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

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Date Published: 03/21/2019 09:00 PM
AB228:v97#DOCUMENT

Amended  IN  Assembly  March 21, 2019
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 110382, 110611, and 111691 to the Health and Safety Code, relating to hemp. industrial hemp, and declaring the urgency thereof, to take effect immediately.


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.
The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of food, beverages, and cosmetics and makes it a crime to distribute in commerce any food, drug, device, or cosmetic if its packaging or labeling does not conform to these provisions.
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 or cannabinoids, extracts, or derivatives from industrial hemp, and would prohibit restrictions on the sale of food, beverages, or cosmetics that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of industrial hemp 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 require the label of any package of a food, beverage, or cosmetic product containing cannabidiol derived from industrial hemp to include a specified statement. By creating a new crime, this bill would impose a state-mandated local program.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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.

SEC. 2.

 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. 2.SEC. 3.

 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, 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.
(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. 3.SEC. 4.

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

111691.
 (a) 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.
(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.

SEC. 5.

 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. 6.

 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.