Bill Text: FL S1698 | 2024 | Regular Session | Enrolled
Bill Title: Food and Hemp Products
Spectrum: Bipartisan Bill
Status: (Vetoed) 2024-07-10 - Veto Message referred to Rules [S1698 Detail]
Download: Florida-2024-S1698-Enrolled.html
ENROLLED 2024 Legislature CS for SB 1698, 2nd Engrossed 20241698er 1 2 An act relating to food and hemp products; amending s. 3 581.217, F.S.; revising legislative findings; revising 4 definitions; defining the term “total delta-9 5 tetrahydrocannabinol concentration”; providing 6 conditions for the manufacture, delivery, hold, offer 7 for sale, distribution, or sale of hemp extract; 8 prohibiting businesses and food establishments from 9 possessing hemp extract products that are attractive 10 to children; prohibiting the Department of Agriculture 11 and Consumer Services from granting permission to 12 remove or use certain hemp extract products until it 13 determines that such hemp extract products comply with 14 state law; prohibiting event organizers from 15 promoting, advertising, or facilitating certain 16 events; requiring organizers of certain events to 17 provide a list of certain vendors to the department, 18 verify that vendors are only selling hemp products 19 from approved sources, and ensure that such vendors 20 are properly permitted; providing for administrative 21 fines; providing an appropriation; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Paragraph (b) of subsection (2), paragraphs (a), 27 (e), and (f) of subsection (3), and subsection (7) of section 28 581.217, Florida Statutes, are amended, and paragraph (h) is 29 added to subsection (3) of that section, to read: 30 581.217 State hemp program.— 31 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 32 (b) Hemp and hemp extract as defined in this sectionHemp33derived cannabinoids, including, but not limited to,34cannabidiol,are not controlled substancesor adulterants if35they are in compliance with this section. 36 (3) DEFINITIONS.—As used in this section, the term: 37 (a) “Attractive to children” means manufactured in the 38 shape of or packaged in containers displaying humans, cartoons, 39oranimals, toys, or other features that target children; 40 manufactured in a form or packaged in a container that bears any 41 reasonable resemblance to an existing candy or snack product 42 that is familiar to the public; manufactured in a form or 43 packaged in a container that bears any reasonable resemblance to 44 aas a widely distributed,branded food product such that thea45 product could be mistaken for the branded food product, 46 especially by children; or containing any color additives. 47 (e) “Hemp” means the plant Cannabis sativa L. and any part 48 of that plant, including the seeds thereof, and all derivatives, 49 extracts, cannabinoids, isomers, acids, salts, and salts of 50 isomers thereof, whether growing or not, that has a total delta 51 9-tetrahydrocannabinol concentration that does not exceed 0.3 52 percent on a dry-weight basis, with the exception of hemp 53 extract, which may not exceed 0.3 percent total delta-9 54 tetrahydrocannabinol concentration on a wet-weight basis or that 55 does not exceed 5 milligrams per serving and 50 milligrams per 56 container on a wet-weight basis, whichever is less. 57 (f) “Hemp extract” means hemp that isa substance or58compoundintended for ingestion or inhalation and that contains,59containingmore than trace amounts of a cannabinoid but, or for60inhalation which is derived from or contains hemp and whichdoes 61 not contain controlled substances listed in s. 893.03; any 62 quantity of synthetic cannabinoids; or delta-8 63 tetrahydrocannabinol, delta-10-tetrahydrocannabinol, 64 hexahydrocannabinol, tetrahydrocannabinol acetate, 65 tetrahydrocannabiphorol, or tetrahydrocannabivarin. The term 66 does not include synthetic cannabidiol or seeds or seed-derived 67 ingredients that are generally recognized as safe by the United 68 States Food and Drug Administration. 69 (h) “Total delta-9-tetrahydrocannabinol concentration” 70 means a concentration calculated as follows: [delta-9 71 tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic 72 acid]). 73 (7) MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE, 74 DISTRIBUTION, ANDRETAILSALE OF HEMP EXTRACT.