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AB-823 Edible cannabis products: labeling.(2017-2018)

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Date Published: 07/06/2017 09:00 PM
AB823:v94#DOCUMENT

Amended  IN  Senate  July 06, 2017
Amended  IN  Senate  June 12, 2017
Amended  IN  Senate  June 06, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Assembly  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 823


Introduced by Assembly Member Chau
(Coauthor: Assembly Member Lackey)

February 16, 2017


An act to amend Section 26130 of the Business and Professions Code, relating to marijuana. cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 823, as amended, Chau. Edible marijuana cannabis products: labeling.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by an initiative statute at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of marijuana cannabis for nonmedical purposes by people 21 years of age and older, including edible marijuana cannabis products. Existing law requires an edible marijuana product that is in solid form to be delineated or scored into standardized serving sizes if the marijuana product contains more than one serving. places requirements on edible cannabis products, including that the cannabis product be marked with a universal symbol, as determined by the State Department of Public Health.
This bill would amend the act by requiring each single serving of chocolate, soft confections, hard confections and lozenges, consolidated baked goods, and pressed pills and capsules that include marijuana or marijuana products to be stamped, marked, or otherwise imprinted directly on the product with a cannabis product symbol, to be designed by the State Department of Public Health. The bill would specify the required size and visibility of the cannabis product symbol. requiring the universal symbol required to be on edible cannabis product not sold as a liquid, loose bulk good, or powder to meet specified requirements, including that the symbol be placed directly on at least one side of each serving so as to be distinguishable and easily recognizable as well as size and placement requirements.
AUMA authorizes the Legislature to amend, by a 2/3 vote, certain provisions of the act, provided that the amendments are consistent with and further the purposes and intent of the act.
This bill would declare that its provisions further the purposes and the intent of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26130 of the Business and Professions Code is amended to read:

26130.
 (a) The State Department of Public Health shall promulgate regulations governing the licensing of cannabis manufacturers and standards for the manufacturing, packaging, and labeling of all manufactured cannabis products. Licenses to be issued are as follows:
(1) “Manufacturing Level 1,” for sites that manufacture cannabis products using nonvolatile solvents, or no solvents. A Manufacturing Level 1 M-Type 6 licensee shall only manufacture cannabis products for sale by a retailer with an M-Type 10 license.
(2) “Manufacturing Level 2,” for sites that manufacture cannabis products using volatile solvents. A Manufacturing Level 2 M-Type 7 licensee shall only manufacture cannabis products for sale by a retailer with an M-Type 10 license.
(b) For purposes of this section, “volatile solvents” shall have the same meaning as in paragraph (3) of subdivision (d) of Section 11362.3 of the Health and Safety Code, unless otherwise provided by law or regulation.
(c) Edible cannabis products shall be:
(1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain cannabis.
(2) Produced and sold with a standardized concentration of cannabinoids not to exceed ten (10) milligrams tetrahydrocannabinol (THC) per serving.
(3) Delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form.
(4) Homogenized to ensure uniform disbursement of cannabinoids throughout the product.
(5) Manufactured and sold under sanitation standards established by the State Department of Public Health, in consultation with the bureau, that are similar to the standards for preparation, storage, handling, and sale of food products.
(6) Provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the cannabis product and directions as to how to consume the cannabis product, as necessary.
(7) (A) Marked with a universal symbol, as determined by the State Department of Public Health through regulation.
(B) For edible cannabis products that are not sold as liquids, loose bulk goods, or powders, the symbol required by this paragraph shall meet both of the following requirements:
(i) The symbol shall be placed directly on at least one side of each edible cannabis product serving so as to be distinguishable and easily recognizable.
(ii) The symbol shall be centered either horizontally or vertically on the single serving. If centered horizontally, the height and width of the symbol shall be at least 25 percent of the serving’s width, but not less than one-quarter inch square. If centered vertically, the height and width of the symbol shall be at least 25 percent of the serving’s height, but not less than one-quarter inch square. If the product is one-quarter inch square or smaller, the symbol shall be at least 25 percent of the serving’s height or width and centered either horizontally or vertically.
(d) Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under state law.

SECTION 1.Section 26130 of the Business and Professions Code is amended to read:
26130.

(a)Marijuana products shall be:

(1)Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana.

(2)Produced and sold with a standardized dosage of cannabinoids not to exceed 10 milligrams of tetrahydrocannabinol (THC) per serving.

(3)Delineated or scored into standardized serving sizes if the marijuana product contains more than one serving and is an edible marijuana product in solid form.

(4)Homogenized to ensure uniform disbursement of cannabinoids throughout the product.

(5)Manufactured and sold under sanitation standards established by the State Department of Public Health, in consultation with the bureau, for preparation, storage, handling, and sale of food products.

(6)Provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the marijuana product and directions as to how to consume the marijuana product, as necessary.

(b)(1)Chocolate, soft confections, hard confections and lozenges, consolidated baked goods, and pressed pills and capsules that include marijuana or marijuana products shall be stamped, marked, or otherwise imprinted on each single serving with a cannabis product symbol, designed by the State Department of Public Health. The symbol shall be placed directly on at least one side of each edible marijuana product serving so as to be distinguishable and easily recognizable.

(2)The cannabis product symbol shall be centered either horizontally or vertically on the single serving. If centered horizontally, the height and width of the symbol shall be at least 25 percent of the serving’s width, but not less than one-quarter inch square. If centered vertically, the height and width of the symbol shall be at least 25 percent of the serving’s height, but not less than one-quarter inch square. If the product is one-quarter inch square or smaller, the cannabis product symbol shall be at least 25 percent of the serving’s height or width and centered either horizontally or vertically.

(3)For purposes of this subdivision, “consolidated baked goods” includes, but is not limited to, cookies, brownies, cupcakes, and granola bars.

(4)This subdivision does not apply to marijuana products that are liquids, loose bulk goods, or powders.

(c)Marijuana, including concentrated cannabis, included in a marijuana product manufactured in compliance with law is not an adulterant under state law.

SEC. 2.

 The Legislature finds and declares that this act is consistent with, and furthers the purposes of, the Control, Regulate and Tax Adult Use of Marijuana Act.