Bill Text: IL HB0064 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, a food, food ingredient, dietary supplement, cosmetic, or other consumer product shall not be considered adulterated solely because it contains hemp, hemp-derived cannabinoids, including, but not limited to, Delta-9 tetrahydrocannabinol (THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any hemp product, provided that the hemp used in the product complies with the definition of "hemp" as specified in federal law. Amends the Industrial Hemp Act. Conforms several provisions in the Act to federal regulations under the Domestic Hemp Production Program, including (i) definitions, (ii) requirements for the application for a license to cultivate hemp, and (iii) rulemaking requirements for the Department of Agriculture. Provides that the Department of Agriculture shall adopt rules for the distribution and retail sale of hemp products under conditions in specified provisions of the Act. Provides that hemp products that contain cannabinoids, that are intended for human consumption, and that are designated for retail sale within Illinois (i) must meet specified requirements, including federal requirements and rules adopted by the Department of Public Health, and (ii) must be distributed or sold in a container that includes specified information. Provides that hemp products that are intended for inhalation or ingestion and contain detectable amounts of hemp cannabinoids may not be sold in this State to a person who is under 21 years of age. Provides that hemp products distributed or sold in violation of specified provisions in the Act shall be considered adulterated or misbranded pursuant to the Illinois Food, Drug and Cosmetic Act and all other applicable State laws. Defines terms. Makes technical changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB0064 Detail]

Download: Illinois-2025-HB0064-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0064 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
410 ILCS 620/21 from Ch. 56 1/2, par. 521
505 ILCS 89/5
505 ILCS 89/10
505 ILCS 89/15
505 ILCS 89/20
Amends the Illinois Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, a food, food ingredient, dietary supplement, cosmetic, or other consumer product shall not be considered adulterated solely because it contains hemp, hemp-derived cannabinoids, including, but not limited to, Delta-9 tetrahydrocannabinol (THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any hemp product, provided that the hemp used in the product complies with the definition of "hemp" as specified in federal law. Amends the Industrial Hemp Act. Conforms several provisions in the Act to federal regulations under the Domestic Hemp Production Program, including (i) definitions, (ii) requirements for the application for a license to cultivate hemp, and (iii) rulemaking requirements for the Department of Agriculture. Provides that the Department of Agriculture shall adopt rules for the distribution and retail sale of hemp products under conditions in specified provisions of the Act. Provides that hemp products that contain cannabinoids, that are intended for human consumption, and that are designated for retail sale within Illinois (i) must meet specified requirements, including federal requirements and rules adopted by the Department of Public Health, and (ii) must be distributed or sold in a container that includes specified information. Provides that hemp products that are intended for inhalation or ingestion and contain detectable amounts of hemp cannabinoids may not be sold in this State to a person who is under 21 years of age. Provides that hemp products distributed or sold in violation of specified provisions in the Act shall be considered adulterated or misbranded pursuant to the Illinois Food, Drug and Cosmetic Act and all other applicable State laws. Defines terms. Makes technical changes.
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A BILL FOR
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AN ACT concerning hemp.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 21 as follows:
(410 ILCS 620/21) (from Ch. 56 1/2, par. 521)
Sec. 21. Rulemaking; enforcement; federal regulations.
(a) The authority to adopt rules promulgate regulations
for the efficient enforcement of this Act is vested in the
Director. The Director is authorized to make the rules adopted
regulations promulgated under this Act conform, in so far as
practicable, with those promulgated under the Federal Act.
(b) Hearings authorized or required by this Act shall be
conducted by the Director or an officer, agent, or employee
designated by the Director him.
(c) All pesticide chemical regulations and supplements
thereto or revisions to those regulations that are thereof
adopted under authority of the Federal Food, Drug and Cosmetic
Act are the pesticide chemical regulations in this State,
except insofar as modified or rejected by rules regulations
for finished foods adopted promulgated by the Director.
(d) All food additive regulations and supplements thereto
or revisions to those regulations that are thereof adopted

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under authority of the Federal Food, Drug and Cosmetic Act are
the food additive regulations in this State, except insofar as
modified or rejected by rules adopted regulations promulgated
by the Director.
(e) All color additive regulations and supplements thereto
or revisions to those regulations that are thereof adopted
under authority of the Federal Food, Drug and Cosmetic Act are
the color additive regulations in this State, except insofar
as modified or rejected by rules adopted regulations
promulgated by the Director.
(f) All special dietary use regulations and supplements
thereto or revisions to those regulations that are thereof
adopted under authority of the Federal Food, Drug and Cosmetic
Act are the special dietary use regulations in this State,
except insofar as modified or rejected by rules adopted
regulations promulgated by the Director.
(g) All bottled water and vended water device regulations
and supplements thereto or revisions to those regulations that
are thereof adopted under the authority of the Federal Food,
Drug and Cosmetic Act are the bottled water and vended water
device regulations in this State, except insofar as modified
or rejected by rules adopted regulations promulgated by the
Director.
(h) All infant formula regulations and supplements thereto
or revisions to those regulations that are thereof adopted
under the authority of the Federal Food, Drug and Cosmetic Act

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are the infant formula regulations in this State, except
insofar as modified or rejected by rules adopted regulations
promulgated by the Director.
(i) All food, drug, device, and cosmetic Good
Manufacturing Practices Regulations and supplements thereto or
revisions to those regulations that are thereof adopted under
the authority of Federal Food, Drug and Cosmetic Act are the
food, drug, device and cosmetic Good Manufacturing Practices
Regulations in this State, except insofar as modified or
rejected by rules adopted regulations promulgated by the
Director.
(j) A federal regulation automatically adopted pursuant to
this Act takes effect in this State on the date it becomes
effective as a Federal regulation. No publication or hearing
is required. The Director shall adopt promulgate all other
proposed rules regulations in compliance with the requirements
of the The Illinois Administrative Procedure Act.
(k) Notwithstanding any other provision of law, a food,
food ingredient, dietary supplement, cosmetic, or other
consumer product shall not be considered adulterated solely
because it contains hemp, hemp-derived cannabinoids,
including, but not limited to, Delta-9 tetrahydrocannabinol
(THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any
hemp product, provided that the hemp used in the product
complies with the definition of "hemp" as specified in 7
U.S.C. 1639o.

