2023 Legislature                           CS for CS for SB 1676
    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 regarding the state hemp
    7         program; defining the term “attractive to children”;
    8         revising definitions; revising the requirements that
    9         hemp extract must meet before being distributed and
   10         sold in this state; providing that hemp extract may
   11         only be sold to businesses in this state which meet
   12         certain permitting requirements; providing that hemp
   13         extract distributed or sold in this state must meet
   14         certain requirements; prohibiting products intended
   15         for human ingestion which contain hemp extract from
   16         being sold to persons under a specified age; providing
   17         civil and criminal penalties; providing enhanced
   18         criminal penalties for second or subsequent violations
   19         within a specified timeframe; providing that certain
   20         products are subject to an immediate stop-sale order;
   21         requiring the Department of Agriculture and Consumer
   22         Services to adopt specified rules; removing obsolete
   23         provisions; reenacting s. 893.02(3), F.S., relating to
   24         the definition of the term “cannabis,” to incorporate
   25         the amendments made to s. 581.217, F.S., in a
   26         reference thereto; providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Paragraph (n) of subsection (1) of section
   31  500.03, Florida Statutes, is amended, and subsection (4) is
   32  added to that section, to read:
   33         500.03 Definitions; construction; applicability.—
   34         (1) For the purpose of this chapter, the term:
   35         (n) “Food” includes:
   36         1. Articles used for food or drink for human consumption;
   37         2. Chewing gum;
   38         3. Articles used for components of any such article;
   39         4. Articles for which health claims are made, which claims
   40  are approved by the Secretary of the United States Department of
   41  Health and Human Services and which claims are made in
   42  accordance with s. 343(r) of the federal act, and which are not
   43  considered drugs solely because their labels or labeling contain
   44  health claims; and
   45         5. Dietary supplements as defined in 21 U.S.C. s.
   46  321(ff)(1) and (2); and
   47         6.Hemp extract as defined in s. 581.217.
   49  The term includes any raw, cooked, or processed edible
   50  substance; ice; any beverage; or any ingredient used, intended
   51  for use, or sold for human consumption.
   52         (4)For the purposes of this chapter, hemp extract is
   53  considered a food that requires time and temperature control for
   54  the safety and integrity of product.
   55         Section 2. Paragraph (b) of subsection (2) and subsections
   56  (3), (7), and (12) of section 581.217, Florida Statutes, are
   57  amended to read:
   58         581.217 State hemp program.—
   59         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
   60         (b) Hemp-derived cannabinoids, including, but not limited
   61  to, cannabidiol, are not controlled substances or adulterants if
   62  they are in compliance with this section.
   63         (3) DEFINITIONS.—As used in this section, the term:
   64         (a)“Attractive to children” means manufactured in the
   65  shape of humans, cartoons, or animals; manufactured in a form
   66  that bears any reasonable resemblance to an existing candy
   67  product that is familiar to the public as a widely distributed,
   68  branded food product such that a product could be mistaken for
   69  the branded product, especially by children; or containing any
   70  color additives.
   71         (b)(a) “Certifying agency” has the same meaning as in s.
   72  578.011(8).
   73         (c)(b) “Contaminants unsafe for human consumption”
   74  includes, but is not limited to, any microbe, fungus, yeast,
   75  mildew, herbicide, pesticide, fungicide, residual solvent,
   76  metal, or other contaminant found in any amount that exceeds any
   77  of the accepted limitations as determined by rules adopted by
   78  the Department of Health in accordance with s. 381.986, or other
   79  limitation pursuant to the laws of this state, whichever amount
   80  is less.
   81         (d)(c) “Cultivate” means planting, watering, growing, or
   82  harvesting hemp.
   83         (e)(d) “Hemp” means the plant Cannabis sativa L. and any
   84  part of that plant, including the seeds thereof, and all
   85  derivatives, extracts, cannabinoids, isomers, acids, salts, and
   86  salts of isomers thereof, whether growing or not, that has a
   87  total delta-9-tetrahydrocannabinol concentration that does not
   88  exceed 0.3 percent on a dry-weight basis, with the exception of
   89  hemp extract, which may not exceed 0.3 percent total delta-9
   90  tetrahydrocannabinol on a wet-weight basis.
   91         (f)(e) “Hemp extract” means a substance or compound
   92  intended for ingestion, containing more than trace amounts of a
   93  cannabinoid, or for inhalation which is derived from or contains
   94  hemp and which does not contain other controlled substances. The
   95  term does not include synthetic cannabidiol CBD or seeds or
   96  seed-derived ingredients that are generally recognized as safe
   97  by the United States Food and Drug Administration.
