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

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Date Published: 03/15/2017 09:00 PM
AB823:v98#DOCUMENT

Revised  April 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 12532 26130 of the Business and Professions Code, relating to weights and measures. marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 823, as amended, Chau. Weights and measures: service agencies: reporting fraud. Edible marijuana 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 for nonmedical purposes by people 21 years of age and older, including edible marijuana 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.
This bill would require each single serving of an edible marijuana product to be stamped, marked, or otherwise imprinted directly on the product with a universal symbol, to be designed by the Bureau of Marijuana Control. The bill would specify the required size and visibility of the universal symbol.
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 specified purposes and the intent of the act.

Existing law provides for the regulation of commercial weighing and measuring devices by the Department of Food and Agriculture, and provides for the enforcement of those provisions by the State Sealer and by county sealers of weights and measures in each county. Existing law requires a person who engages in the business of repairing commercial weighing and measuring devices to be registered as a service agency, and requires a person who is employed by a service agency to repair those devices to be licensed as a service agent. Existing law requires a service agency or service agent to report to the county sealer within 24 hours if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered.

This bill would require a service agency or service agent to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of receiving the device or component of the device instead of within 24 hours of discovering that the device has been altered.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   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) 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 ten (10) milligrams 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) (A) Stamped, marked, or otherwise imprinted on each single serving with a universal symbol, which shall be designed by the bureau. 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.
(B) The universal 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.

(4)

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

(5)

(6) 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)

(7) Provided to customers with sufficient information to enable the informed consumption of such product, including the potential effects of the marijuana product and directions as to how to consume the marijuana product, as necessary.
(b) Marijuana, including concentrated cannabis, included in a marijuana product manufactured in compliance with law is not considered 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.
SECTION 1.Section 12532 of the Business and Professions Code is amended to read:
12532.

(a)No person shall engage in business as a service agency unless the person is registered by secretary pursuant to this chapter and unless the current registration fee and any penalty has been paid.

(b)Applications for registration shall be in writing on a form prescribed by the department, and shall be accompanied by the required fee.

(c)A service agency shall forward to the department the name or names of service agents employed by them, with the appropriate fees required by Section 12535.

(d)A device may only be placed in service by a sealer or a service agency. A device used by a public utility in connection with measuring gas, electricity, water, steam, or communication service subject to the jurisdiction of the Public Utilities Commission is exempt from the requirements of this chapter.

(e)Except as provided in subdivision (f), no person who repairs a device is required to be registered if the device is placed into service by a sealer or service agency.

(f)Vapor measuring devices operating at greater than 11 inches water column shall be installed by a service agency.

(g)In the event of any change in the legal status of a registered service agency, the new legal entity shall obtain a new registration before operating as a service agency.

(h)A service agency may employ or designate a licensed service agent to act for the service agency and shall be responsible for all acts of that person.

(i)If a device has been altered in such a way as to facilitate fraud, a service agency or service agent shall report it to the county sealer within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of receiving the device, mechanism, component, software, or other device.

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REVISIONS:
Heading—Line 2.
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