Full Text of HB3741 103rd General Assembly
HB3741 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3741 Introduced 2/17/2023, by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: |
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Amends the Cannabis Regulation and Tax Act. Requires cannabis-infused products that have been treated with radiation to conform to specified labeling requirements.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 55-21 as follows: | 6 | | (410 ILCS 705/55-21)
| 7 | | Sec. 55-21. Cannabis product packaging and labeling. | 8 | | (a) Each cannabis product produced for sale shall be | 9 | | registered with the Department of Agriculture on forms | 10 | | provided by the Department of Agriculture. Each product | 11 | | registration shall include a label and the required | 12 | | registration fee at the rate established by the Department of | 13 | | Agriculture for a comparable medical cannabis product, or as | 14 | | established by rule. The registration fee is for the name of | 15 | | the product offered for sale and one fee shall be sufficient | 16 | | for all package sizes. | 17 | | (b) All harvested cannabis intended for distribution to a | 18 | | cannabis enterprise must be packaged in a sealed, labeled | 19 | | container. | 20 | | (c) Any product containing cannabis shall be sold in a | 21 | | sealed, odor-proof, and child-resistant cannabis container | 22 | | consistent with current standards, including the Consumer | 23 | | Product Safety Commission standards referenced by the Poison |
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| 1 | | Prevention Act unless the sale is between or among a craft | 2 | | grower, infuser, or cultivation center. | 3 | | (d) All cannabis-infused products shall be individually | 4 | | wrapped or packaged at the original point of preparation. The | 5 | | packaging of the cannabis-infused product shall conform to the | 6 | | labeling requirements of the Illinois Food, Drug and Cosmetic | 7 | | Act, in addition to the other requirements set forth in this | 8 | | Section. | 9 | | (e) Each cannabis product shall be labeled before sale and | 10 | | each label shall be securely affixed to the package and shall | 11 | | state in legible English and any languages required by the | 12 | | Department of Agriculture: | 13 | | (1) the name and post office box of the registered | 14 | | cultivation center or craft grower where the item was | 15 | | manufactured; | 16 | | (2) the common or usual name of the item and the | 17 | | registered name of the cannabis product that was | 18 | | registered with the Department of Agriculture under | 19 | | subsection (a); | 20 | | (3) a unique serial number that will match the product | 21 | | with a cultivation center or craft grower batch and lot | 22 | | number to facilitate any warnings or recalls the | 23 | | Department of Agriculture, cultivation center, or craft | 24 | | grower deems appropriate; | 25 | | (4) the date of final testing and packaging, if | 26 | | sampled, and the identification of the independent testing |
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| 1 | | laboratory; | 2 | | (5) the date of harvest and "use by" date; | 3 | | (6) the quantity (in ounces or grams) of cannabis | 4 | | contained in the product; | 5 | | (7) a pass/fail rating based on the laboratory's | 6 | | microbiological, mycotoxins, and pesticide and solvent | 7 | | residue analyses, if sampled; | 8 | | (8) content list. | 9 | | (A) A list of the following, including the minimum | 10 | | and maximum percentage content by weight for | 11 | | subdivisions (e)(8)(A)(i) through (iv): | 12 | | (i) delta-9-tetrahydrocannabinol (THC); | 13 | | (ii) tetrahydrocannabinolic acid (THCA); | 14 | | (iii) cannabidiol (CBD); | 15 | | (iv) cannabidiolic acid (CBDA); and | 16 | | (v) all other ingredients of the item, | 17 | | including any colors, artificial flavors, and | 18 | | preservatives, listed in descending order by | 19 | | predominance of weight shown with common or usual | 20 | | names. | 21 | | (B) The acceptable tolerances for the minimum | 22 | | percentage printed on the label for any of | 23 | | subdivisions (e)(8)(A)(i) through (iv) shall not be | 24 | | below 85% or above 115% of the labeled amount. | 25 | | (f) Packaging must not contain information that: | 26 | | (1) is false or misleading; |
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| 1 | | (2) promotes excessive consumption; | 2 | | (3) depicts a person under 21 years of age consuming | 3 | | cannabis; | 4 | | (4) includes the image of a cannabis leaf; | 5 | | (5) includes any image designed or likely to appeal to | 6 | | minors, including cartoons, toys, animals, or children, or | 7 | | any other likeness to images, characters, or phrases that | 8 | | are popularly used to advertise to children, or any | 9 | | packaging or labeling that bears reasonable resemblance to | 10 | | any product available for consumption as a commercially | 11 | | available candy, or that promotes consumption of cannabis; | 12 | | (6) contains any seal, flag, crest, coat of arms, or | 13 | | other insignia likely to mislead the purchaser to believe | 14 | | that the product has been endorsed, made, or used by the | 15 | | State of Illinois or any of its representatives except | 16 | | where authorized by this Act. | 17 | | (g) Cannabis products produced by concentrating or | 18 | | extracting ingredients from the cannabis plant shall contain | 19 | | the following information, where applicable: | 20 | | (1) If solvents were used to create the concentrate or | 21 | | extract, a statement that discloses the type of extraction | 22 | | method, including any solvents or gases used to create the | 23 | | concentrate or extract; and | 24 | | (2) Any other chemicals or compounds used to produce | 25 | | or were added to the concentrate or extract. | 26 | | (h) All cannabis products must contain warning statements |
