Bill Text: IA SF2380 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the manufacture, sale, and consumption of certain products containing hemp, and including effective date provisions. (Formerly SSB 3173.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-06-05 - Withdrawn. S.J. 700. [SF2380 Detail]
Download: Iowa-2019-SF2380-Introduced.html
Senate
File
2380
-
Introduced
SENATE
FILE
2380
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3173)
A
BILL
FOR
An
Act
relating
to
the
manufacture,
sale,
and
consumption
of
1
certain
products
containing
hemp,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
204.2,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
01.
“Consumable
hemp
product”
means
a
3
hemp
product
that
includes
a
substance
that
is
metabolized
4
or
is
otherwise
subject
to
a
biotransformative
process
when
5
introduced
into
a
human
or
animal
body.
6
a.
A
consumable
hemp
product
may
be
introduced
into
a
7
human
or
animal
body
by
ingestion
or
absorption
by
any
device
8
including
but
not
limited
to
an
electronic
device.
9
b.
A
consumable
hemp
product
may
exist
in
a
solid
or
liquid
10
state.
11
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
12
if
it
is
any
of
the
following:
13
(1)
Designed
by
the
processor,
including
the
manufacturer,
14
to
be
introduced
into
a
human
or
animal
body.
15
(2)
Advertised
as
an
item
to
be
introduced
into
a
human
or
16
animal
body.
17
(3)
Distributed,
exported,
or
imported
for
sale
or
18
distribution
to
be
introduced
into
a
human
or
animal
body.
19
d.
“Consumable
hemp
product”
includes
but
is
not
limited
to
20
any
of
the
following:
21
(1)
A
noncombustible
form
of
hemp
that
may
be
digested,
22
such
as
food;
internally
absorbed,
such
as
chew
or
snuff;
or
23
absorbed
through
the
skin,
such
as
a
topical
application.
24
(2)
Hemp
processed
or
otherwise
manufactured,
marketed,
25
sold,
or
distributed
as
human
or
animal
food,
a
human
or
animal
26
food
additive,
a
human
or
animal
dietary
supplement,
or
a
human
27
or
animal
drug.
28
Sec.
2.
Section
204.7,
subsection
9,
paragraph
a,
Code
2020,
29
is
amended
to
read
as
follows:
30
a.
A
Except
as
provided
in
subsection
10,
a
person
may
31
engage
in
the
retail
sale
of
a
hemp
product
if
the
hemp
was
32
produced
in
this
state
or
another
state
in
compliance
with
the
33
federal
hemp
law
or
other
applicable
federal
law.
A
person
may
34
engage
in
the
retail
sale
of
a
hemp
product
if
the
hemp
was
35
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produced
in
another
jurisdiction
in
compliance
with
applicable
1
federal
law
and
the
laws
of
the
other
jurisdiction,
if
such
law
2
is
substantially
the
same
as
applicable
federal
law.
3
Sec.
3.
Section
204.7,
subsection
9,
paragraph
b,
Code
2020,
4
is
amended
by
striking
the
paragraph.
5
Sec.
4.
Section
204.7,
Code
2020,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
10.
a.
Except
as
provided
in
paragraph
8
“e”
,
a
consumable
hemp
product
shall
not
be
manufactured,
9
sold,
or
consumed
in
this
state
unless
all
of
the
following
10
conditions
are
met:
11
(1)
The
consumable
hemp
product
is
manufactured
in
this
12
state
in
compliance
with
this
chapter.
13
(2)
The
hemp
contained
in
the
consumable
hemp
product
was
14
produced
exclusively
in
this
state
in
compliance
with
this
15
chapter.
16
(3)
The
consumable
hemp
product
complies
with
packaging
17
and
labeling
requirements,
which
shall
be
established
by
the
18
department
of
inspections
and
appeals
by
rule.
19
b.
A
person
manufacturing
a
consumable
hemp
product
in
this
20
state
shall
register
with
the
department
on
a
form
prescribed
21
by
the
department
by
rule.
The
department
may
impose
a
22
fee
on
a
registrant
not
to
exceed
the
cost
of
processing
23
the
registration.
The
department
shall
adopt
rules
for
the
24
revocation
of
a
registration
issued
to
a
manufacturer
who
25
manufactures
a
consumable
hemp
product
not
in
compliance
with
26
this
chapter.
27
c.
A
person
selling
a
consumable
hemp
product
in
this
state
28
shall
register
with
the
department
of
inspections
and
appeals
29
on
a
form
prescribed
by
the
department
of
inspections
and
30
appeals
by
rule.
The
department
of
inspections
and
appeals
31
may
impose
a
fee
on
a
registrant
not
to
exceed
the
cost
of
32
processing
the
registration.
The
department
of
inspections
and
33
appeals
shall
adopt
rules
for
the
revocation
of
a
registration
34
issued
to
a
person
who
sells
a
consumable
hemp
product
not
in
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compliance
with
this
section.
1
d.
Except
as
otherwise
provided
in
this
subsection,
2
a
political
subdivision
of
the
state
shall
not
adopt
any
3
ordinance,
rule,
or
regulation
regarding
the
manufacture,
sale,
4
or
consumption
of
a
consumable
hemp
product.
5
e.
