AB 228 — Food, beverage, and cosmetic adulterants: industrial hemp products.

Summary

Existing state law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a food or beverage is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, under customary or usual conditions. The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of food, beverages, and cosmetics and makes it a crime to distribute in commerce any food, drug, device, or cosmetic if its packaging or labeling does not conform to these provisions. Existing law also makes it unlawful for a person to disseminate any false advertisement of any food, drug, device, or cosmetic. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law a misdemeanor. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , provides for the licensing and regulation of commercial cannabis activity, including cultivation, manufacturing, distribution, and retail sale. Existing law requires a grower of industrial hemp that is to be used for commercial purposes to register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. This bill would require a manufacturer of food that includes industrial hemp to be able to demonstrate that all parts of the plant used in their food come from a state or country that has an established and approved industrial hemp program, as defined, that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human consumption and the industrial hemp cultivator or grower to be in good standing and compliance with the governing laws of the state or country of origin. This bill would state that a food, beverage, or cosmetic is not adulterated by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp, and would prohibit restrictions on the sale of food, beverages, or cosmetics that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp. This bill would require the label of any package of a food, beverage, or cosmetic product containing cannabidiol derived from industrial hemp to include a specified statement. The bill would also prohibit a manufacturer, distributor, or seller of an industrial hemp product from including on the label, or publishing or disseminating in advertising or marketing, a health-related statement, as defined, that is untrue in any particular manner or that tends to create a misleading impression as to the effects on health of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp. By creating a new crime, this bill would impose a state-mandated local program. This bill would prohibit a raw hemp product, as defined, from being distributed or sold in this state without a certificate of analysis from an independent testing laboratory, as defined, that confirms specified information, including that the tested batch of industrial hemp does not contain contaminants that are unsafe for human consumption. By creating a new crime, this bill would impose a state-mandated local program. This bill would state that an entity that is licensed to engage in commercial cannabis activity pursuant to MAUCRSA is not prohibited from manufacturing, distributing, or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp grown in compliance with the registration requirements for growers. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Amended 06/26/19 - Amended Senate Current pdf June 26, 2019
• Amended 06/17/19 - Amended Senate pdf June 17, 2019
• Amended 06/03/19 - Amended Senate pdf June 03, 2019
• Amended 03/21/19 - Amended Assembly pdf March 21, 2019
• Amended 03/13/19 - Amended Assembly pdf March 13, 2019
• Introduced 01/17/19 - Introduced pdf January 17, 2019
• AB228 View text html

Action History

1. August 30, 2019

   In committee: Held under submission.

2. August 12, 2019

   In committee: Referred to APPR. suspense file.

3. June 26, 2019

   Read second time and amended. Re-referred to Com. on APPR.

4. June 25, 2019

   From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 24).

5. June 17, 2019

   Read second time and amended. Re-referred to Com. on B., P. & E.D.

6. June 13, 2019

   From committee: Amend, and do pass as amended and re-refer to Com. on B., P. & E.D. (Ayes 8. Noes 0.) (June 12).

7. June 03, 2019

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

8. May 29, 2019

   Referred to Coms. on HEALTH and B., P. & E.D.

9. May 23, 2019

   In Senate. Read first time. To Com. on RLS. for assignment.

10. May 22, 2019

    Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1788.).

11. May 20, 2019

    Read second time. Ordered to third reading.

12. May 16, 2019

    From committee: Do pass. (Ayes 18. Noes 0.) (May 16).

13. April 10, 2019

    In committee: Set, first hearing. Referred to APPR. suspense file.

14. March 26, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (March 26). Re-referred to Com. on APPR.

15. March 25, 2019

    Re-referred to Com. on B. & P.

16. March 21, 2019

    Read second time and amended.

17. March 20, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on B. & P. (Ayes 15. Noes 0.) (March 19).

18. March 14, 2019

    Re-referred to Com. on HEALTH.

19. March 13, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

20. February 04, 2019

    Referred to Com. on HEALTH.

21. January 18, 2019

    From printer. May be heard in committee February 17.

22. January 17, 2019

    Read first time. To print.

Sponsors

• Cecilia M. Aguiar-Curry · Primary
• Wilk · Cosponsor

Votes

Subjects