Section 21a-NEW - [Newly enacted section not yet numbered] Infused beverage manufacturer license; hemp oil(a) Notwithstanding the provisions of sections 22-61m of the general statutes, and 22-61n of the general statutes, and except as provided in subsection (c) of this section, no person shall, on or after October 1, 2024, manufacture any infused beverage that is intended to be sold or offered for sale in this state unless such person has received an infused beverage manufacturer license issued by the Commissioner of Consumer Protection pursuant to this section.(b) A person seeking an infused beverage manufacturer license under this section shall submit to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, an application accompanied by an application fee in the amount of five thousand dollars. Each license issued pursuant to this section shall be valid for a period of one year, and shall be renewable for additional one-year periods upon submission of a renewal application in the manner, and payment of a renewal fee in the amount, set forth for an initial application under this subsection. All fees collected under this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a of the general statutes.(c)(1) A cultivator, micro-cultivator, food and beverage manufacturer or product manufacturer, or a producer that has received expanded authorization to engage in the adult use cannabis market under the producer's license issued pursuant to section 21a-408i of the general statutes, may, beginning on October 1, 2024, manufacture infused beverages in this state that are intended to be sold or offered for sale in this state if such cultivator, micro-cultivator, food and beverage manufacturer, product manufacturer or producer submits to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, a written request to manufacture such infused beverages, and the commissioner approves such written request.(2) A cultivator, micro-cultivator, food and beverage manufacturer, product manufacturer or producer that receives approval from the Commissioner of Consumer Protection under subdivision (1) of this subsection shall be subject to all provisions of this section, and all regulations, policies and procedures adopted or issued pursuant to subsection (k) of this section, applicable to infused beverage manufacturers, except no such cultivator, micro-cultivator, food and beverage manufacturer, product manufacturer or producer shall be subject to the provisions of subsections (a) and (b) of this section.(d)(1) Beginning on October 1, 2024, no infused beverage manufacturer shall obtain any hemp product for the purpose of manufacturing any infused beverage that is intended to be sold or offered for sale in this state unless such hemp product is in the form of hemp oil, and no such infused beverage manufacturer shall use any hemp product other than hemp oil to manufacture any such infused beverage.(2) Beginning on October 1, 2024, no infused beverage manufacturer shall obtain any hemp oil for the purpose of manufacturing any infused beverage that is intended to be sold or offered for sale in this state unless such hemp oil: (A) Is derived from hemp;(B)(i) Was extracted from hemp grown by (I) a hemp producer, as evidenced by a certificate of authenticity issued by the hemp producer, or (ii) a licensed hemp grower regulated by a state, territory or federally recognized Indian tribe, and in accordance with a state or tribal plan approved by the United States Department of Agriculture, as evidenced by a certificate of authenticity issued by such licensed hemp grower, or (ii) was extracted (I) by a person who is actively credentialed by a state or federally recognized Indian tribe to extract hemp, and (II) in a facility that is credentialed by a state or federally recognized Indian tribe; and(C) Was extracted from hemp by using (i) a Class 3 residual solvent within the meaning of the most recent United States Pharmacopeia, Chapter 467, as amended from time to time, (ii) a solvent generally recognized as safe pursuant to the Federal Food, Drug and Cosmetic Act, or (iii) a solvent approved by the Department of Consumer Protection and posted on the department's Internet web site.(3) Beginning on October 1, 2024, each infused beverage manufacturer that manufactures any infused beverage that is intended to be sold or offered for sale in this state shall:(A) Not manufacture any such infused beverage with total THC that exceeds three milligrams per container;(B) Manufacture such infused beverage by using equipment that is exclusively used to manufacture an infused beverage or prepared in accordance with good manufacturing practices as set forth in 21 CFR Parts 110 and 111, as amended from time to time, as applicable; and(C) Ensure that all hemp oil such infused beverage manufacturer possesses to manufacture such infused beverage is (i) stored in a secure, locked location separate from any cannabis, (ii) clearly and conspicuously labeled as hemp oil solely for use in manufacturing an infused beverage, and (iii) solely used for the purpose of manufacturing an infused beverage.(e)(1) Beginning on October 1, 2024, no infused beverage that is sold or offered for sale in this state shall include (A) any additive that (i) is psychotropic, or (ii) could increase the potency, toxicity or addictive properties of the infused beverage, including, but not limited to, caffeine other than caffeine naturally occurring in chocolate, or (B) total THC that exceeds three milligrams per container.(2)(A) Beginning on October 1, 2024, each lot of an infused beverage in final form shall be tested by a cannabis testing laboratory. A statistically significant number of samples shall be collected from such lot and submitted to the cannabis testing laboratory for final product testing in a manner approved by the Department of Consumer Protection. Such sampling and final product testing shall be conducted by using a representative sample of such lot and by collecting a minimum number of sample increments relative to the size of such lot.(B) Beginning on October 1, 2024, no infused beverage shall be sold or offered for sale in this state unless the infused beverage meets (i) the laboratory testing standards for cannabis established in, and any regulations, policies and procedures adopted or issued pursuant to, section 21a-421j of the general statutes, or (ii) such other testing standards as may be approved by the Department of Consumer Protection and posted on the department's Internet web site.