Senate Bill 1698 (2024) — Food and hemp products
SB 1698
Florida Bills
Florida Senate - 2024 SB 1698 By Senator Burton 12-00581B-24 20241698__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to food and hemp products; amending s. 2 581.217, F.S.; revising legislative findings; revising 3
definitions; defining the term “total delta-9-4 tetrahydrocannabinol concentration”; providing 5 conditions for the manufacture, delivery, hold, offer 6 for sale, distribution, or sale of hemp extract; 7 prohibiting businesses and food establishments from 8 possessing hemp extract products that are attractive 9 to children; prohibiting the Department of Agriculture 10 and Consumer Services from granting permission to 11 remove or use certain hemp extract products until it 12 determines that such hemp extract products comply with 13 state law; prohibiting event organizers from 14 promoting, advertising, or facilitating certain 15 events; requiring organizers of certain events to 16 provide a list of certain vendors to the department, 17 verify that vendors are only selling hemp products 18 from approved sources, and ensure that such vendors 19 are properly permitted; providing for administrative 20 fines; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24
Section 1. Paragraph (
b) of subsection (2), paragraphs (a), 25 (e), and (
f) of subsection (3), and subsection (7) of
section 26 581.217, Florida Statutes, are amended, and paragraph (
h) is 27 added to subsection (3) of that section, to read: 28 581.217 State hemp program.— 29
Florida Senate - 2024 SB 1698 12-00581B-24 20241698__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions.
(2) LEGISLATIVE FINDINGS.—The Legislature finds that: 30 (
b) Hemp and hemp extract as defined in this
section Hemp-31 derived cannabinoids, including, but not limited to, 32 cannabidiol, are not controlled substances or adulterants if 33 they are in compliance with this section. 34
(3) DEFINITIONS.—As used in this section, the term: 35 (a) “Attractive to children” means manufactured in the 36 shape of or packaged in containers displaying humans, cartoons, 37 or animals, toys, novel shapes, animations, promotional 38 characters, licensed characters, or other features that 39 specifically target children; manufactured in a form or packaged 40 in a container that bears any reasonable resemblance to an 41 existing candy or snack product that is familiar to the public; 42 manufactured in a form or packaged in a container that bears any 43 reasonable resemblance to a as a widely distributed, branded 44 food product such that the a product could be mistaken for the 45 branded food product, especially by children; or containing any 46 color additives; or, for hemp extract intended for inhalation, 47 the addition of any flavoring. 48 (e) “Hemp” means the plant Cannabis sativa L. and any
part 49 of that plant, including the seeds thereof, and all derivatives, 50 extracts, cannabinoids, isomers, acids, salts, and salts of 51 isomers thereof, whether growing or not, that has a total delta-52 9-tetrahydrocannabinol concentration that does not exceed 0.3 53 percent on a dry-weight basis, with the exception of hemp 54 extract, which may not exceed 0.3 percent total delta-9-55 tetrahydrocannabinol concentration on a wet-weight basis or that 56 does not exceed 2 milligrams per serving and 10 milligrams per 57 container on a wet-weight basis, whichever is less. 58
Florida Senate - 2024 SB 1698 12-00581B-24 20241698__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. (f) “Hemp extract” means a substance or compound intended 59 for ingestion, containing more than trace amounts of a 60 cannabinoid, or for inhalation which is derived from or contains 61 hemp but and which does not contain synthetic or naturally 62 occurring versions of controlled substances listed in s. 893.03, 63 such as delta-8-tetrahydrocannabinol, delta-10-64 tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol 65 acetate, tetrahydrocannabiphorol, and tetrahydrocannabivarin. 66 The term does not include synthetic cannabidiol or seeds or 67 seed-derived ingredients that are generally recognized as safe 68 by the United 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, AND RETAIL SALE OF HEMP EXTRACT.— 75 (
a) Hemp extract may only be manufactured, delivered, held, 76 offered for sale, distributed, or and sold in this the state 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
Florida Senate - 2024 SB 1698 12-00581B-24 20241698__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. (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; and 106 e. The number of milligrams of each marketed cannabinoid 107 per serving. 108 3. Is manufactured, delivered, held, offered for sale, 109 distributed, or sold in a container that: 110 a.
Is suitable to contain products for human consumption; 111 b. Is composed of materials designed to minimize exposure 112 to light; 113 c. Mitigates exposure to high temperatures; 114 d. Is not attractive to children; and 115 e. Is compliant with the United States Poison Prevention 116
Florida Senate - 2024 SB 1698 12-00581B-24 20241698__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 117 regard to provided exemptions. 118 (
b) Hemp extract may only be sold to or procured by a 119 business in this state if that business is properly permitted as 120 required by this section. A business or food establishment may 121 not possess hemp extract products that are attractive to 122 children. 123 (
c) Hemp extract manufactured, delivered, held, offered for 124 sale, distributed, or sold in this state is subject to the 125 applicable requirements of
chapter 500,
chapter 502, or
chapter 126 580. 127 (
d) Products that are intended for human ingestion or 128 inhalation and that contain hemp extract, including, but not 129 limited to, snuff, chewing gum, and other smokeless products, 130 may not be sold in this state to a person who is under 21 years 131 of age. A person who violates this paragraph commits a 132 misdemeanor of the second degree, punishable as provided in s. 133 775.082 or s. 775.083. A person who commits a second or 134 subsequent violation of this paragraph within 1 year after the 135 initial violation commits a misdemeanor of the first degree, 136 punishable as provided in s. 775.082 or s. 775.083. 137 (
e) Hemp extract possessed, manufactured, delivered, held, 138 offered for sale, distributed, or sold in violation of this 139 subsection by an entity regulated under
chapter 500 is subject 140 to s. 500.172 and penalties as provided in s. 500.121. Hemp 141 extract products found to be mislabeled or attractive to 142 children are subject to an immediate stop-sale order. The 143 department may not grant permission to remove or use, except for 144 disposal, hemp extract products subject to a stop-sale order 145
Florida Senate - 2024 SB 1698 12-00581B-24 20241698__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. which are attractive to children until the department determines 146 that the hemp extract products comply with state law. 147 (f)1. An event organizer may not promote, advertise, or 148 facilitate an event where: 149 a. Hemp extract products that do not comply with general 150 law, including hemp extract products that are not from an 151 approved source as provided in sub-subparagraph (a)1.d, are sold 152 or marketed; or 153 b. Hemp extract products are sold or marketed by businesses 154 that are not properly permitted as required by this
section and 155
chapter 500. 156 2. Before an event where hemp extract products are sold or 157 marketed, an event organizer must provide to the department a 158 list of the businesses selling or marketing hemp extract 159 products at the event and verify that each business is only 160 selling hemp products from an approved source. The event 161 organizer must ensure that each participating business is 162 properly permitted as required by this
section and
chapter 500. 163 3. A person who violates this paragraph is subject to an 164 administrative fine in the Class III category under s. 570.971 165 for each violation. 166