   98         (g)(f) “Independent testing laboratory” means a laboratory
   99  that:
  100         1. Does not have a direct or indirect interest in the
  101  entity whose product is being tested;
  102         2. Does not have a direct or indirect interest in a
  103  facility that cultivates, processes, distributes, dispenses, or
  104  sells hemp or hemp extract in the state or in another
  105  jurisdiction or cultivates, processes, distributes, dispenses,
  106  or sells marijuana, as defined in s. 381.986; and
  107         3. Is accredited by a third-party accrediting body as a
  108  competent testing laboratory pursuant to ISO/IEC 17025 of the
  109  International Organization for Standardization.
  111         (a) Hemp extract may only be distributed and sold in the
  112  state if the product:
  113         1. Has a certificate of analysis prepared by an independent
  114  testing laboratory that states:
  115         a. The hemp extract is the product of a batch tested by the
  116  independent testing laboratory;
  117         b. The batch contained a total delta-9-tetrahydrocannabinol
  118  concentration that did not exceed 0.3 percent pursuant to the
  119  testing of a random sample of the batch; and
  120         c. The batch does not contain contaminants unsafe for human
  121  consumption; and
  122         d.The batch was processed in a facility that holds a
  123  current and valid permit issued by a human health or food safety
  124  regulatory entity with authority over the facility, and that
  125  facility meets the human health or food safety sanitization
  126  requirements of the regulatory entity. Such compliance must be
  127  documented by a report from the regulatory entity confirming
  128  that the facility meets such requirements.
  129         2. Is distributed or sold in a container that includes:
  130         a. A scannable barcode or quick response code linked to the
  131  certificate of analysis of the hemp extract batch by an
  132  independent testing laboratory;
  133         b. The batch number;
  134         c. The Internet address of a website where batch
  135  information may be obtained;
  136         d. The expiration date; and
  137         e. The number of milligrams of each marketed cannabinoid
  138  per serving.
  139         3.Is distributed or sold in a container that:
  140         a.Is suitable to contain products for human consumption;
  141         b.Is composed of materials designed to minimize exposure
  142  to light;
  143         c.Mitigates exposure to high temperatures;
  144         d.Is not attractive to children; and
  145         e.Is compliant with the United States Poison Prevention
  146  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
  147  regard to provided exemptions.
  148         (b) Hemp extract may only be sold to a business in this
  149  state if that business is properly permitted as required by this
  150  section.
  151         (c) Hemp extract distributed or sold in this state is
  152  subject to the applicable requirements of violation of this
  153  section shall be considered adulterated or misbranded pursuant
  154  to chapter 500, chapter 502, or chapter 580.
  155         (d)(c) Products that are intended for human ingestion or
  156  inhalation and that contain hemp extract, including, but not
  157  limited to, snuff, chewing gum, and other smokeless products,
  158  may not be sold in this state to a person who is under 21 years
  159  of age. A person who violates this paragraph commits a
  160  misdemeanor of the second degree, punishable as provided in s.
  161  775.082 or s. 775.083. A person who commits a second or
  162  subsequent violation of this paragraph within 1 year after the
  163  initial violation commits a misdemeanor of the first degree,
  164  punishable as provided in s. 775.082 or s. 775.083.
  165         (e)Hemp extract distributed or sold in violation of this
  166  subsection is subject to s. 500.172 and penalties as provided in
  167  s. 500.121. Hemp extract products found to be mislabeled or
  168  attractive to children are subject to an immediate stop-sale
  169  order.
  170         (12) RULES.—By August 1, 2019, The department shall adopt
  171  rules, in consultation with the Department of Health and the
  172  Department of Business and Professional Regulation, shall
  173  initiate rulemaking to administer the state hemp program. The
  174  rules must provide for:
  175         (a) A procedure that uses post-decarboxylation or other
  176  similarly reliable methods for testing the delta-9
  177  tetrahydrocannabinol concentration of cultivated hemp.
  178         (b) A procedure for the effective disposal of plants,
  179  whether growing or not, that are cultivated in violation of this
  180  section or department rules, and products derived from those
  181  plants.
  182         (c)Packaging and labeling requirements that ensure that
  183  hemp extract intended for human ingestion or inhalation is not
  184  attractive to children.
  185         (d)Advertising regulations that ensure that hemp extract
  186  intended for human ingestion or inhalation is not marketed or
  187  advertised in a manner that specifically targets or is
  188  attractive to children.
  189         Section 3. For the purpose of incorporating the amendments
  190  made by this act to section 581.217, Florida Statutes, in a
  191  reference thereto, subsection (3) of section 893.02, Florida
  192  Statutes, is reenacted to read:
  193         893.02 Definitions.—The following words and phrases as used
  194  in this chapter shall have the following meanings, unless the
  195  context otherwise requires:
  196         (3) “Cannabis” means all parts of any plant of the genus
  197  Cannabis, whether growing or not; the seeds thereof; the resin
  198  extracted from any part of the plant; and every compound,
  199  manufacture, salt, derivative, mixture, or preparation of the
  200  plant or its seeds or resin. The term does not include
  201  “marijuana,” as defined in s. 381.986, if manufactured,
  202  possessed, sold, purchased, delivered, distributed, or
  203  dispensed, in conformance with s. 381.986. The term does not
  204  include hemp as defined in s. 581.217 or industrial hemp as
  205  defined in s. 1004.4473.
  206         Section 4. This act shall take effect July 1, 2023.