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| 1 | | established for purchasers, of a size that is legible and | 2 | | readily visible to a consumer inspecting a package, which may | 3 | | not be covered or obscured in any way. The Department of Public | 4 | | Health shall define and update appropriate health warnings for | 5 | | packages including specific labeling or warning requirements | 6 | | for specific cannabis products. | 7 | | (i) Unless modified by rule to strengthen or respond to | 8 | | new evidence and science, the following warnings shall apply | 9 | | to all cannabis products unless modified by rule: "This | 10 | | product contains cannabis and is intended for use by adults 21 | 11 | | and over. Its use can impair cognition and may be habit | 12 | | forming. This product should not be used by pregnant or | 13 | | breastfeeding women. It is unlawful to sell or provide this | 14 | | item to any individual, and it may not be transported outside | 15 | | the State of Illinois. It is illegal to operate a motor vehicle | 16 | | while under the influence of cannabis. Possession or use of | 17 | | this product may carry significant legal penalties in some | 18 | | jurisdictions and under federal law.". | 19 | | (j) Warnings for each of the following product types must | 20 | | be present on labels when offered for sale to a purchaser: | 21 | | (1) Cannabis that may be smoked must contain a | 22 | | statement that "Smoking is hazardous to your health.". | 23 | | (2) Cannabis-infused products (other than those | 24 | | intended for topical application) must contain a statement | 25 | | "CAUTION: This product contains cannabis, and intoxication | 26 | | following use may be delayed 2 or more hours. This product |
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| 1 | | was produced in a facility that cultivates cannabis, and | 2 | | that may also process common food allergens.". | 3 | | (3) Cannabis-infused products intended for topical | 4 | | application must contain a statement "DO NOT EAT" in bold, | 5 | | capital letters. | 6 | | (4) Cannabis-infused products that have been treated | 7 | | with radiation at any time must contain the radura symbol | 8 | | used by the United States Food and Drug Administration and | 9 | | a statement in bold lettering that reads: "NOTICE: This | 10 | | product contains ingredients that have been treated with | 11 | | radiation". | 12 | | (k) Each cannabis-infused product intended for consumption | 13 | | must be individually packaged, must include the total | 14 | | milligram content of THC and CBD, and may not include more than | 15 | | a total of 100 milligrams of THC per package. A package may | 16 | | contain multiple servings of 10 milligrams of THC, indicated | 17 | | by scoring, wrapping, or by other indicators designating | 18 | | individual serving sizes. The Department of Agriculture may | 19 | | change the total amount of THC allowed for each package, or the | 20 | | total amount of THC allowed for each serving size, by rule. | 21 | | (l) No individual other than the purchaser may alter or | 22 | | destroy any labeling affixed to the primary packaging of | 23 | | cannabis or cannabis-infused products. | 24 | | (m) For each commercial weighing and measuring device used | 25 | | at a facility, the cultivation center or craft grower must: | 26 | | (1) Ensure that the commercial device is licensed |
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| 1 | | under the Weights and Measures Act and the associated | 2 | | administrative rules (8 Ill. Adm. Code 600); | 3 | | (2) Maintain documentation of the licensure of the | 4 | | commercial device; and | 5 | | (3) Provide a copy of the license of the commercial | 6 | | device to the Department of Agriculture for review upon | 7 | | request. | 8 | | (n) It is the responsibility of the Department to ensure | 9 | | that packaging and labeling requirements, including product | 10 | | warnings, are enforced at all times for products provided to | 11 | | purchasers. Product registration requirements and container | 12 | | requirements may be modified by rule by the Department of | 13 | | Agriculture. | 14 | | (o) Labeling, including warning labels, may be modified by | 15 | | rule by the Department of Agriculture.
| 16 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 17 | | 102-98, eff. 7-15-21.)
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