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(Source: P.A. 84-891.)
Section 10. The Industrial Hemp Act is amended by changing
Sections 5, 10, 15, and 20 as follows:
(505 ILCS 89/5)
Sec. 5. Definitions. In this Act:
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Hemp" or "industrial hemp" means the plant Cannabis
sativa L. and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis and includes any
intermediate or finished product made or derived from
industrial hemp.
"Hemp product" means a product that contains hemp.
"Hemp production plan" means a plan submitted by the
Department to the Secretary of the United States Department of
Agriculture pursuant to the federal Agriculture Improvement
Act of 2018, Public Law 115-334, and consistent with the
Domestic Hemp Production Program pursuant to 7 CFR Part 990
wherein the Department establishes its desire to have primary
regulatory authority over the production of hemp.
"Industrial hemp" means hemp or any intermediate or

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finished product made or derived from hemp.
"Lot" has the meaning ascribed to that term in 7 CFR 990.1.
"Land area" means a farm as defined in Section 1-60 of the
Property Tax Code in this State or land or facilities under the
control of an institution of higher education.
"Person" means any individual, partnership, firm,
corporation, company, society, association, the State or any
department, agency, or subdivision thereof, or any other
entity.
"Process" means the conversion of raw industrial hemp
plant material into a form that is presently legal to import
from outside the United States under federal law.
"THC" means delta-9 tetrahydrocannabinol.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/10)
Sec. 10. Licenses and registration.
(a) No person shall cultivate industrial hemp in this
State without a license issued by the Department.
(b) The application for a license shall include:
(1) the name and address of the applicant;
(2) a legal description of the land that contains the
lots where hemp is to be produced, including, to the
extent practicable, any geospatial locations consistent
with the Domestic Hemp Production Program under 7 CFR Part
990 the legal description of the land area, including

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Global Positioning System coordinates, to be used to
cultivate industrial hemp; and
(3) if federal law requires a research purpose for the
cultivation of industrial hemp, a description of one or
more research purposes planned for the cultivation of
industrial hemp which may include the study of the growth,
cultivation, or marketing of industrial hemp; however, the
research purpose requirement shall not be construed to
limit the commercial sale of industrial hemp.
(b-5) A person shall not process industrial hemp in this
State without registering with the Department on a form
prescribed by the Department.
(c) The Department may determine, by rule, the duration of
a license or registration; application, registration, and
license fees; and the requirements for license or registration
renewal.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/15)
Sec. 15. Rules.
(a) The Department shall submit to the Secretary of the
United States Department of Agriculture a hemp production plan
under which the Department monitors and regulates the
production of industrial hemp in this State. The Department
shall adopt rules incorporating the hemp production plan,
including application and licensing requirements.

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(b) The rules adopted set by the Department shall include
annual inspections of, at a minimum, a random group of
producers to verify that hemp is produced in compliance with
this Act and the Domestic Hemp Production Program established
under 7 CFR Part 990 one yearly inspection of a licensed
industrial hemp cultivation operation and allow for additional
unannounced inspections of a licensed industrial hemp
cultivation operation at the Department's discretion.
(c) The Department shall adopt rules necessary for the
administration and enforcement of this Act in accordance with
all applicable State and federal laws and regulations,
including rules concerning standards and criteria for
licensure and registration, for the payment of applicable
fees, signage, and for forms required for the administration
of this Act.
(d) The Department shall adopt rules for the testing of
the industrial hemp THC levels and for remediation or the
disposal of plant matter exceeding lawful THC levels,
including an option for a cultivator to retest for a minor
violation consistent with the Domestic Hemp Production Program
under 7 CFR Part 990. , with the retest threshold determined by
the Department and set in rule. Those rules may provide for the
use of seed certified to meet the THC levels mandated by this
Act as an alternative to testing
(e) The Department shall adopt rules for the distribution
and retail sale of hemp products that meet all conditions

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specified in Section 20 of this Act.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/20)
Sec. 20. Hemp products.
(a) Nothing in this Act shall alter the legality of hemp or
hemp products that are presently legal to possess or own,
except as otherwise provided in this Section.
(b) Hemp products that contain cannabinoids, that are
intended for human consumption, and that are designated for
retail sale within Illinois must meet the following
requirements:
(1) The hemp used in the hemp products must comply
with the definition of "hemp" specified in 7 U.S.C. 1639o.
(2) The hemp products must not contain contaminants
unsafe for human consumption, including, but not limited
to, any microbe, fungus, yeast, mildew, herbicide,
pesticide, fungicide, residual solvent, metal, or other
contaminant found in any amount that exceeds any of the
accepted limitations as determined by rules adopted by the
Department of Public Health for a food, food ingredient,
dietary supplement, cosmetic, or other consumer product,
or other limitation pursuant to the laws of this State,
whichever amount is less.
(c) Hemp products that contain cannabinoids, that are
intended for human consumption, and that are designated for

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