Title: Hemp Extract Products

Summary: Requiring certain hemp extract products to be registered with the Department of Agriculture and Consumer Services before being distributed or sold in this state; requiring registrants to renew registrations annually; requiring the department to deny applications that fail to meet the requirements; authorizing the department to issue and enforce stop-sale orders and revoke or suspend registrations for violations; requiring the department to order a manufacturer or distributor to cease operations or distribution under certain circumstances; prohibiting hemp extract products intended for ingestion from being sold to persons under a specified age, etc.

Full Text:
An act relating to hemp extract products; creating s. 500.421, F.S.; defining terms; requiring certain hemp extract products to be registered with the Department of Agriculture and Consumer Services before being distributed or sold in this state; requiring registrants to renew registrations annually; providing that registrants assume full responsibility for their products; providing application requirements; authorizing the department to analyze whether product samples meet specified requirements; requiring the department to deny applications that fail to meet the requirements; authorizing the department to issue and enforce stop-sale orders and revoke or suspend registrations for violations; requiring the department to order a manufacturer or distributor to cease operations or distribution under certain circumstances; authorizing an administrative fine for violations after notice and hearing; authorizing the department to adopt rules; amending s. 581.217, F.S.; prohibiting hemp extract products intended for ingestion from being sold to persons under a specified age; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 500.421, Florida Statutes, is created to read: 500.421  Hemp extract product registration.  (1)   As used in this section, the term: (a)    Brand  means the product name appearing on the label of a hemp extract product. (b)    Distribute  means to sell or hold with the intent to sell, offer for sale, barter, or otherwise supply to a consumer. (c)    Hemp extract  has the same meaning as in s. 581.217. (d)    Label  means any display of written, printed, or graphic matter on, or attached to, a package or to the outside individual container or wrapper of a package containing a hemp extract product. (e)    Labeling  means the label and any other written, printed, or graphic matter accompanying a package. (f)    Package  means a sealed, tamperproof retail package or other container designed to sell hemp extract directly to a consumer. However, the term does not include shipping containers containing properly labeled inner containers. (g)    Product  means the specific hemp extract offering intended to be distributed with labeling that includes the brand and all additional descriptors, including, but not limited to, flavor, size, or volume and the specific cannabinoid content. (2)   Each hemp extract product manufactured, distributed, or offered for sale in this state must be registered with the department before being distributed or sold. The person whose name appears on the label shall submit a completed application on a form adopted by department rule. A hemp extract product registration certificate is valid for year after the date of issuance, and the registrant must annually renew the product on or before its expiration date. The registrant assumes, by application to register the product, full responsibility for the registration, quality, and quantity of the product sold, offered, or exposed for sale in this state. (3)   The registrant must include all of the following items with a completed application: (a)   A sample of the registrant s hemp extract product and a copy of the proposed labeling as it will be distributed. (b)   A certified report from an independent testing laboratory as defined in s. 581.217 which provides an analysis showing that the proposed hemp extract product is not adulterated and conforms to the standards of this section and any department rule adopted pursuant to this section. The product testing must have been conducted no more than days before the registration application. (4)   The department may analyze the product sample and inspect the proposed labeling to ensure that the product: (a)   Meets all labeling claims; (b)   Meets all labeling requirements as provided in s. 581.217, this section, and any department rule; (c)   Does not exceed a total delta-9-tetrahydrocannabinol concentration of 0.3 percent; (d)   Is not adulterated as provided by this chapter and the rules adopted thereunder; and (e)   Conforms to the standards of this section and any department rule adopted pursuant to this section. (5)   The department shall deny a registration application that fails to meet the requirements of this section or any department rule adopted pursuant to this section. (6)   The department may issue and enforce a stop-sale order, as provided in s. 500.172, and may revoke or suspend the product registration for any hemp extract product that the department finds or has probable cause to believe violates this section or any department rule adopted pursuant to this section. (7)   If the department determines that an unregistered hemp extract product presents an imminent threat to the public health, safety, and welfare, the department, upon such a determination, must issue an immediate final order to the manufacturer and distributor of the unregistered product to cease operations or distribution until the product is registered in accordance with this section. (8)   In addition to any other provision of law, the department may, after notice and hearing, impose an administrative fine in the Class III category pursuant to s. 570.971 for each violation of this section. (9)   The department may adopt rules to administer this section. Section 2. Subsection (7) of section 581.217, Florida Statutes, is amended to read: 581.217 State hemp program.  (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.  (a) Hemp extract may only be distributed and sold in this the state if the product: 1. Has a certificate of analysis prepared by an independent testing laboratory that states: a. The hemp extract is the product of a batch tested by the independent testing laboratory; b. The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent pursuant to the testing of a random sample of the batch; and c. The batch does not contain contaminants unsafe for human consumption. 2. Is distributed or sold in a container that includes: a. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory; b. The batch number; c. The Internet address of a website where batch information may be obtained; d. The expiration date; and e. The number of milligrams of each marketed cannabinoid per serving. (b) Hemp extract distributed or sold in violation of this section shall be considered adulterated or misbranded pursuant to chapter 500, chapter 502, or chapter 580. (c)  Hemp extract products that are intended for ingestion or inhalation and contain hemp extract may not be sold in this state to a person who is under years of age. Section 3. This act shall take effect July 1, 2022.