CS for CS for CS for SB 1876                     First Engrossed
    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         requiring samples to be taken within a specified
   24         timeframe before the anticipated harvest; providing
   25         that the Industrial Hemp Advisory Council is the sole
   26         advisory body to provide information, advice, and
   27         expertise regarding the program to the department;
   28         prohibiting the creation of other advisory bodies for
   29         such purpose; providing terms for advisory council
   30         members and the council chair; providing requirements
   31         for filling advisory council vacancies; directing the
   32         department to submit a report that provides
   33         recommendations for program fees to the Legislature by
   34         a specified date; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Paragraph (n) of subsection (1) of section
   39  500.03, Florida Statutes, is amended to read:
   40         500.03 Definitions; construction; applicability.—
   41         (1) For the purpose of this chapter, the term:
   42         (n) “Food” includes:
   43         1. Articles used for food or drink for human consumption;
   44         2. Chewing gum;
   45         3. Articles used for components of any such article;
   46         4. Articles for which health claims are made, which claims
   47  are approved by the Secretary of the United States Department of
   48  Health and Human Services and which claims are made in
   49  accordance with s. 343(r) of the federal act, and which are not
   50  considered drugs solely because their labels or labeling contain
   51  health claims; and
   52         5. Dietary supplements as defined in 21 U.S.C. s.
   53  321(ff)(1) and (2); and
   54         6.Hemp extract as defined in s. 581.217.
   56  The term includes any raw, cooked, or processed edible
   57  substance; ice; any beverage; or any ingredient used, intended
   58  for use, or sold for human consumption.
   59         Section 2. Paragraph (a) of subsection (1) of section
   60  500.12, Florida Statutes, is amended to read:
   61         500.12 Food permits; building permits.—
   62         (1)(a) A food permit from the department is required of any
   63  person who operates a food establishment or retail food store,
   64  except:
   65         1. Persons operating minor food outlets that sell food,
   66  except hemp extract, that is commercially prepackaged, not
   67  potentially hazardous, and not time or temperature controlled
   68  for safety, if the shelf space for those items does not exceed
   69  12 total linear feet and no other food is sold by the minor food
   70  outlet.
   71         2. Persons subject to continuous, onsite federal or state
   72  inspection.
   73         3. Persons selling only legumes in the shell, either
   74  parched, roasted, or boiled.
   75         4. Persons selling sugar cane or sorghum syrup that has
   76  been boiled and bottled on a premise located within the state.
   77  Such bottles must contain a label listing the producer’s name
   78  and street address, all added ingredients, the net weight or
   79  volume of the product, and a statement that reads, “This product
   80  has not been produced in a facility permitted by the Florida
   81  Department of Agriculture and Consumer Services.”
   82         Section 3. Paragraph (e) of subsection (3) and subsections
   83  (4), (7), (9), (11), (12), and (14) of section 581.217, Florida
   84  Statutes, are amended, and subsection (15) is added to that
   85  section, to read:
   86         581.217 State hemp program.—
   87         (3) DEFINITIONS.—As used in this section, the term:
   88         (e) “Hemp extract” means a substance or compound intended
   89  for ingestion, containing more than trace amounts of
   90  cannabinoid, or for inhalation which that is derived from or
   91  contains hemp and which that does not contain other controlled
   92  substances. The term does not include synthetic CBD or seeds or
   93  seed-derived ingredients that are generally recognized as safe
   94  by the United States Food and Drug Administration.
   95         (4) FEDERAL APPROVAL.—The department shall seek approval of
   96  the state plan for the regulation of the cultivation of hemp
   97  with the United States Secretary of Agriculture in accordance
   98  with 7 U.S.C. s. 1639p within 30 days after adopting rules. If
   99  the state plan is not approved by the United States Secretary of
  100  Agriculture, the Commissioner of Agriculture, in consultation
  101  with and with final approval from the Administration Commission,
  102  shall develop a recommendation to amend the state plan and
  103  submit the recommendation to the Legislature. If revisions to
  104  the state plan may be made without statutory changes, the
  105  department, in consultation with and with final approval from
  106  the Administration Commission, must submit an amended plan to
  107  the United States Secretary of Agriculture.
  109         (a) Hemp extract may only be distributed and sold in the
  110  state if the product:
  111         1.(a) Has a certificate of analysis prepared by an
  112  independent testing laboratory that states:
  113         a.1. The hemp extract is the product of a batch tested by
  114  the independent testing laboratory;
  115         b.2. The batch contained a total delta-9
  116  tetrahydrocannabinol concentration that did not exceed 0.3
  117  percent on a dry-weight basis pursuant to the testing of a
  118  random sample of the batch; and
  119         c.3. The batch does not contain contaminants unsafe for
  120  human consumption.
  121         2.(b) Is distributed or sold in a container packaging that
  122  includes:
  123         a.1. A scannable barcode or quick response code linked to
  124  the certificate of analysis of the hemp extract batch by an
  125  independent testing laboratory;
  126         b.2. The batch number;
  127         c.3. The Internet address of a website where batch
  128  information may be obtained;
  129         d.4. The expiration date; and
  130         e.5. The number of milligrams of each marketed cannabinoid
  131  per serving hemp extract; and
  132         6. A statement that the product contains a total delta-9
  133  tetrahydrocannabinol concentration that does not exceed 0.3
  134  percent on a dry-weight basis.
