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AB-175 Adult-use marijuana: marketing: packaging and labeling.(2017-2018)

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Date Published: 05/30/2017 02:00 PM
AB175:v98#DOCUMENT

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 to the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 175, as amended, Chau. Adult-use marijuana: marketing: packaging and labeling.
Existing law, 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 for nonmedical purposes by people 21 years of age and older. Under existing law, the Bureau of Marijuana 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 places restrictions on the packaging and labeling of marijuana and marijuana products, including 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 product into commerce in California, to submit the packaging and labeling to the bureau State Department of Public Health for approval and would require the bureau department to determine whether the packaging and labeling are in compliance with the requirements of prescribed provisions of AUMA, including the requirements that the packaging be child resistant and not attractive to children, as specified. The bill would authorize the bureau 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 purposes and 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 is added to the Business and Professions Code, to read:

26121.
 (a) Before a manufacturer introduces an edible marijuana product into commerce in California, he or she shall submit the packaging and labeling to the bureau for approval in a manner required by the bureau. The bureau 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 bureau department shall have 60 days in which to determine whether the packaging and labeling of the edible marijuana 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 bureau 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 bureau department determines that the edible marijuana product packaging and labeling are not in compliance with this division, the bureau 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 bureau. The bureau 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 bureau still department again determines that the packaging and labeling are not in compliance with this division, the bureau department shall notify the manufacturer, in writing, of the reasons for noncompliance. The manufacturer may request an administrative hearing with the bureau department within 30 days after the date of the bureau’s department’s notice.
(c) Any time a manufacturer proposes to make a material change to the packaging or labeling of an edible marijuana product, that packaging and labeling shall be submitted to the bureau department pursuant to this section.
(d) The bureau 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.