Florida Senate - 2020               CS for CS for CS for SB 1876
       By the Committees on Rules; Innovation, Industry, and
       Technology; and Agriculture; and Senators Montford and Gibson
       595-04474-20                                          20201876c3
    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 the term “hemp extract”; directing the
   10         Department of Agriculture and Consumer Services, in
   11         consultation with the Administration Commission, to
   12         submit an amended plan for the state program to the
   13         United States Secretary of Agriculture under certain
   14         circumstances; providing that hemp extract that does
   15         not meet certain requirements will be considered
   16         adulterated or misbranded; prohibiting the sale of
   17         certain hemp extract products to individuals under a
   18         specified age; revising the contents of the
   19         department’s required monthly report to the United
   20         States Secretary of Agriculture; authorizing the
   21         department to contract with entities to provide
   22         certain collection, testing, and disposal services;
   23         providing that such contracts are exempt from
   24         specified provisions; requiring the director of the
   25         Division of Plant Industry to notify a licensee of
   26         certain findings; requiring such licensee or, if the
   27         licensee fails to act within a specified timeframe,
   28         authorizing the director, to remove and destroy
   29         certain plants; requiring that expenses associated
   30         with such removal or destruction be assessed,
   31         collected, and enforced against the licensee;
   32         prohibiting the award of certain damages; requiring
   33         program rules to include specified sampling and
   34         disposal procedures; providing terms for advisory
   35         council members and the council chair; providing
   36         requirements for filling advisory council vacancies;
   37         directing the department to submit a report that
   38         provides recommendations for program fees to the
   39         Legislature by a specified date; providing an
   40         effective date.
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. Paragraph (n) of subsection (1) of section
   45  500.03, Florida Statutes, is amended to read:
   46         500.03 Definitions; construction; applicability.—
   47         (1) For the purpose of this chapter, the term:
   48         (n) “Food” includes:
   49         1. Articles used for food or drink for human consumption;
   50         2. Chewing gum;
   51         3. Articles used for components of any such article;
   52         4. Articles for which health claims are made, which claims
   53  are approved by the Secretary of the United States Department of
   54  Health and Human Services and which claims are made in
   55  accordance with s. 343(r) of the federal act, and which are not
   56  considered drugs solely because their labels or labeling contain
   57  health claims; and
   58         5. Dietary supplements as defined in 21 U.S.C. s.
   59  321(ff)(1) and (2); and
   60         6.Hemp extract as defined in s. 581.217.
   62  The term includes any raw, cooked, or processed edible
   63  substance; ice; any beverage; or any ingredient used, intended
   64  for use, or sold for human consumption.
   65         Section 2. Paragraph (a) of subsection (1) of section
   66  500.12, Florida Statutes, is amended to read:
   67         500.12 Food permits; building permits.—
   68         (1)(a) A food permit from the department is required of any
   69  person who operates a food establishment or retail food store,
   70  except:
   71         1. Persons operating minor food outlets that sell food,
   72  except hemp extract, that is commercially prepackaged, not
   73  potentially hazardous, and not time or temperature controlled
   74  for safety, if the shelf space for those items does not exceed
   75  12 total linear feet and no other food is sold by the minor food
   76  outlet.
   77         2. Persons subject to continuous, onsite federal or state
   78  inspection.
   79         3. Persons selling only legumes in the shell, either
   80  parched, roasted, or boiled.
   81         4. Persons selling sugar cane or sorghum syrup that has
   82  been boiled and bottled on a premise located within the state.
   83  Such bottles must contain a label listing the producer’s name
   84  and street address, all added ingredients, the net weight or
   85  volume of the product, and a statement that reads, “This product
   86  has not been produced in a facility permitted by the Florida
   87  Department of Agriculture and Consumer Services.”
   88         Section 3. Paragraph (e) of subsection (3) and subsections
   89  (4), (7), (9), (11), (12), and (14) of section 581.217, Florida
   90  Statutes, are amended, and subsection (15) is added to that
   91  section, to read:
   92         581.217 State hemp program.—
   93         (3) DEFINITIONS.—As used in this section, the term:
   94         (e) “Hemp extract” means a substance or compound intended
   95  for ingestion, containing more than trace amounts of
   96  cannabidiol, or for inhalation which that is derived from or
   97  contains hemp and which that does not contain other controlled
   98  substances. The term does not include synthetic CBD or seeds or
   99  seed-derived ingredients that are generally recognized as safe
  100  by the United States Food and Drug Administration.
