SB 1876 — State Hemp Program

Florida Senate - 2020 CS for CS for SB 1876 By the CommitteesCommittee on Innovation,Agriculture; Industry, and Technology;

and Agriculture;Senator Montford 575-03095-20 20201876c1 A bill to be entitled An act relating to the state hemp program;

and Senators Montford and Gibson 580-03754-20 20201876c2 A bill to be entitled An act relating to the state hemp program;

redefining theterms; term “hemp extract”;

directing the Department of Agriculture and Consumer Services, in consultation with the Administration Commission, to submit an amended plan for the state program to the United States Secretary of Agriculture under certain circumstances;

revisingauthorizing the contentsDepartment of theAgriculture department’sand requiredConsumer monthlyServices reportto contract with entities to theprovide Unitedcertain Statescollection, Secretarytesting, ofand Agriculture;disposal services;

authorizing the department to contract with entities to provide certain collection, testing, and disposal services;

requiring such licensee or, if the licensee fails to act within a specified timeframe, authorizing the director, to remove and destroy certain plants;

requiring program rules to include specified sampling and disposal procedures;

providing terms for advisory council members and the council chair;

providing requirements for filling advisory council vacancies;

directing the department to submit a report that provides recommendations for program fees to the Legislature by a specified date;

4227 Be It Enacted by the Legislature of the State of Florida:

4429 Section 1. Paragraph (n) of subsection (1) of section 500.03, Florida Statutes, is amended to read:

6247 The term includes any raw, cooked, or processed edible substance;

Such bottles must contain a label listing the producer’s name and street address, all added ingredients, the net weight or volume of the product, and a statement that reads, “This product has not been produced in a facility permitted by the Florida Department of Agriculture and Consumer Services.” Section 3. Paragraph3. Paragraphs (b) and (e) of subsection (3) and subsections (4),(7) (7), (9), (11), (12), and (14)(11) of section 581.217, Florida Statutes, are amended,amended and subsection (15) is added to that section, to read:

(b) “Contaminants unsafe for human consumption” includes, but is 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 Health in accordance with s.

381.986, or other limitation pursuant to the laws of this state, whichever amount is less.

(4) FEDERAL APPROVAL.—The department shall seek approval of the state plan for the regulation of the cultivation of hemp with the United States Secretary of Agriculture in accordance with 7 U.S.C.

s.

1639p within 30 days after adopting rules.

If the state plan is not approved by the United States Secretary of Agriculture, the Commissioner of Agriculture, in consultation with and with final approval from the Administration Commission, shall develop a recommendation to amend the state plan and submit the recommendation to the Legislature.

If revisions to the state plan may be made without statutory changes, the department, in consultation with and with final approval from the Administration Commission, must submit an amended plan to the United States Secretary of Agriculture.

a.1. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory;

and e.5. The number of milligrams of each marketed cannabinoid per serving hemp extract;

and 6. Af.6. A statement that the product contains a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

(9) DEPARTMENT REPORTING.—The department shall submit monthly to the United States Secretary of Agriculture a report of the locations in the state where hemp is cultivated or has been cultivated within the past 3 calendar years.

The report must include the contact information for each licensee and the total acreage of hemp planted, harvested, and, if applicable, disposed of by each licensee.

(12) RULES.—BySection August4. This 1,act 2019, The department, in consultation with the Department of Health and the Department of Business and Professional Regulation, shall initiatetake rulemakingeffect toJuly administer1, the2020. state hemp program.

The rules must provide for:

(a) A procedure that uses post-decarboxylation or other similarly reliable methods and a measure of uncertainty for testing the delta-9-tetrahydrocannabinol concentration of cultivated hemp.

This procedure must meet the requirements of the rules adopted by the United States Department of Agriculture.

(b) A procedure for the effective disposal of plants, whether growing or not, that are cultivated in violation of this section or department rules, and products derived from those plants.

The procedure must provide for the disposal of such plants in accordance with the federal Controlled Substances Act and regulations of the Drug Enforcement Administration.

(14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp Advisory Council, an advisory council as defined in s.

20.03, is established to provide information, advice, and expertise to the department with respect to plans, policies, and procedures applicable to the administration of the state hemp program.

(a) The advisory council is adjunct to the department for administrative purposes.

(b) The advisory council shall be composed of all of the following members:

1. Two members appointed by the Commissioner of Agriculture.

2. Two members appointed by the Governor.