Florida Senate - 2022                                    SB 1906
       By Senator Rouson
       19-00685-22                                           20221906__
    1                        A bill to be entitled                      
    2         An act relating to hemp extract products; creating s.
    3         500.421, F.S.; defining terms; requiring certain hemp
    4         extract products to be registered with the Department
    5         of Agriculture and Consumer Services before being
    6         distributed or sold in this state; requiring
    7         registrants to renew registrations annually; providing
    8         that registrants assume full responsibility for their
    9         products; providing application requirements;
   10         authorizing the department to analyze whether product
   11         samples meet specified requirements; requiring the
   12         department to deny applications that fail to meet the
   13         requirements; authorizing the department to issue and
   14         enforce stop-sale orders and revoke or suspend
   15         registrations for violations; requiring the department
   16         to order a manufacturer or distributor to cease
   17         operations or distribution under certain
   18         circumstances; authorizing an administrative fine for
   19         violations after notice and hearing; authorizing the
   20         department to adopt rules; amending s. 581.217, F.S.;
   21         prohibiting hemp extract products intended for
   22         ingestion from being sold to persons under a specified
   23         age; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 500.421, Florida Statutes, is created to
   28  read:
   29         500.421 Hemp extract product registration.—
   30         (1)As used in this section, the term:
   31         (a)“Brand” means the product name appearing on the label
   32  of a hemp extract product.
   33         (b)“Distribute” means to sell or hold with the intent to
   34  sell, offer for sale, barter, or otherwise supply to a consumer.
   35         (c)“Hemp extract” has the same meaning as in s. 581.217.
   36         (d)“Label” means any display of written, printed, or
   37  graphic matter on, or attached to, a package or to the outside
   38  individual container or wrapper of a package containing a hemp
   39  extract product.
   40         (e)“Labeling” means the label and any other written,
   41  printed, or graphic matter accompanying a package.
   42         (f)“Package” means a sealed, tamperproof retail package or
   43  other container designed to sell hemp extract directly to a
   44  consumer. However, the term does not include shipping containers
   45  containing properly labeled inner containers.
   46         (g)“Product” means the specific hemp extract offering
   47  intended to be distributed with labeling that includes the brand
   48  and all additional descriptors, including, but not limited to,
   49  flavor, size, or volume and the specific cannabinoid content.
   50         (2)Each hemp extract product manufactured, distributed, or
   51  offered for sale in this state must be registered with the
   52  department before being distributed or sold. The person whose
   53  name appears on the label shall submit a completed application
   54  on a form adopted by department rule. A hemp extract product
   55  registration certificate is valid for 1 year after the date of
   56  issuance, and the registrant must annually renew the product on
   57  or before its expiration date. The registrant assumes, by
   58  application to register the product, full responsibility for the
   59  registration, quality, and quantity of the product sold,
   60  offered, or exposed for sale in this state.
   61         (3)The registrant must include all of the following items
   62  with a completed application:
   63         (a)A sample of the registrant’s hemp extract product and a
   64  copy of the proposed labeling as it will be distributed.
   65         (b)A certified report from an independent testing
   66  laboratory as defined in s. 581.217 which provides an analysis
   67  showing that the proposed hemp extract product is not
   68  adulterated and conforms to the standards of this section and
   69  any department rule adopted pursuant to this section. The
   70  product testing must have been conducted no more than 30 days
   71  before the registration application.
   72         (4)The department may analyze the product sample and
   73  inspect the proposed labeling to ensure that the product:
   74         (a)Meets all labeling claims;
   75         (b)Meets all labeling requirements as provided in s.
   76  581.217, this section, and any department rule;
   77         (c)Does not exceed a total delta-9-tetrahydrocannabinol
   78  concentration of 0.3 percent;
   79         (d)Is not adulterated as provided by this chapter and the
   80  rules adopted thereunder; and
   81         (e)Conforms to the standards of this section and any
   82  department rule adopted pursuant to this section.
   83         (5)The department shall deny a registration application
   84  that fails to meet the requirements of this section or any
   85  department rule adopted pursuant to this section.
   86         (6)The department may issue and enforce a stop-sale order,
   87  as provided in s. 500.172, and may revoke or suspend the product
   88  registration for any hemp extract product that the department
   89  finds or has probable cause to believe violates this section or
   90  any department rule adopted pursuant to this section.
   91         (7)If the department determines that an unregistered hemp
   92  extract product presents an imminent threat to the public
   93  health, safety, and welfare, the department, upon such a
   94  determination, must issue an immediate final order to the
   95  manufacturer and distributor of the unregistered product to
   96  cease operations or distribution until the product is registered
   97  in accordance with this section.
   98         (8)In addition to any other provision of law, the
   99  department may, after notice and hearing, impose an
  100  administrative fine in the Class III category pursuant to s.
  101  570.971 for each violation of this section.
  102         (9)The department may adopt rules to administer this
  103  section.
  104         Section 2. Subsection (7) of section 581.217, Florida
  105  Statutes, is amended to read:
  106         581.217 State hemp program.—
  108         (a) Hemp extract may only be distributed and sold in this
  109  the state if the product:
  110         1. Has a certificate of analysis prepared by an independent
  111  testing laboratory that states:
  112         a. The hemp extract is the product of a batch tested by the
  113  independent testing laboratory;
  114         b. The batch contained a total delta-9-tetrahydrocannabinol
  115  concentration that did not exceed 0.3 percent pursuant to the
  116  testing of a random sample of the batch; and
  117         c. The batch does not contain contaminants unsafe for human
  118  consumption.
  119         2. Is distributed or sold in a container that includes:
  120         a. A scannable barcode or quick response code linked to the
  121  certificate of analysis of the hemp extract batch by an
  122  independent testing laboratory;
  123         b. The batch number;
  124         c. The Internet address of a website where batch
  125  information may be obtained;
  126         d. The expiration date; and
  127         e. The number of milligrams of each marketed cannabinoid
  128  per serving.
  129         (b) Hemp extract distributed or sold in violation of this
  130  section shall be considered adulterated or misbranded pursuant
  131  to chapter 500, chapter 502, or chapter 580.
  132         (c) Hemp extract products that are intended for ingestion
  133  or inhalation and contain hemp extract may not be sold in this
  134  state to a person who is under 21 years of age.
  135         Section 3. This act shall take effect July 1, 2022.