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

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Date Published: 03/13/2019 09:00 PM
AB228:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 228


Introduced by Assembly Member Aguiar-Curry

January 17, 2019


An act to add Section 26003 to the Business and Professions Code, and to add Sections 110611 and 111691 to the Health and Safety Code, relating to hemp.


LEGISLATIVE COUNSEL'S DIGEST


AB 228, as amended, Aguiar-Curry. Food, beverage, and cosmetic adulterants: industrial hemp products.
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.
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.
This bill would state that a food, beverage, or cosmetic is not adulterated by the inclusion of industrial hemp products, including cannabidiol derived or cannabinoids, extracts, or derivatives from industrial hemp, and would prohibit restrictions on the sale of food, beverages, or cosmetics that include industrial hemp products or cannabidiol derived or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of industrial hemp products or cannabidiol derived or cannabinoids, extracts, or derivatives from industrial hemp. The bill would specify that a food, beverage, cosmetic, or other product that contains industrial hemp-derived tetrahydrocannabinol (THC) in concentrations above 0.3% by product weight is subject to the provisions of MAUCRSA. The bill would also state that a food or beverage that contains industrial hemp or one or more derivatives thereof is safe for human and animal consumption.
This bill would state that an entity that is licensed to engage in commercial cannabis activity pursuant to MAUCRSA is not prohibited from cultivating, manufacturing, distributing, or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

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

26003.
 (a) This division does not prohibit an entity licensed pursuant to its provisions from cultivating, 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.
(b) A product containing industrial hemp-derived tetrahydrocannabinol (THC) in concentrations above 0.3 percent by product weight is subject to this division.

SECTION 1.SEC. 2.

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

110611.
 (a) A food or beverage is not adulterated by the inclusion of industrial hemp products, including cannabidiol derived 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 products or cannabidiol derived hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp products or cannabidiol derived hemp or cannabinoids, extracts, or derivatives from industrial hemp.
(b) A food or beverage containing industrial hemp-derived tetrahydrocannabinol (THC) in concentrations above 0.3 percent by product weight is subject to Division 10 (commencing with Section 26000) of the Business and Professions Code.
(c) A food or beverage containing industrial hemp or one or more derivatives thereof is safe for human and animal consumption.

SEC. 2.SEC. 3.

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

111691.
 (a) A cosmetic is not adulterated because of the fact that it includes industrial hemp products, including cannabidiol derived hemp, as defined in Section 11018.5, or cannabinoids, extracts, or derivatives from industrial hemp. The sale of cosmetics that include industrial hemp products or cannabidiol derived hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp products or cannabidiol derived hemp or cannabinoids, extracts, or derivatives from industrial hemp.
(b) A cosmetic or other product containing industrial hemp-derived tetrahydrocannabinol (THC) in concentrations above 0.3 percent by product weight is subject to Division 10 (commencing with Section 26000) of the Business and Professions Code.