  135         (b) Hemp extract distributed or sold in violation of this
  136  section shall be considered adulterated or misbranded pursuant
  137  to chapter 500, chapter 502, or chapter 580.
  138         (c) Products that are intended for inhalation and contain
  139  hemp extract may not be sold in this state to a person who is
  140  under 21 years of age.
  141         (9) DEPARTMENT REPORTING.—The department shall submit
  142  monthly to the United States Secretary of Agriculture a report
  143  of the locations in the state where hemp is cultivated or has
  144  been cultivated within the past 3 calendar years. The report
  145  must include the contact information for each licensee and the
  146  total acreage of hemp planted, harvested, and, if applicable,
  147  disposed of by each licensee.
  148         (11) ENFORCEMENT.—
  149         (a) The department shall enforce this section.
  150         (b) Every state attorney, sheriff, police officer, and
  151  other appropriate county or municipal officer shall enforce, or
  152  assist any agent of the department in enforcing, this section
  153  and rules adopted by the department.
  154         (c) The department, or its agent, is authorized to enter
  155  any public or private premises during regular business hours in
  156  the performance of its duties relating to hemp cultivation.
  157         (d) The department shall conduct random inspections, at
  158  least annually, of each licensee to ensure that only certified
  159  hemp seeds are being used and that hemp is being cultivated in
  160  compliance with this section. The department may contract with
  161  entities to provide sample collection, laboratory testing, and
  162  disposal services to implement this section.
  163         (12) RULES.—By August 1, 2019, The department, in
  164  consultation with the Department of Health and the Department of
  165  Business and Professional Regulation, shall initiate rulemaking
  166  to administer the state hemp program. The rules must provide
  167  for:
  168         (a) A procedure that uses post-decarboxylation or other
  169  similarly reliable methods and a measure of uncertainty for
  170  testing the delta-9-tetrahydrocannabinol concentration of
  171  cultivated hemp. The sample must be taken no more than 15 days
  172  before the anticipated harvest by a federal, state, local, or
  173  tribal law enforcement agency.
  174         (b) A procedure for the effective disposal of plants,
  175  whether growing or not, that are cultivated in violation of this
  176  section or department rules, and products derived from those
  177  plants.
  178         (14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp
  179  Advisory Council, an advisory council as defined in s. 20.03, is
  180  established to provide information, advice, and expertise to the
  181  department with respect to plans, policies, and procedures
  182  applicable to the administration of the state hemp program.
  183  Notwithstanding ss. 377.6015 and 570.232, the Industrial Hemp
  184  Advisory Council is the sole advisory body to provide
  185  information, advice, and expertise related to the state hemp
  186  program to the department, and no other advisory body may be
  187  created for such purpose.
  188         (a) The advisory council is adjunct to the department for
  189  administrative purposes.
  190         (b) The advisory council shall be composed of all of the
  191  following members:
  192         1. Two members appointed by the Commissioner of
  193  Agriculture.
  194         2. Two members appointed by the Governor.
  195         3. Two members appointed by the President of the Senate.
  196         4. Two members appointed by the Speaker of the House of
  197  Representatives.
  198         5. The dean for research of the Institute of Food and
  199  Agricultural Sciences of the University of Florida or his or her
  200  designee.
  201         6. The president of Florida Agricultural and Mechanical
  202  University or his or her designee.
  203         7. The executive director of the Department of Law
  204  Enforcement or his or her designee.
  205         8. The president of the Florida Sheriffs Association or his
  206  or her designee.
  207         9. The president of the Florida Police Chiefs Association
  208  or his or her designee.
  209         10. The president of the Florida Farm Bureau Federation or
  210  his or her designee.
  211         11. The president of the Florida Fruit and Vegetable
  212  Association or his or her designee.
  213         (c)Each advisory council member shall be appointed to a 4
  214  year term, and any vacancy in the membership of the council must
  215  be filled in the same manner as the original appointment for the
  216  remainder of the unexpired term. For the purpose of achieving
  217  staggered terms, the initial members appointed to the council
  218  shall serve the following terms:
  219         1.Four years for members appointed by the Governor.
  220         2.Three years for members appointed by the President of
  221  the Senate or the Speaker of the House of Representatives.
  222         3.Three years for members appointed by the Commissioner of
  223  Agriculture.
  224         4.Two years for all other appointed members.
  225         (d)(c) The advisory council shall elect by a two-thirds
  226  vote of the members one member to serve as chair of the council.
  227  The chair shall serve for a term of 1 year.
  228         (e)(d) A majority of the members of the advisory council
  229  constitutes a quorum.
  230         (f)(e) The advisory council shall meet at least once
  231  annually at the call of the chair.
  232         (g)(f) Advisory council members shall serve without
  233  compensation and are not entitled to reimbursement for per diem
  234  or travel expenses.
  235         (15)FEES.—By December 1, 2020, the department shall submit
  236  a report to the President of the Senate and the Speaker of the
  237  House of Representatives which provides recommendations for
  238  initial license application fees and license renewal fees
  239  sufficient to cover the costs of implementing and administering
  240  this section. If such fees do not cover the costs of inspections
  241  and testing, the department shall include a separate cost
  242  breakdown for any other program fees that the department
  243  recommends and anticipates are necessary.
  244         Section 4. This act shall take effect upon becoming a law.