disposal services; providing that such contracts are
   17         exempt from specified provisions; requiring the
   18         director of the Division of Plant Industry to notify a
   19         licensee of certain findings; requiring such licensee
   20         or, if the licensee fails to act within a specified
   21         timeframe, the director, to remove and destroy certain
   22         plants; requiring that expenses associated with such
   23         removal or destruction be assessed, collected, and
   24         enforced against the licensee; prohibiting the award
   25         of certain damages; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (n) of subsection (1) of section
   30  500.03, Florida Statutes, is amended to read:
   31         500.03 Definitions; construction; applicability.—
   32         (1) For the purpose of this chapter, the term:
   33         (n) “Food” includes:
   34         1. Articles used for food or drink for human consumption;
   35         2. Chewing gum;
   36         3. Articles used for components of any such article;
   37         4. Articles for which health claims are made, which claims
   38  are approved by the Secretary of the United States Department of
   39  Health and Human Services and which claims are made in
   40  accordance with s. 343(r) of the federal act, and which are not
   41  considered drugs solely because their labels or labeling contain
   42  health claims; and
   43         5. Dietary supplements as defined in 21 U.S.C. s.
   44  321(ff)(1) and (2); and
   45         6.Hemp extract as defined in s. 581.217.
   47  The term includes any raw, cooked, or processed edible
   48  substance; ice; any beverage; or any ingredient used, intended
   49  for use, or sold for human consumption.
   50         Section 2. Paragraph (a) of subsection (1) of section
   51  500.12, Florida Statutes, is amended to read:
   52         500.12 Food permits; building permits.—
   53         (1)(a) A food permit from the department is required of any
   54  person who operates a food establishment or retail food store,
   55  except:
   56         1. Persons operating minor food outlets that sell food,
   57  except hemp extract, that is commercially prepackaged, not
   58  potentially hazardous, and not time or temperature controlled
   59  for safety, if the shelf space for those items does not exceed
   60  12 total linear feet and no other food is sold by the minor food
   61  outlet.
   62         2. Persons subject to continuous, onsite federal or state
   63  inspection.
   64         3. Persons selling only legumes in the shell, either
   65  parched, roasted, or boiled.
   66         4. Persons selling sugar cane or sorghum syrup that has
   67  been boiled and bottled on a premise located within the state.
   68  Such bottles must contain a label listing the producer’s name
   69  and street address, all added ingredients, the net weight or
   70  volume of the product, and a statement that reads, “This product
   71  has not been produced in a facility permitted by the Florida
   72  Department of Agriculture and Consumer Services.”
   73         Section 3. Paragraphs (b) and (e) of subsection (3) and
   74  subsections (7) and (11) of section 581.217, Florida Statutes,
   75  are amended to read:
   76         581.217 State hemp program.—
   77         (3) DEFINITIONS.—As used in this section, the term:
   78         (b) “Contaminants unsafe for human consumption” includes,
   79  but is not limited to, any microbe, fungus, yeast, mildew,
   80  herbicide, pesticide, fungicide, residual solvent, metal, or
   81  other contaminant found in any amount that exceeds any of the
   82  accepted limitations as determined by rules adopted by the
   83  department of Health in accordance with s. 381.986, or other
   84  limitation pursuant to the laws of this state, whichever amount
   85  is less.
   86         (e) “Hemp extract” means a substance or compound intended
   87  for ingestion or inhalation which that is derived from or
   88  contains hemp and which that does not contain other controlled
   89  substances. The term does not include synthetic CBD or seeds or
   90  seed-derived ingredients that are generally recognized as safe
   91  by the United States Food and Drug Administration.
   93         (a) Hemp extract may only be distributed and sold in the
   94  state if the product:
   95         1.(a) Has a certificate of analysis prepared by an
   96  independent testing laboratory that states:
   97         a.1. The hemp extract is the product of a batch tested by
   98  the independent testing laboratory;
   99         b.2. The batch contained a total delta-9
  100  tetrahydrocannabinol concentration that did not exceed 0.3
  101  percent on a dry-weight basis pursuant to the testing of a
  102  random sample of the batch; and
  103         c.3. The batch does not contain contaminants unsafe for
  104  human consumption.
  105         2.(b) Is distributed or sold in a container packaging that
  106  includes:
  107         a.1. A scannable barcode or quick response code linked to
  108  the certificate of analysis of the hemp extract by an
  109  independent testing laboratory;
  110         b.2. The batch number;
  111         c.3. The Internet address of a website where batch
  112  information may be obtained;
  113         d.4. The expiration date;
  114         e.5. The number of milligrams of each cannabinoid per
  115  serving hemp extract; and
  116         f.6. A statement that the product contains a total delta-9
  117  tetrahydrocannabinol concentration that does not exceed 0.3
  118  percent on a dry-weight basis.
  119         (b)Hemp extract distributed or sold in violation of this
  120  section shall be considered adulterated or misbranded pursuant
  121  to chapter 500, chapter 502, or chapter 580.
  122         (c)Products that are intended for inhalation and contain
  123  hemp extract may not be sold in this state to a person who is
  124  under 21 years of age.
  125         (11) ENFORCEMENT.—
  126         (a) The department shall enforce this section.
  127         (b) Every state attorney, sheriff, police officer, and
  128  other appropriate county or municipal officer shall enforce, or
  129  assist any agent of the department in enforcing, this section
  130  and rules adopted by the department.
  131         (c) The department, or its agent, is authorized to enter
  132  any public or private premises during regular business hours in
  133  the performance of its duties relating to hemp cultivation.
  134         (d) The department shall conduct random inspections, at
  135  least annually, of each licensee to ensure that only certified
  136  hemp seeds are being used and that hemp is being cultivated in
  137  compliance with this section. The department may contract with
  138  entities to provide sample collection, laboratory testing, and
  139  disposal services to implement this section. The contracts are
  140  exempt from chapter 287.
  141         (e)If the department finds that Cannabis sativa L. was
  142  produced with a total delta-9-tetrahydrocannabinol concentration
  143  that exceeds 0.3 percent, the director shall notify the licensee
  144  of such result. The licensee shall, within 10 days after
  145  receiving the notice, cause the removal and destruction of the
  146  plants in accordance with methods adopted by the department. If
  147  the licensee refuses or neglects to comply with the terms of the
  148  notice within 10 days after receiving it, the director or her or
  149  his authorized representative may, under authority of the
  150  department, proceed to destroy the plants. The expense of the
  151  removal or destruction shall be assessed, collected, and
  152  enforced against the licensee by the department. Damages may not
  153  be awarded to the licensee for the destruction of the plants
  154  under this paragraph.
  155         Section 4. This act shall take effect July 1, 2020.