Florida Senate - 2023                             CS for SB 1676
       By the Committee on Agriculture; and Senators Burton and
       575-02800-23                                          20231676c1
    1                        A bill to be entitled                      
    2         An act relating to hemp; amending s. 500.03, F.S.;
    3         revising the definition of the term “food”; providing
    4         that hemp extract is considered a food subject to
    5         certain requirements; amending s. 581.217, F.S.;
    6         revising legislative findings for the state hemp
    7         program; revising and defining terms; revising the
    8         requirements that hemp extract must meet before being
    9         distributed and sold in this state; providing that
   10         hemp extract may only be sold to businesses in this
   11         state which meet certain permitting requirements;
   12         providing that hemp extract distributed or sold in
   13         this state must meet certain requirements; prohibiting
   14         products intended for human ingestion which contain
   15         hemp extract from being sold to persons under a
   16         specified age; providing a requirement for products
   17         intended for human ingestion or inhalation; requiring
   18         the Department of Agriculture and Consumer Services to
   19         adopt rules; removing obsolete provisions; reenacting
   20         s. 893.02(3), F.S., relating to the definition of the
   21         term “cannabis,” to incorporate the amendment made to
   22         s. 581.217, F.S., in a reference thereto; providing an
   23         effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Paragraph (n) of subsection (1) of section
   28  500.03, Florida Statutes, is amended, and subsection (4) is
   29  added to that section, to read:
   30         500.03 Definitions; construction; applicability.—
   31         (1) For the purpose of this chapter, the term:
   32         (n) “Food” includes:
   33         1. Articles used for food or drink for human consumption;
   34         2. Chewing gum;
   35         3. Articles used for components of any such article;
   36         4. Articles for which health claims are made, which claims
   37  are approved by the Secretary of the United States Department of
   38  Health and Human Services and which claims are made in
   39  accordance with s. 343(r) of the federal act, and which are not
   40  considered drugs solely because their labels or labeling contain
   41  health claims; and
   42         5. Dietary supplements as defined in 21 U.S.C. s.
   43  321(ff)(1) and (2); and
   44         6.Hemp extract as defined in s. 581.217.
   46  The term includes any raw, cooked, or processed edible
   47  substance; ice; any beverage; or any ingredient used, intended
   48  for use, or sold for human consumption.
   49         (4)For the purposes of this chapter, hemp extract is
   50  considered a food that requires time and temperature control for
   51  safety and integrity of product.
   52         Section 2. Paragraph (b) of subsection (2), paragraphs (d)
   53  and (e) of subsection (3), and subsections (7) and (12) of
   54  section 581.217, Florida Statutes, are amended, and paragraphs
   55  (g) and (h) are added to subsection (3) of that section, to
   56  read:
   57         581.217 State hemp program.—
   58         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
   59         (b) Hemp-derived cannabinoids, including, but not limited
   60  to, cannabidiol, are not controlled substances or adulterants if
   61  they are in compliance with this section.
   62         (3) DEFINITIONS.—As used in this section, the term:
   63         (d) “Hemp” means the plant Cannabis sativa L. and any part
   64  of that plant, including the seeds thereof, and all derivatives,
   65  extracts, cannabinoids, isomers, acids, salts, and salts of
   66  isomers thereof, whether growing or not, that has a total delta
   67  9-tetrahydrocannabinol concentration that does not exceed 0.3
   68  percent on a dry-weight basis, with the exception of hemp
   69  extract, which may not exceed 0.5 milligrams total cannabinoids
   70  per container, and 0.3 percent total delta-9
   71  tetrahydrocannabinol on a wet-weight basis. The term does not
   72  include synthetically derived cannabinoids.
   73         (e) “Hemp extract” means a substance or compound intended
   74  for ingestion, containing more than trace amounts of a
   75  cannabinoid, or for inhalation which is derived from or contains
   76  hemp and which does not contain other controlled substances. The
   77  term includes snuff, chewing gum, and smokeless products derived
   78  from or containing hemp, but does not include cannabinoids that
   79  are synthetically derived synthetic CBD or seeds or seed-derived
   80  ingredients that are generally recognized as safe by the United
   81  States Food and Drug Administration.
   82         (g)“Synthetically derived cannabinoid” means any
   83  cannabinoid created by any process other than direct extraction
   84  from hemp and without further reacting with other chemicals to
   85  increase the concentration of a present cannabinoid or to create
   86  a new or different cannabinoid not originally found in the
   87  extract.
   88         (h)“Total tetrahydrocannabinol” means the sum of all
   89  cannabinoids as defined by the department in milligrams.
