Bill Text: FL S1676 | 2023 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hemp
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-29 - Chapter No. 2023-299 [S1676 Detail]
Download: Florida-2023-S1676-Comm_Sub.html
Bill Title: Hemp
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-29 - Chapter No. 2023-299 [S1676 Detail]
Download: Florida-2023-S1676-Comm_Sub.html
Florida Senate - 2023 CS for SB 1676 By the Committee on Agriculture; and Senators Burton and Rodriguez 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. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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;and42 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. 45 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 containothercontrolled 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 derivedsynthetic CBDor seeds or seed-derived 80 ingredientsthat aregenerally 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. 90 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.— 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 servinga total delta-9-tetrahydrocannabinol concentration99that did not exceed 0.3 percentpursuant to the testing of a 100 random sample of the batch;and101 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 ofviolation of this134section shall be considered adulterated or misbranded pursuant135tochapter 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, in144consultation with the Department of Health and the Department of145Business and Professional Regulation, shall initiate rulemaking146 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.