102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3082

 

Introduced 2/19/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/55-21

    Amends the Cannabis Regulation and Tax Act. Provides that prohibited cannabis product packaging and labeling, which must not contain information that includes any image or text (rather than only any image) that promotes consumption of cannabis, includes the names of flavors referencing candy, chocolate, bubble gum, mint, popcorn, or other descriptive words or phrases likely to appeal to minors.


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A BILL FOR

 

HB3082LRB102 10405 CPF 15732 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by 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
9registered with the Department of Agriculture on forms
10provided by the Department of Agriculture. Each product
11registration shall include a label and the required
12registration fee at the rate established by the Department of
13Agriculture for a comparable medical cannabis product, or as
14established by rule. The registration fee is for the name of
15the product offered for sale and one fee shall be sufficient
16for all package sizes.
17    (b) All harvested cannabis intended for distribution to a
18cannabis enterprise must be packaged in a sealed, labeled
19container.
20    (c) Any product containing cannabis shall be packaged in a
21sealed, odor-proof, and child-resistant cannabis container
22consistent with current standards, including the Consumer
23Product Safety Commission standards referenced by the Poison

 

 

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1Prevention Act.
2    (d) All cannabis-infused products shall be individually
3wrapped or packaged at the original point of preparation. The
4packaging of the cannabis-infused product shall conform to the
5labeling requirements of the Illinois Food, Drug and Cosmetic
6Act, in addition to the other requirements set forth in this
7Section.
8    (e) Each cannabis product shall be labeled before sale and
9each label shall be securely affixed to the package and shall
10state in legible English and any languages required by the
11Department of Agriculture:
12        (1) the name and post office box of the registered
13    cultivation center or craft grower where the item was
14    manufactured;
15        (2) the common or usual name of the item and the
16    registered name of the cannabis product that was
17    registered with the Department of Agriculture under
18    subsection (a);
19        (3) a unique serial number that will match the product
20    with a cultivation center or craft grower batch and lot
21    number to facilitate any warnings or recalls the
22    Department of Agriculture, cultivation center, or craft
23    grower deems appropriate;
24        (4) the date of final testing and packaging, if
25    sampled, and the identification of the independent testing
26    laboratory;

 

 

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1        (5) the date of harvest and "use by" date;
2        (6) the quantity (in ounces or grams) of cannabis
3    contained in the product;
4        (7) a pass/fail rating based on the laboratory's
5    microbiological, mycotoxins, and pesticide and solvent
6    residue analyses, if sampled;
7        (8) content list.
8            (A) A list of the following, including the minimum
9        and maximum percentage content by weight for
10        subdivisions (e)(8)(A)(i) through (iv):
11                (i) delta-9-tetrahydrocannabinol (THC);
12                (ii) tetrahydrocannabinolic acid (THCA);
13                (iii) cannabidiol (CBD);
14                (iv) cannabidiolic acid (CBDA); and
15                (v) all other ingredients of the item,
16            including any colors, artificial flavors, and
17            preservatives, listed in descending order by
18            predominance of weight shown with common or usual
19            names.
20            (B) The acceptable tolerances for the minimum
21        percentage printed on the label for any of
22        subdivisions (e)(8)(A)(i) through (iv) shall not be
23        below 85% or above 115% of the labeled amount.
24    (f) Packaging must not contain information that:
25        (1) is false or misleading;
26        (2) promotes excessive consumption;

 

 

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1        (3) depicts a person under 21 years of age consuming
2    cannabis;
3        (4) includes the image of a cannabis leaf;
4        (5) includes any image or text designed or likely to
5    appeal to minors, including cartoons, toys, animals, or
6    children, or any other likeness to images, characters, or
7    phrases that are popularly used to advertise to children,
8    or any packaging or labeling that bears reasonable
9    resemblance to any product available for consumption as a
10    commercially available candy, or that promotes consumption
11    of cannabis, including, but not limited to, names of
12    flavors referencing candy, chocolate, bubble gum, mint,
13    popcorn, or other descriptive words or phrases likely to
14    appeal to minors;
15        (6) contains any seal, flag, crest, coat of arms, or
16    other insignia likely to mislead the purchaser to believe
17    that the product has been endorsed, made, or used by the
18    State of Illinois or any of its representatives except
19    where authorized by this Act.
20    (g) Cannabis products produced by concentrating or
21extracting ingredients from the cannabis plant shall contain
22the following information, where applicable:
23        (1) If solvents were used to create the concentrate or
24    extract, a statement that discloses the type of extraction
25    method, including any solvents or gases used to create the
26    concentrate or extract; and

 

 

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1        (2) Any other chemicals or compounds used to produce
2    or were added to the concentrate or extract.
3    (h) All cannabis products must contain warning statements
4established for purchasers, of a size that is legible and
5readily visible to a consumer inspecting a package, which may
6not be covered or obscured in any way. The Department of Public
7Health shall define and update appropriate health warnings for
8packages including specific labeling or warning requirements
9for specific cannabis products.
10    (i) Unless modified by rule to strengthen or respond to
11new evidence and science, the following warnings shall apply
12to all cannabis products unless modified by rule: "This
13product contains cannabis and is intended for use by adults 21
14and over. Its use can impair cognition and may be habit
15forming. This product should not be used by pregnant or
16breastfeeding women. It is unlawful to sell or provide this
17item to any individual, and it may not be transported outside
18the State of Illinois. It is illegal to operate a motor vehicle
19while under the influence of cannabis. Possession or use of
20this product may carry significant legal penalties in some
21jurisdictions and under federal law.".
22    (j) Warnings for each of the following product types must
23be present on labels when offered for sale to a purchaser:
24        (1) Cannabis that may be smoked must contain a
25    statement that "Smoking is hazardous to your health.".
26        (2) Cannabis-infused products (other than those

 

 

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1    intended for topical application) must contain a statement
2    "CAUTION: This product contains cannabis, and intoxication
3    following use may be delayed 2 or more hours. This product
4    was produced in a facility that cultivates cannabis, and
5    that may also process common food allergens.".
6        (3) Cannabis-infused products intended for topical
7    application must contain a statement "DO NOT EAT" in bold,
8    capital letters.
9    (k) Each cannabis-infused product intended for consumption
10must be individually packaged, must include the total
11milligram content of THC and CBD, and may not include more than
12a total of 100 milligrams of THC per package. A package may
13contain multiple servings of 10 milligrams of THC, indicated
14by scoring, wrapping, or by other indicators designating
15individual serving sizes. The Department of Agriculture may
16change the total amount of THC allowed for each package, or the
17total amount of THC allowed for each serving size, by rule.
18    (l) No individual other than the purchaser may alter or
19destroy any labeling affixed to the primary packaging of
20cannabis or cannabis-infused products.
21    (m) For each commercial weighing and measuring device used
22at a facility, the cultivation center or craft grower must:
23        (1) Ensure that the commercial device is licensed
24    under the Weights and Measures Act and the associated
25    administrative rules (8 Ill. Adm. Code 600);
26        (2) Maintain documentation of the licensure of the

 

 

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1    commercial device; and
2        (3) Provide a copy of the license of the commercial
3    device to the Department of Agriculture for review upon
4    request.
5    (n) It is the responsibility of the Department to ensure
6that packaging and labeling requirements, including product
7warnings, are enforced at all times for products provided to
8purchasers. Product registration requirements and container
9requirements may be modified by rule by the Department of
10Agriculture.
11    (o) Labeling, including warning labels, may be modified by
12rule by the Department of Agriculture.
13(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)