HB 147

Abstract

Creates the CBD Safety Act. Prohibits the sale or distribution of a CBD product unless the CBD product has labeling and has undergone lab testing that meet labeling and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to administer and enforce the Act and to develop rules for the labeling and minimum testing requirements of CBD products using a specified provision of the Illinois Administrative Code as a model. Provides that the Department of Public Health, the Illinois State Police, and the Department of Agriculture may inspect any business that manufactures, processes, transports, or distributes CBD products in the State to ensure compliance with the Act. Provides specified criminal fines, imprisonment, and administrative penalties for violations of the Act and directs that criminal fines collected under the Act shall be deposited into the CBD Safety Fund. Allows the Director to pursue and a court to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating the Act. Contains other provisions. Amends the Illinois Administrative Procedure Act. Allows the Department of Agriculture to adopt emergency rules to implement the CBD Safety Act. Amends the State Finance Act. Creates the CBD Safety Fund. Effective 180 days after becoming law. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Replaces references to CBD products with references to cannabinoid products. Defines "cannabinoid product". Removes definitions of "CBD" and "CBD product". Provides that "cannabinoid product" includes foods, and only foods, containing cannabinoids and that are not time/temperature control for safety foods, as defined in specified federal materials. Prohibits the manufacture, process, or offer for sale (rather than sale or distribution) of a cannabinoid product unless the cannabinoid product has labeling and packaging and has undergone lab testing (rather than has labeling and has undergone lab testing) that meet labeling, packaging, and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to develop rules for labeling, packaging, and minimum testing (rather than labeling and minimum testing) requirements of cannabinoid products. Provides that the Department shall make available to the public (rather than the Director of Agriculture or the Director's agent may publish or cause to be published) specified information. Provides that the Department of Public Health, local health departments, the Illinois State Police, local sheriff's departments, municipal police departments, the Department of Revenue, and the Department (rather than only the Department of Public Health, the Illinois State Police, and the Department of Agriculture) may inspect any business that manufactures, processes, transports, or distributes cannabinoid products in the State to ensure compliance with the Act. Removes provisions regarding criminal fines and offenses for violations of the Act. Provides that moneys in the CBD Safety Fund shall be utilized subject to appropriation. Provides that, notwithstanding any provision of the Act, the State may not regulate the safety of cannabinoid products in a way that is inconsistent with any federal law, rule, or regulation that regulates the safety of cannabinoid products and is in effect on or after the effective date of the Act. Makes other changes. Effective 180 days after becoming law.