   91         (a) Hemp extract may only be distributed and sold in the
   92  state if the product:
   93         1. Has a certificate of analysis prepared by an independent
   94  testing laboratory that states:
   95         a. The hemp extract is the product of a batch tested by the
   96  independent testing laboratory;
   97         b. The batch contained 0.5 milligrams total cannabinoids
   98  per serving a total delta-9-tetrahydrocannabinol concentration
   99  that did not exceed 0.3 percent pursuant to the testing of a
  100  random sample of the batch; and
  101         c. The batch does not contain contaminants unsafe for human
  102  consumption; and
  103         d.The batch was processed in a facility that holds a
  104  current and valid permit issued by a human health or food safety
  105  regulatory entity with authority over the facility, and that
  106  facility meets the human health or food safety sanitization
  107  requirements of the regulatory entity. Such compliance must be
  108  documented by a report from the regulatory entity confirming
  109  that the facility meets such requirements.
  110         2. Is distributed or sold in a container that includes:
  111         a. A scannable barcode or quick response code linked to the
  112  certificate of analysis of the hemp extract batch by an
  113  independent testing laboratory;
  114         b. The batch number;
  115         c. The Internet address of a website where batch
  116  information may be obtained;
  117         d. The expiration date; and
  118         e. The number of milligrams of each marketed cannabinoid
  119  per serving.
  120         3.Is distributed or sold in a container that:
  121         a.Is suitable to contain products for human consumption;
  122         b.Is composed of materials designed to minimize exposure
  123  to light;
  124         c.Mitigates exposure to high temperatures;
  125         d.Is not attractive to children; and
  126         e.Is compliant with the United States Poison Prevention
  127  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq, without regard
  128  to provided exemptions.
  129         (b) Hemp extract may only be sold to a business in this
  130  state if that business is properly permitted as required by this
  131  section.
  132         (c) Hemp extract distributed or sold in this state is
  133  subject to the applicable requirements of violation of this
  134  section shall be considered adulterated or misbranded pursuant
  135  to chapter 500, chapter 502, or chapter 580.
  136         (d)(c) Products that are intended for human ingestion or
  137  inhalation and contain hemp extract may not:
  138         1. Be sold in this state to a person who is under 21 years
  139  of age; or.
  140         2.Exceed 0.5 milligrams total tetrahydrocannabinol per
  141  serving or 2 milligrams total tetrahydrocannabinol per package.
  142         (12) RULES.—
  143         (a)By August 1, 2019, The department shall adopt rules, in
  144  consultation with the Department of Health and the Department of
  145  Business and Professional Regulation, shall initiate rulemaking
  146  to administer the state hemp program. The rules must provide
  147  for:
  148         1.(a) A procedure that uses post-decarboxylation or other
  149  similarly reliable methods for testing the delta-9
  150  tetrahydrocannabinol concentration of cultivated hemp.
  151         2.(b) A procedure for the effective disposal of plants,
  152  whether growing or not, that are cultivated in violation of this
  153  section or department rules, and products derived from those
  154  plants.
  155         3.Packaging and labeling requirements that ensure that
  156  hemp extract intended for human ingestion or inhalation is not
  157  attractive to children.
  158         4.Advertising regulations that ensure hemp extract
  159  intended for human ingestion or inhalation is not marketed or
  160  advertised in a manner that specifically targets or is
  161  attractive to children.
  162         (b)The department shall adopt rules pursuant to ss.
  163  120.536(1) and 120.54, establishing the cannabinoids to include
  164  in calculating total cannabinoids, which must include, at a
  165  minimum, delta-8 tetrahydrocannabinol, delta-9
  166  tetrahydrocannabinol, delta-9 tetrahydrocannalibonic acid,
  167  delta-10 tetrahydrocannabinol, delta-9,11 tetrahydrocannabinol,
  168  exo-tetracannabinol, and hexahydrocannabinol.
  169         Section 3. For the purpose of incorporating the amendment
  170  made by this act to section 581.217, Florida Statutes, in a
  171  reference thereto, subsection (3) of section 893.02, Florida
  172  Statutes, is reenacted to read:
  173         893.02 Definitions.—The following words and phrases as used
  174  in this chapter shall have the following meanings, unless the
  175  context otherwise requires:
  176         (3) “Cannabis” means all parts of any plant of the genus
  177  Cannabis, whether growing or not; the seeds thereof; the resin
  178  extracted from any part of the plant; and every compound,
  179  manufacture, salt, derivative, mixture, or preparation of the
  180  plant or its seeds or resin. The term does not include
  181  “marijuana,” as defined in s. 381.986, if manufactured,
  182  possessed, sold, purchased, delivered, distributed, or
  183  dispensed, in conformance with s. 381.986. The term does not
  184  include hemp as defined in s. 581.217 or industrial hemp as
  185  defined in s. 1004.4473.
  186         Section 4. This act shall take effect July 1, 2023.