HF 2541

as introduced - 91st Legislature (2019 - 2020) Posted on 03/20/2019 01:01pm

A bill for an act
relating to health; allowing for the sale of certain products containing cannabidiol
derived from industrial hemp; proposing coding for new law in Minnesota Statutes,
chapter 151.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [151.72] SALE OF CERTAIN CANNABINOID PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this subdivision, the following terms
have the meanings given.
new text end

new text begin (b) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision
3.
new text end

new text begin (c) "Labeling" means all labels and other written, printed, or graphic matter that are:
new text end

new text begin (1) affixed to the immediate container in which a product regulated under this section
is sold; or
new text end

new text begin (2) provided, in any manner, with the immediate container, including but not limited to
outer containers, wrappers, package inserts, brochures, or pamphlets.
new text end

new text begin Subd. 2. new text end

new text begin Sale of cannabinoids derived from hemp. new text end

new text begin (a) This section applies to the sale
of any products, other than food, intended for human or animal consumption by any route
of administration, that contain cannabinoids extracted from hemp. This section does not
apply to the sale of any products sold by medical cannabis manufacturers registered pursuant
to section 152.25.
new text end

new text begin (b) Notwithstanding any other section of this chapter, a product containing cannabinoids
may be sold for human or animal consumption if all of the requirements of this section are
met.
new text end

new text begin (c) A product regulated under this section must be tested by an independent, accredited,
third-party analytical laboratory to confirm that the product:
new text end

new text begin (1) contains the amount or percentage of cannabidiol that is stated on the label of the
product;
new text end

new text begin (2) does not contain more than trace amounts of any pesticides, fertilizers, or heavy
metals; and
new text end

new text begin (3) does not contain tetrahydrocannabinol that exceeds the concentration permitted for
industrial hemp as defined in section 18K.02, subdivision 3.
new text end

new text begin (d) A product regulated under this section must bear a label that contains, at a minimum:
new text end

new text begin (1) the name, location, contact phone number, and website of the manufacturer of the
product;
new text end

new text begin (2) the name and address of the independent, accredited third-party analytical laboratory
that has tested the product;
new text end

new text begin (3) an accurate statement of the amount or percentage of cannabidiol found in each unit
of the product meant to be consumed; and
new text end

new text begin (4) the statement "This product has not been approved by the U.S. Food and Drug
Administration for the prevention, treatment, or cure of any disease, or to alter the structure
or function of human or animal bodies, or for use as a dietary supplement," unless the
product has been so approved.
new text end

new text begin (e) A product sold under this section is considered an adulterated drug if:
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new text begin (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance;
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new text begin (2) it has been produced, prepared, packed, or held under unsanitary conditions where
it may have been rendered injurious to health, or where it may have been contaminated with
filth;
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new text begin (3) its container is composed, in whole or in part, of any poisonous or deleterious
substance that may render the contents injurious to health;
new text end

new text begin (4) it contains any color additives or excipients that have been found by the United States
Food and Drug Administration to be unsafe for human or animal consumption; or
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new text begin (5) it contains an amount or percentage of cannabidiol that is different than the amount
or percentage stated on the label.
new text end

new text begin (f) A product sold under this section is a misbranded drug if:
new text end

new text begin (1) its labeling is false or misleading in any manner;
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new text begin (2) any word, statement, or other information required by this section to appear on the
labeling is not prominently placed on the labeling with such conspicuousness, as compared
with other words, statements, designs, or devices, in the labeling, and in such terms as to
render it to be read and understood by the ordinary individual under customary conditions
of purchase and use; or
new text end

new text begin (3) its labeling makes any claim that the product may be used or is effective for the
prevention, treatment, or cure of a disease or that it may be used to alter the structure or
function of human or animal bodies, unless the claim has been approved by the United
States Food and Drug Administration.
new text end

new text begin (g) No person who sells a product regulated under this section may make a false,
misleading, or unsubstantiated claim concerning the health benefits of the product.
new text end

new text begin (h) The authority of the Board of Pharmacy to issue cease and desist orders under section
151.06, to embargo misbranded and adulterated drugs under section 151.38, and to seek
injunctive relief under section 214.11, extends to violations of this section.
new text end