Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1676
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2023           .                                

       The Committee on Fiscal Policy (Burton) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (n) of subsection (1) of section
    6  500.03, Florida Statutes, is amended, and subsection (4) is
    7  added to that section, to read:
    8         500.03 Definitions; construction; applicability.—
    9         (1) For the purpose of this chapter, the term:
   10         (n) “Food” includes:
   11         1. Articles used for food or drink for human consumption;
   12         2. Chewing gum;
   13         3. Articles used for components of any such article;
   14         4. Articles for which health claims are made, which claims
   15  are approved by the Secretary of the United States Department of
   16  Health and Human Services and which claims are made in
   17  accordance with s. 343(r) of the federal act, and which are not
   18  considered drugs solely because their labels or labeling contain
   19  health claims; and
   20         5. Dietary supplements as defined in 21 U.S.C. s.
   21  321(ff)(1) and (2); and
   22         6.Hemp extract as defined in s. 581.217.
   24  The term includes any raw, cooked, or processed edible
   25  substance; ice; any beverage; or any ingredient used, intended
   26  for use, or sold for human consumption.
   27         (4)For the purposes of this chapter, hemp extract is
   28  considered a food that requires time and temperature control for
   29  the safety and integrity of product.
   30         Section 2. Paragraph (b) of subsection (2) and subsections
   31  (3), (7), and (12) of section 581.217, Florida Statutes, are
   32  amended to read:
   33         581.217 State hemp program.—
   34         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
   35         (b) Hemp-derived cannabinoids, including, but not limited
   36  to, cannabidiol, are not controlled substances or adulterants if
   37  they are in compliance with this section.
   38         (3) DEFINITIONS.—As used in this section, the term:
   39         (a)“Attractive to children” means manufactured in the
   40  shape of humans, cartoons, or animals; manufactured in a form
   41  that bears any reasonable resemblance to an existing candy
   42  product that is familiar to the public as a widely distributed,
   43  branded food product such that a product could be mistaken for
   44  the branded product, especially by children; or containing any
   45  color additives.
   46         (b)(a) “Certifying agency” has the same meaning as in s.
   47  578.011(8).
   48         (c)(b) “Contaminants unsafe for human consumption”
   49  includes, but is not limited to, any microbe, fungus, yeast,
   50  mildew, herbicide, pesticide, fungicide, residual solvent,
   51  metal, or other contaminant found in any amount that exceeds any
   52  of the accepted limitations as determined by rules adopted by
   53  the Department of Health in accordance with s. 381.986, or other
   54  limitation pursuant to the laws of this state, whichever amount
   55  is less.
   56         (d)(c) “Cultivate” means planting, watering, growing, or
   57  harvesting hemp.
   58         (e)(d) “Hemp” means the plant Cannabis sativa L. and any
   59  part of that plant, including the seeds thereof, and all
   60  derivatives, extracts, cannabinoids, isomers, acids, salts, and
   61  salts of isomers thereof, whether growing or not, that has a
   62  total delta-9-tetrahydrocannabinol concentration that does not
   63  exceed 0.3 percent on a dry-weight basis, with the exception of
   64  hemp extract, which may not exceed 0.3 percent total delta-9
   65  tetrahydrocannabinol on a wet-weight basis.
   66         (f)(e) “Hemp extract” means a substance or compound
   67  intended for ingestion, containing more than trace amounts of a
   68  cannabinoid, or for inhalation which is derived from or contains
   69  hemp and which does not contain other controlled substances. The
   70  term does not include synthetic cannabidiol CBD or seeds or
   71  seed-derived ingredients that are generally recognized as safe
   72  by the United States Food and Drug Administration.
   73         (g)(f) “Independent testing laboratory” means a laboratory
   74  that:
   75         1. Does not have a direct or indirect interest in the
   76  entity whose product is being tested;
   77         2. Does not have a direct or indirect interest in a
   78  facility that cultivates, processes, distributes, dispenses, or
   79  sells hemp or hemp extract in the state or in another
   80  jurisdiction or cultivates, processes, distributes, dispenses,
   81  or sells marijuana, as defined in s. 381.986; and
   82         3. Is accredited by a third-party accrediting body as a
   83  competent testing laboratory pursuant to ISO/IEC 17025 of the
   84  International Organization for Standardization.
   86         (a) Hemp extract may only be distributed and sold in the
   87  state if the product:
   88         1. Has a certificate of analysis prepared by an independent
   89  testing laboratory that states:
   90         a. The hemp extract is the product of a batch tested by the
   91  independent testing laboratory;
   92         b. The batch contained a total delta-9-tetrahydrocannabinol
   93  concentration that did not exceed 0.3 percent pursuant to the
   94  testing of a random sample of the batch; and
   95         c. The batch does not contain contaminants unsafe for human
   96  consumption; and
   97         d.The batch was processed in a facility that holds a
   98  current and valid permit issued by a human health or food safety
   99  regulatory entity with authority over the facility, and that
  100  facility meets the human health or food safety sanitization
  101  requirements of the regulatory entity. Such compliance must be
  102  documented by a report from the regulatory entity confirming
  103  that the facility meets such requirements.
