Bill Text: FL S1876 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Hemp Program
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in returning Messages [S1876 Detail]
Download: Florida-2020-S1876-Introduced.html
Bill Title: State Hemp Program
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in returning Messages [S1876 Detail]
Download: Florida-2020-S1876-Introduced.html
Florida Senate - 2020 SB 1876 By Senator Montford 3-01045B-20 20201876__ 1 A bill to be entitled 2 An act relating to the state hemp program; amending s. 3 581.217, F.S.; deleting and redefining terms; removing 4 requirements regarding the types of seeds that a 5 licensee may use in the state hemp program; providing 6 that hemp extract that does not meet certain 7 requirements will be considered adulterated or 8 misbranded; prohibiting the selling of products made 9 from hemp extract in this state to persons under a 10 specified age; deleting a requirement that the 11 department conduct random inspections at specified 12 intervals for certified hemp seeds; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraphs (a), (b), and (e) of subsection (3), 18 subsections (6), (7), and (11), and paragraph (c) of subsection 19 (13) of section 581.217, Florida Statutes, are amended to read: 20 581.217 State hemp program.— 21 (3) DEFINITIONS.—As used in this section, the term: 22(a) “Certifying agency” has the same meaning as in s.23578.011(8).24 (a)(b)“Contaminants unsafe for human consumption” 25 includes, but is not limited to, any microbe, fungus, yeast, 26 mildew, herbicide, pesticide, fungicide, residual solvent, 27 metal, or other contaminant found in any amount that exceeds any 28 of the accepted limitations as determined by rules adopted by 29 the departmentof Health in accordance with s. 381.986, or other30limitation pursuant to the laws of this state, whichever amount31is less. 32 (d)(e)“Hemp extract” means a substance or compound 33 intended for ingestion whichthatis derived from or contains 34 hemp and whichthatdoes not contain other controlled 35 substances. The term does not include seeds that are generally 36 recognized as safe by the United States Food and Drug 37 Administration. 38(6) HEMP SEED.—A licensee may only use hemp seeds and39cultivars certified by a certifying agency or a university40conducting an industrial hemp pilot project pursuant to s.411004.4473.42 (6)(7)DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.— 43 (a) Hemp extract may only be distributed and sold in the 44 state if the product: 45 1.(a)Has a certificate of analysis prepared by an 46 independent testing laboratory that states: 47 a.1.The hemp extract is the product of a batch tested by 48 the independent testing laboratory; 49 b.2.The batch contained a total delta-9 50 tetrahydrocannabinol concentration that did not exceed 0.3 51 percenton a dry-weight basispursuant to the testing of a 52 random sample of the batch; and 53 c.3.The batch does not contain contaminants unsafe for 54 human consumption. 55 2.(b)Is distributed or sold in packaging that includes: 56 a.1.A scannable barcode or quick response code linked to 57 the certificate of analysis of the hemp extract by an 58 independent testing laboratory; 59 b.2.The batch number; 60 c.3.The Internet address of a website where batch 61 information may be obtained; 62 d.4.The expiration date; 63 e.5.The number of milligrams of each cannabinoid per 64 servinghemp extract; and 65 f.6.A statement that the product contains a total delta-9 66 tetrahydrocannabinol concentration that does not exceed 0.3 67 percenton a dry-weight basis. 68 (b) Hemp extract distributed or sold in violation of 69 paragraph (a) shall be considered adulterated or misbranded 70 pursuant to chapter 500, chapter 502, or chapter 580. 71 (c) Products made from hemp extract may not be sold in this 72 state to a person who is under 18 years of age. 73 (10)(11)ENFORCEMENT.— 74 (a) The department shall enforce this section. 75 (b) Every state attorney, sheriff, police officer, and 76 other appropriate county or municipal officer shall enforce, or 77 assist any agent of the department in enforcing, this section 78 and rules adopted by the department. 79 (c) The department, or its agent, is authorized to enter 80 any public or private premises during regular business hours in 81 the performance of its duties relating to hemp cultivation. 82(d) The department shall conduct random inspections, at83least annually, of each licensee to ensure that only certified84hemp seeds are being used and that hemp is being cultivated in85compliance with this section.86 (12)(13)APPLICABILITY.—Notwithstanding any other law: 87 (c) A licensee who negligently violates this section or 88 department rules is not subject to any criminal or civil 89 enforcement action by the state or a local government other than 90 the enforcement of violations of this section as authorized 91 under subsection (9)(10). 92 Section 2. This act shall take effect July 1, 2020.