  101         (4) FEDERAL APPROVAL.—The department shall seek approval of
  102  the state plan for the regulation of the cultivation of hemp
  103  with the United States Secretary of Agriculture in accordance
  104  with 7 U.S.C. s. 1639p within 30 days after adopting rules. If
  105  the state plan is not approved by the United States Secretary of
  106  Agriculture, the Commissioner of Agriculture, in consultation
  107  with and with final approval from the Administration Commission,
  108  shall develop a recommendation to amend the state plan and
  109  submit the recommendation to the Legislature. If revisions to
  110  the state plan may be made without statutory changes, the
  111  department, in consultation with and with final approval from
  112  the Administration Commission, must submit an amended plan to
  113  the United States Secretary of Agriculture.
  115         (a) Hemp extract may only be distributed and sold in the
  116  state if the product:
  117         1.(a) Has a certificate of analysis prepared by an
  118  independent testing laboratory that states:
  119         a.1. The hemp extract is the product of a batch tested by
  120  the independent testing laboratory;
  121         b.2. The batch contained a total delta-9
  122  tetrahydrocannabinol concentration that did not exceed 0.3
  123  percent on a dry-weight basis pursuant to the testing of a
  124  random sample of the batch; and
  125         c.3. The batch does not contain contaminants unsafe for
  126  human consumption.
  127         2.(b) Is distributed or sold in a container packaging that
  128  includes:
  129         a.1. A scannable barcode or quick response code linked to
  130  the certificate of analysis of the hemp extract batch by an
  131  independent testing laboratory;
  132         b.2. The batch number;
  133         c.3. The Internet address of a website where batch
  134  information may be obtained;
  135         d.4. The expiration date; and
  136         e.5. The number of milligrams of each marketed cannabinoid
  137  per serving hemp extract; and
  138         6. A statement that the product contains a total delta-9
  139  tetrahydrocannabinol concentration that does not exceed 0.3
  140  percent on a dry-weight basis.
  141         (b)Hemp extract distributed or sold in violation of this
  142  section shall be considered adulterated or misbranded pursuant
  143  to chapter 500, chapter 502, or chapter 580.
  144         (c)Products that are intended for inhalation and contain
  145  hemp extract may not be sold in this state to a person who is
  146  under 21 years of age.
  147         (9) DEPARTMENT REPORTING.—The department shall submit
  148  monthly to the United States Secretary of Agriculture a report
  149  of the locations in the state where hemp is cultivated or has
  150  been cultivated within the past 3 calendar years. The report
  151  must include the contact information for each licensee and the
  152  total acreage of hemp planted, harvested, and, if applicable,
  153  disposed of by each licensee.
  154         (11) ENFORCEMENT.—
  155         (a) The department shall enforce this section.
  156         (b) Every state attorney, sheriff, police officer, and
  157  other appropriate county or municipal officer shall enforce, or
  158  assist any agent of the department in enforcing, this section
  159  and rules adopted by the department.
  160         (c) The department, or its agent, is authorized to enter
  161  any public or private premises during regular business hours in
  162  the performance of its duties relating to hemp cultivation.
  163         (d) The department shall conduct random inspections, at
  164  least annually, of each licensee to ensure that only certified
  165  hemp seeds are being used and that hemp is being cultivated in
  166  compliance with this section. The department may contract with
  167  entities to provide sample collection, laboratory testing, and
  168  disposal services to implement this section. The contracts are
  169  exempt from chapter 287.
