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. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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.— 107 (7) DISTRIBUTION AND
RETAILSALE OF HEMP EXTRACT.— 108 (a) Hemp extract may only be distributed and sold in this 109 thestate 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 areintended for ingestion 133 or inhalation and contain hemp extractmay 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.