  104         2. Is distributed or sold in a container that includes:
  105         a. A scannable barcode or quick response code linked to the
  106  certificate of analysis of the hemp extract batch by an
  107  independent testing laboratory;
  108         b. The batch number;
  109         c. The Internet address of a website where batch
  110  information may be obtained;
  111         d. The expiration date; and
  112         e. The number of milligrams of each marketed cannabinoid
  113  per serving.
  114         3.Is distributed or sold in a container that:
  115         a.Is suitable to contain products for human consumption;
  116         b.Is composed of materials designed to minimize exposure
  117  to light;
  118         c.Mitigates exposure to high temperatures;
  119         d.Is not attractive to children; and
  120         e.Is compliant with the United States Poison Prevention
  121  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
  122  regard to provided exemptions.
  123         (b) Hemp extract may only be sold to a business in this
  124  state if that business is properly permitted as required by this
  125  section.
  126         (c) Hemp extract distributed or sold in this state is
  127  subject to the applicable requirements of violation of this
  128  section shall be considered adulterated or misbranded pursuant
  129  to chapter 500, chapter 502, or chapter 580.
  130         (d)(c) Products that are intended for human ingestion or
  131  inhalation and that contain hemp extract, including, but not
  132  limited to, snuff, chewing gum, and other smokeless products,
  133  may not be sold in this state to a person who is under 21 years
  134  of age. A person who violates this paragraph commits a
  135  misdemeanor of the second degree, punishable as provided in s.
  136  775.082 or s. 775.083. A person who commits a second or
  137  subsequent violation of this paragraph within 1 year after the
  138  initial violation commits a misdemeanor of the first degree,
  139  punishable as provided in s. 775.082 or s. 775.083.
  140         (e)Hemp extract distributed or sold in violation of this
  141  subsection is subject to s. 500.172 and penalties as provided in
  142  s. 500.121. Hemp extract products found to be mislabeled or
  143  attractive to children are subject to an immediate stop-sale
  144  order.
  145         (12) RULES.—By August 1, 2019, The department shall adopt
  146  rules, in consultation with the Department of Health and the
  147  Department of Business and Professional Regulation, shall
  148  initiate rulemaking to administer the state hemp program. The
  149  rules must provide for:
  150         (a) A procedure that uses post-decarboxylation or other
  151  similarly reliable methods for testing the delta-9
  152  tetrahydrocannabinol concentration of cultivated hemp.
  153         (b) A procedure for the effective disposal of plants,
  154  whether growing or not, that are cultivated in violation of this
  155  section or department rules, and products derived from those
  156  plants.
  157         (c)Packaging and labeling requirements that ensure that
  158  hemp extract intended for human ingestion or inhalation is not
  159  attractive to children.
  160         (d)Advertising regulations that ensure that hemp extract
  161  intended for human ingestion or inhalation is not marketed or
  162  advertised in a manner that specifically targets or is
  163  attractive to children.
  164         Section 3. For the purpose of incorporating the amendments
  165  made by this act to section 581.217, Florida Statutes, in a
  166  reference thereto, subsection (3) of section 893.02, Florida
  167  Statutes, is reenacted to read:
  168         893.02 Definitions.—The following words and phrases as used
  169  in this chapter shall have the following meanings, unless the
  170  context otherwise requires:
  171         (3) “Cannabis” means all parts of any plant of the genus
  172  Cannabis, whether growing or not; the seeds thereof; the resin
  173  extracted from any part of the plant; and every compound,
  174  manufacture, salt, derivative, mixture, or preparation of the
  175  plant or its seeds or resin. The term does not include
  176  “marijuana,” as defined in s. 381.986, if manufactured,
  177  possessed, sold, purchased, delivered, distributed, or
  178  dispensed, in conformance with s. 381.986. The term does not
  179  include hemp as defined in s. 581.217 or industrial hemp as
  180  defined in s. 1004.4473.
  181         Section 4. This act shall take effect July 1, 2023.
  183  ================= T I T L E  A M E N D M E N T ================
  184  And the title is amended as follows:
  185         Delete everything before the enacting clause
  186  and insert:
  187                        A bill to be entitled                      
  188         An act relating to hemp; amending s. 500.03, F.S.;
  189         revising the definition of the term “food”; providing
  190         that hemp extract is considered a food subject to
  191         certain requirements; amending s. 581.217, F.S.;
  192         revising legislative findings regarding the state hemp
  193         program; defining the term “attractive to children”;
  194         revising definitions; revising the requirements that
  195         hemp extract must meet before being distributed and
  196         sold in this state; providing that hemp extract may
  197         only be sold to businesses in this state which meet
  198         certain permitting requirements; providing that hemp
  199         extract distributed or sold in this state must meet
  200         certain requirements; prohibiting products intended
  201         for human ingestion which contain hemp extract from
  202         being sold to persons under a specified age; providing
  203         civil and criminal penalties; providing enhanced
  204         criminal penalties for second or subsequent violations
  205         within a specified timeframe; providing that certain
  206         products are subject to an immediate stop-sale order;
  207         requiring the Department of Agriculture and Consumer
  208         Services to adopt specified rules; removing obsolete
  209         provisions; reenacting s. 893.02(3), F.S., relating to
  210         the definition of the term “cannabis,” to incorporate
  211         the amendments made to s. 581.217, F.S., in a
  212         reference thereto; providing an effective date.