  170         (e)If the department finds that Cannabis sativa L. was
  171  produced with a total delta-9-tetrahydrocannabinol concentration
  172  that exceeds 0.3 percent, the director shall notify the licensee
  173  of such result. The licensee shall, within 10 days after
  174  receiving the notice, cause the removal and destruction of the
  175  plants in accordance with methods adopted by the department. If
  176  the licensee refuses or neglects to comply with the terms of the
  177  notice within 10 days after receiving it, the director or her or
  178  his authorized representative may, under authority of the
  179  department, proceed to destroy the plants. The expense of the
  180  removal or destruction shall be assessed, collected, and
  181  enforced against the licensee by the department. Damages may not
  182  be awarded to the licensee for the destruction of the plants
  183  under this paragraph.
  184         (12) RULES.—By August 1, 2019, The department, in
  185  consultation with the Department of Health and the Department of
  186  Business and Professional Regulation, shall initiate rulemaking
  187  to administer the state hemp program. The rules must provide
  188  for:
  189         (a) A procedure that uses post-decarboxylation or other
  190  similarly reliable methods and a measure of uncertainty for
  191  testing the delta-9-tetrahydrocannabinol concentration of
  192  cultivated hemp. This procedure must meet the requirements of
  193  the rules adopted by the United States Department of
  194  Agriculture.
  195         (b) A procedure for the effective disposal of plants,
  196  whether growing or not, that are cultivated in violation of this
  197  section or department rules, and products derived from those
  198  plants. The procedure must provide for the disposal of such
  199  plants in accordance with the federal Controlled Substances Act
  200  and regulations of the Drug Enforcement Administration.
  201         (14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp
  202  Advisory Council, an advisory council as defined in s. 20.03, is
  203  established to provide information, advice, and expertise to the
  204  department with respect to plans, policies, and procedures
  205  applicable to the administration of the state hemp program.
  206         (a) The advisory council is adjunct to the department for
  207  administrative purposes.
  208         (b) The advisory council shall be composed of all of the
  209  following members:
  210         1. Two members appointed by the Commissioner of
  211  Agriculture.
  212         2. Two members appointed by the Governor.
  213         3. Two members appointed by the President of the Senate.
  214         4. Two members appointed by the Speaker of the House of
  215  Representatives.
  216         5. The dean for research of the Institute of Food and
  217  Agricultural Sciences of the University of Florida or his or her
  218  designee.
  219         6. The president of Florida Agricultural and Mechanical
  220  University or his or her designee.
  221         7. The executive director of the Department of Law
  222  Enforcement or his or her designee.
  223         8. The president of the Florida Sheriffs Association or his
  224  or her designee.
  225         9. The president of the Florida Police Chiefs Association
  226  or his or her designee.
  227         10. The president of the Florida Farm Bureau Federation or
  228  his or her designee.
  229         11. The president of the Florida Fruit and Vegetable
  230  Association or his or her designee.
  231         (c)Each advisory council member shall be appointed to a 4
  232  year term, and any vacancy in the membership of the council must
  233  be filled in the same manner as the original appointment for the
  234  remainder of the unexpired term. For the purpose of achieving
  235  staggered terms, the initial members appointed to the council
  236  shall serve the following terms:
  237         1.Four years for members appointed by the Governor.
  238         2.Three years for members appointed by the President of
  239  the Senate or the Speaker of the House of Representatives.
  240         3.Three years for members appointed by the Commissioner of
  241  Agriculture.
  242         4.Two years for all other appointed members.
  243         (d)(c) The advisory council shall elect by a two-thirds
  244  vote of the members one member to serve as chair of the council.
  245  The chair shall serve for a term of 1 year.
  246         (e)(d) A majority of the members of the advisory council
  247  constitutes a quorum.
  248         (f)(e) The advisory council shall meet at least once
  249  annually at the call of the chair.
  250         (g)(f) Advisory council members shall serve without
  251  compensation and are not entitled to reimbursement for per diem
  252  or travel expenses.
  253         (15)FEES.—By December 1, 2020, the department shall submit
  254  a report to the President of the Senate and the Speaker of the
  255  House of Representatives which provides recommendations for
  256  initial license application fees and license renewal fees
  257  sufficient to cover the costs of implementing and administering
  258  this section. If such fees do not cover the costs of inspections
  259  and testing, the department shall include a separate cost
  260  breakdown for any other program fees that the department
  261  recommends and anticipates are necessary.
  262         Section 4. This act shall take effect upon becoming a law.