— 75 (a) Hemp extract may only be manufactured, delivered, held, 76 offered for sale, distributed, orandsold in thisthestate if 77 the product: 78 1. Has a certificate of analysis prepared by an independent 79 testing laboratory that states: 80 a. The hemp extract is the product of a batch tested by the 81 independent testing laboratory; 82 b. The batch contained a total delta-9-tetrahydrocannabinol 83 concentration that did not exceed 0.3 percent pursuant to the 84 testing of a random sample of the batch. However, if the batch 85 is sold at retail, the batch must meet the total delta-9 86 tetrahydrocannabinol concentration limits set forth in paragraph 87 (3)(e) for hemp extract; 88 c. The batch does not contain contaminants unsafe for human 89 consumption; and 90 d. The batch was processed in a facility that holds a 91 current and valid permit issued by a human health or food safety 92 regulatory entity with authority over the facility, and that 93 facility meets the human health or food safety sanitization 94 requirements of the regulatory entity. Such compliance must be 95 documented by a report from the regulatory entity confirming 96 that the facility meets such requirements. 97 2. Is manufactured, delivered, held, offered for sale, 98 distributed, or sold in a container that includes: 99 a. A scannable barcode or quick response code linked to the 100 certificate of analysis of the hemp extract batch by an 101 independent testing laboratory; 102 b. The batch number; 103 c. The Internet address of a website where batch 104 information may be obtained; 105 d. The expiration date;and106 e. The number of milligrams of each marketed cannabinoid 107 per serving; and 108 f. The toll-free telephone number for the national Poison 109 Help line, (800)222-1222. 110 3. Is manufactured, delivered, held, offered for sale, 111 distributed, or sold in a container that: 112 a. Is suitable to contain products for human consumption; 113 b. Is composed of materials designed to minimize exposure 114 to light; 115 c. Mitigates exposure to high temperatures; 116 d. Is not attractive to children; and 117 e. Is compliant with the United States Poison Prevention 118 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 119 regard to provided exemptions. 120 (b) Hemp extract may only be sold to or procured by a 121 business in this state if that business is properly permitted as 122 required by this section. A business or food establishment may 123 not possess hemp extract products that are attractive to 124 children. 125 (c) Hemp extract manufactured, delivered, held, offered for 126 sale, distributed, or sold in this state is subject to the 127 applicable requirements of chapter 500, chapter 502, or chapter 128 580. 129 (d) Products that are intended for human ingestion or 130 inhalation and that contain hemp extract, including, but not 131 limited to, snuff, chewing gum, and other smokeless products, 132 may not be sold in this state to a person who is under 21 years 133 of age. A person who violates this paragraph commits a 134 misdemeanor of the second degree, punishable as provided in s. 135 775.082 or s. 775.083. A person who commits a second or 136 subsequent violation of this paragraph within 1 year after the 137 initial violation commits a misdemeanor of the first degree, 138 punishable as provided in s. 775.082 or s. 775.083. 139 (e) Hemp extract possessed, manufactured, delivered, held, 140 offered for sale, distributed, or sold in violation of this 141 subsection by an entity regulated under chapter 500 is subject 142 to s. 500.172 and penalties as provided in s. 500.121. Hemp 143 extract products found to be mislabeled or attractive to 144 children are subject to an immediate stop-sale order. The 145 department may not grant permission to remove or use, except for 146 disposal, hemp extract products subject to a stop-sale order 147 which are attractive to children until the department determines 148 that the hemp extract products comply with state law. 149 (f)1. An event organizer may not promote, advertise, or 150 facilitate an event where: 151 a. Hemp extract products that do not comply with general 152 law, including hemp extract products that are not from an 153 approved source as provided in sub-subparagraph (a)1.d., are 154 sold or marketed; or 155 b. Hemp extract products are sold or marketed by businesses 156 that are not properly permitted as required by this section and 157 chapter 500. 158 2. Before an event where hemp extract products are sold or 159 marketed, an event organizer must provide to the department a 160 list of the businesses selling or marketing hemp extract 161 products at the event and verify that each business is only 162 selling hemp products from an approved source. The event 163 organizer must ensure that each participating business is 164 properly permitted as required by this section and chapter 500. 165 3. A person who violates this paragraph is subject to an 166 administrative fine in the Class III category under s. 570.971 167 for each violation. 168 Section 2. For the 2024-2025 fiscal year, the sum of $2 169 million in nonrecurring funds is appropriated from the General 170 Revenue Fund to the Department of Law Enforcement for the 171 purchase of testing equipment necessary to implement this act. 172 Section 3. This act shall take effect October 1, 2024.