A
consumable
hemp
product
manufactured
in
another
6
state
pursuant
to
a
state
plan
approved
by
the
United
States
7
secretary
of
agriculture
may
be
imported
for
use
by
a
consumer
8
if
the
state
has
substantially
similar
testing
requirements
as
9
those
provided
in
section
204.8.
10
f.
A
consumable
hemp
product
manufactured,
sold,
or
11
consumed
in
compliance
with
this
subsection
is
not
a
controlled
12
substance
under
chapter
124
or
453B
regardless
of
whether
the
13
consumable
hemp
product
has
been
approved
by
the
United
States
14
food
and
drug
administration.
15
Sec.
5.
Section
204.17,
subsection
2,
paragraph
c,
Code
16
2020,
is
amended
to
read
as
follows:
17
c.
Local
law
relating
to
product
development,
product
18
manufacturing,
consumer
safety,
or
public
health
so
long
as
the
19
local
law
is
consistent
with
federal
and
state
law
,
except
as
20
provided
in
section
204.7,
subsection
10
.
21
Sec.
6.
CONTINGENT
EFFECTIVE
DATE.
22
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
23
on
the
date
that
chapter
204
is
implemented
as
provided
in
2019
24
Iowa
Acts,
chapter
130,
section
18,
subsection
1.
25
2.
a.
If
the
department
of
agriculture
and
land
26
stewardship,
in
cooperation
with
the
department
of
public
27
safety,
determines
that
the
United
States
department
of
28
agriculture
must
approve
any
amendment
to
an
existing
provision
29
or
new
provision
enacted
in
this
Act
as
part
of
a
state
plan
30
pursuant
to
section
204.3,
the
secretary
of
agriculture
shall
31
publish
a
notice
of
that
fact
in
the
Iowa
administrative
32
bulletin.
The
department
of
agriculture
and
land
stewardship
33
shall
forward
a
copy
of
the
statement
to
the
Code
editor
prior
34
to
publication.
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b.
If
a
determination
is
made
as
provided
in
paragraph
1
“a”,
the
amendment
or
new
provision
enacted
in
this
Act
takes
2
effect
on
the
publication
date
of
the
edition
of
the
Iowa
3
administrative
bulletin
that
includes
a
statement
by
the
4
secretary
of
agriculture
of
the
department
of
agriculture
and
5
land
stewardship
certifying
that
the
United
States
department
6
of
agriculture
has
approved
the
amendment
or
provision.
The
7
department
of
agriculture
and
land
stewardship
shall
forward
a
8
copy
of
the
statement
to
the
Code
editor
prior
to
publication.
9
3.
This
section
does
not
affect
the
implementation
of
10
provisions
amended
or
enacted
in
2019
Iowa
Acts,
chapter
130.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
manufacture,
sale,
and
consumption
15
of
consumable
hemp
products
in
this
state.
The
bill
defines
16
“consumable
hemp
product”
as
a
hemp
product
that
includes
a
17
substance
that
is
metabolized
or
is
otherwise
subject
to
a
18
biotransformative
process
when
introduced
into
a
human
or
19
animal
body.
20
The
bill
allows
a
person
to
manufacture,
sell,
or
consume
a
21
consumable
hemp
product
only
if
the
consumable
hemp
product
is
22
manufactured
in
Iowa
in
compliance
with
Code
chapter
204,
the
23
hemp
in
the
consumable
hemp
product
was
produced
exclusively
in
24
Iowa
in
compliance
with
Code
chapter
204,
and
the
consumable
25
hemp
product
complies
with
packaging
and
labeling
requirements
26
established
by
the
department
of
inspections
and
appeals
by
27
rule.
The
bill
also
allows
a
consumable
hemp
product
to
be
28
imported
for
use
by
a
consumer
if
the
state
from
which
the
29
consumable
hemp
product
is
being
imported
has
a
state
hemp
plan
30
approved
by
the
United
States
secretary
of
agriculture
and
31
testing
requirements
substantially
similar
to
those
of
this
32
state.
33
The
bill
requires
a
person
manufacturing
consumable
hemp
34
products
to
register
with
the
department
of
agriculture
and
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land
stewardship,
which
may
impose
a
fee
to
recoup
the
cost
of
1
registration.
A
person
selling
consumable
hemp
products
must
2
register
with
the
department
of
inspections
of
appeals,
which
3
may
also
impose
a
fee
to
recoup
the
cost
of
registration.
4
The
bill
prohibits
political
subdivisions
of
the
state
5
from
adopting
any
ordinance,
rule,
or
regulation
regarding
6
the
manufacture,
sale,
or
consumption
of
a
consumable
hemp
7
product,
and
exempts
consumable
hemp
products
that
comply
with
8
the
provisions
of
the
bill
from
classification
as
a
controlled
9
substance.
10
The
bill
takes
effect
on
the
implementation
date
of
Code
11
chapter
204,
unless
the
department
of
agriculture
and
land
12
stewardship,
acting
in
coordination
with
the
department
of
13
public
safety,
determines
that
the
provisions
must
be
submitted
14
to
the
United
State
department
of
agriculture
for
approval.
15
In
that
case,
the
provisions
take
effect
when
the
department
16
of
agriculture
and
land
stewardship
publishes
a
notice
of
the
17
United
States
department
of
agriculture’s
approval
in
the
Iowa
18
administrative
bulletin.
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