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AB-228 Food, beverage, and cosmetic adulterants: industrial hemp products.(2019-2020)



SECTION 1.

 Section 26003 is added to the Business and Professions Code, to read:

26003.
 This division does not prohibit an entity licensed pursuant to its provisions from manufacturing, distributing, or selling products that contain industrial hemp, as defined in Section 11018.5 of the Health and Safety Code, or cannabinoids, extracts, or derivatives from industrial hemp grown in compliance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code.

SEC. 2.

 Section 109950.5 is added to the Health and Safety Code, to read:

109950.5.
 (a) “Industrial hemp” has the same meaning as in Section 11018.5.
(b) (1) “Industrial hemp product” means a finished product containing industrial hemp that meets all of the following conditions:
(A) Is a cosmetic, food, food additive, dietary supplement, or herb.
(B) Is for human or animal consumption.
(C) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, or derivatives.
(D) Contains no more than 0.3 percent tetrahydrocannabinol.
(2) “Industrial hemp product” does not include industrial hemp or a hemp product that is a drug that has been approved as a drug by the United States Food and Drug Administration.

SEC. 3.

 Section 110382 is added to the Health and Safety Code, to read:

110382.
 The label of any package of a food, beverage, or cosmetic containing cannabidiol derived from industrial hemp shall include the following statement:

“CANNABIDIOL USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. KEEP OUT OF REACH OF CHILDREN.”

SEC. 4.

 Section 110407 is added to the Health and Safety Code, to read:

110407.
 (a) A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product, or publish or disseminate in advertising or marketing, any health-related statement that is untrue in any particular manner or that tends to create a misleading impression as to the health effects of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp.
(b) For purposes of this section, “health-related statement” means a statement related to health, and includes a statement of a curative or therapeutic nature that, expressly or impliedly, suggests a relationship between the consumption of industrial hemp or industrial hemp products and health benefits or effects on health.

SEC. 5.

 Section 110469 is added to the Health and Safety Code, to read:

110469.
 (a) A wholesale food manufacturing facility that manufactures products that contain industrial hemp shall be registered in accordance with Section 110460.
(b) In order for industrial hemp to be used in food products, the manufacturer shall be able to demonstrate both of the following:
(1) All parts of the hemp plant used in food shall come from a state or country that has an established and approved industrial hemp program that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human consumption.
(2) The industrial hemp cultivator or grower shall be in good standing and in compliance with the governing laws of the state or country of origin.
(c) (1) For purposes of this section, “manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a product.
(2) “Manufacture” does not include planting, growing, harvesting, drying, curing, grading, or trimming a plant or part of a plant.
(d) For purposes of this section, “established and approved industrial hemp program” means a program that meets all federal requirements regarding the lawful and safe cultivation of industrial hemp.

SEC. 6.

 Section 110611 is added to the Health and Safety Code, to read:

110611.
 Except as provided in Section 25621.5 of the Business and Professions Code, a food or beverage is not adulterated by the inclusion of industrial hemp, as defined in Section 11018.5, or cannabinoids, extracts, or derivatives from industrial hemp. The sale of food or beverages that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp.

SEC. 7.

 Section 111691 is added to the Health and Safety Code, to read:

111691.
 A cosmetic is not adulterated because it includes industrial hemp, as defined in Section 11018.5, or cannabinoids, extracts, or derivatives from industrial hemp. The sale of cosmetics that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp.

SEC. 8.

 Chapter 9 (commencing with Section 111920) is added to Part 5 of Division 104 of the Health and Safety Code, to read:

CHAPTER  9. Industrial Hemp Products
111920.
 For purposes of this chapter, the following definitions apply:
(a) “Independent testing laboratory” means a laboratory that meets all of the following requirements:
(1) Does not have a direct or indirect interest in the entity for which testing is being done.
(2) Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells raw hemp products in this state or in another jurisdiction.
(3) Does not have a license issued pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, other than as a licensed testing laboratory.
(4) Is either of the following:
(A) A testing laboratory licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.
(B) Accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization.
(b) “Raw hemp product” means a product that is derived from industrial hemp that is intended to either be used by a consumer or included in a food, beverage, or cosmetic.
111920.1.
 A raw hemp product shall not be distributed or sold in this state without a certificate of analysis from an independent testing laboratory that confirms all of the following:
(a) The raw hemp product is the product of a batch of industrial hemp that was tested by the independent testing laboratory.
(b) A tested random sample of the batch of industrial hemp contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis.
(c) The tested sample of the batch did not contain contaminants that are unsafe for human consumption.
SEC. 9.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 10.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect a rapidly expanding industry relating to derivatives from industrial hemp in California and to reduce inconsistency in implementation of state and federal law, it is necessary that this bill take effect immediately.