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AB-175 Cannabis marketing: packaging and labeling.(2017-2018)

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Date Published: 07/19/2017 09:00 PM
AB175:v97#DOCUMENT

Amended  IN  Senate  July 19, 2017
Amended  IN  Assembly  May 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 175

Introduced by Assembly Member Chau
(Coauthors: Assembly Members Cooper, Jones-Sawyer, Voepel, and Waldron)
(Coauthor: Senator Allen)

January 17, 2017

An act to add Section 26121 26122 to the Business and Professions Code, relating to marijuana. cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 175, as amended, Chau. Adult-use marijuana: Cannabis marketing: packaging and labeling.
Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, which includes the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of marijuana cannabis for medical purposes and for nonmedical purposes by people 21 years of age and older. Under existing law, the Bureau of Marijuana Cannabis Control is responsible for licensing and regulating retail sales, distribution, and transportation, and the State Department of Public Health is responsible for licensing and regulating manufacturers. AUMA Existing law places restrictions on the packaging and labeling of marijuana cannabis and marijuana cannabis products, including requirements that the packaging be resealable, child resistant, and not made attractive to children.
This bill would require a manufacturer, prior to introducing an edible marijuana cannabis product into commerce in California, to submit the packaging and labeling to the State Department of Public Health for approval and would require the department to determine whether the packaging and labeling are in compliance with the requirements of prescribed provisions of AUMA, law, including the requirements that the packaging be child resistant and not attractive to children, as specified. The bill would authorize the department to charge a manufacturer a fee for the determination, in an amount no greater than the amount required to cover the actual and reasonable costs of administering the approval program.
AUMA authorizes the Legislature to amend, by a majority vote, certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the specified purposes and the intent of the act.
This bill would declare that its provisions implement specified substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act. The bill would also declare that its provisions further specified purposes and the intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26121 26122 is added to the Business and Professions Code, to read:

26121.26122.
 (a) Before a manufacturer introduces an edible marijuana cannabis product into commerce in California, he or she shall submit the packaging and labeling to the State Department of Public Health for approval. The department shall determine whether the packaging and labeling are in compliance with the requirements of this division, including the requirements that the packaging be child resistant and not attractive to children.
(b) (1) The department shall have 60 days in which to determine whether the packaging and labeling of the edible marijuana cannabis product are in compliance with the provisions of this division and to notify the manufacturer in writing. If a determination has not been made within 60 days, the department shall notify the manufacturer of the delay and at what date within the following 30 days the determination is expected to be made.
(2) If the department determines that the edible marijuana cannabis product packaging and labeling are not in compliance with this division, the department shall notify the manufacturer, in writing, of the reasons for noncompliance. A manufacturer shall have 60 days after receiving the notice of noncompliance to redesign and submit the packaging and labeling for that product for reassessment by the department. The department shall make a determination on the new packaging within 30 days of resubmission and notify the manufacturer of that determination in writing.
(3) If, after resubmission, the department again determines that the packaging and labeling are not in compliance with this division, the department shall notify the manufacturer, in writing, of the reasons for noncompliance. The manufacturer may request an administrative hearing with the department within 30 days after the date of the department’s notice.
(c) Any time a manufacturer proposes to make a material change to the packaging or labeling of an edible marijuana cannabis product, that packaging and labeling shall be submitted to the department pursuant to this section.
(d) The department may charge a fee to the manufacturer for the determination required by this section in an amount no greater than the amount required to cover the actual and reasonable costs of administering the approval program established by this section.

SEC. 2.

 The Legislature finds and declares that Section 1 of this bill implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3.