(3) Beginning on October 1, 2024, no infused beverage sold or offered for sale in this state shall be packaged, labeled or advertised in any manner that is likely to mislead an individual by incorporating any statement, brand, design, representation, picture, illustration or other depiction that: (A) Bears a reasonable resemblance to trademarked or characteristic packaging of (i) cannabis offered for sale (I) in this state by a cannabis establishment licensed in this state, or (II) on tribal land by a tribal-credentialed cannabis entity, or (ii) a commercially available product other than a cannabis product; or(B) Appeals to individuals who are younger than twenty-one years of age by, among other things, (i) making use of any spokesperson or celebrity who appeals to such individuals, (ii) depicting any individual who is younger than twenty-five years of age consuming cannabis or an infused beverage, (iii) including any object, such as a toy, character or cartoon character, which suggests the presence of any individual who is younger than twenty-one years of age, or (iv) making use of any other method that is designed to appeal to any individual who is younger than twenty-one years of age.(4) Beginning on October 1, 2024, each infused beverage container sold or offered for sale in this state shall prominently display a symbol, in a size of not less than one-half inch by one-half inch and in a format approved by the Commissioner of Consumer Protection, that indicates that such infused beverage is not legal or safe for individuals younger than twenty-one years of age.(f)(1) Beginning on October 1, 2024, no infused beverage manufacturer shall sell an infused beverage to any person in this state other than (A) a dispensary facility, (B) a hybrid retailer, (C) a retailer, or (D) the holder of a wholesaler permit or a wholesaler permit for beer issued under section 30-17 of the general statutes.(2) Beginning on October 1, 2024, a dispensary facility, hybrid retailer or retailer, before selling an infused beverage to a consumer in this state, or wholesaler permittee, before selling an infused beverage to a package store permittee under subsection (b) of section 30-20 of the general statutes, shall, based on a representative sample of the infused beverage containers included in the shipment that includes such infused beverage, (A) verify that the infused beverages included in such shipment satisfy the requirements established in subdivision (3) of subsection (e) of this section and any regulations adopted, and policies and procedures issued, pursuant to subsection (k) of this section, and (B) for the purpose of preserving public health and safety, verify that the infused beverages included in such shipment were manufactured in accordance with requirements that are substantially similar to the requirements established in subsections (d) and (e) of this section and any regulations adopted, and policies and procedures issued, pursuant to subsection (k) of this section if such infused beverages were manufactured (i) in a facility located in, and regulated by, another state, and (ii) by a person who is regulated as a food or nonalcoholic beverage manufacturer.(g) Beginning on October 1, 2024, no cannabis establishment or infused beverage manufacturer, or agent or employee of a cannabis establishment or infused beverage manufacturer, shall gift or transfer any infused beverage to a consumer, at no cost to the consumer, as part of a commercial transaction.(h) Beginning on October 1, 2024, the Commissioner of Consumer Protection may request that an infused beverage manufacturer submit to the Department of Consumer Protection, in a form and manner prescribed by the commissioner, documentation sufficient to demonstrate that the infused beverage manufacturer is in compliance with the provisions of this section. The infused beverage manufacturer shall promptly provide such documentation to the department.(i) Beginning on October 1, 2024, each infused beverage manufacturer shall be subject to the investigation and enforcement provisions set forth in section 21a-421p of the general statutes.(j) Beginning on October 1, 2024, if the Commissioner of Consumer Protection determines, after consulting with the Attorney General, that the Agriculture Improvement Act of 2018, P.L. 115-334, as amended from time to time, has been amended in a manner that conflicts with any provision of this section, the commissioner shall prepare and submit a report, in coordination with the Attorney General and in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection. Such report shall, at a minimum, set forth the scope of such conflict and recommendations to resolve such conflict. The commissioner shall submit such report: (1) Not later than thirty days after the United States Department of Agriculture announces such amendment, if the General Assembly is in session; or (2) not later than sixty days after the United States Department of Agriculture announces such amendment, if the General Assembly is not in session.(k) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, of the general statutes, the commissioner shall, prior to adopting such regulations and in order to effectuate the provisions of this section, issue policies and procedures to implement the provisions of this section that shall have the force and effect of law. The commissioner shall post all policies and procedures on the Department of Consumer Protection's Internet web site, and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure. Any such policy or procedure shall no longer be effective upon the earlier of either the adoption of the policy or procedure as a final regulation under section 4-172 of the general statutes or forty-eight months from July 1, 2024, if such regulations have not been submitted to the legislative regulation review committee for consideration under section 4-170 of the general statutes.(l) Beginning on October 1, 2024, and following a hearing conducted in accordance with chapter 54 of the general statutes, the Commissioner of Consumer Protection may impose an administrative civil penalty, not to exceed five thousand dollars per violation, and suspend, revoke or place conditions upon any infused beverage manufacturer that violates any provision of this section or any regulation adopted pursuant to subsection (k) of this section. All administrative civil penalties collected under this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a of the general statutes.(m) Beginning on October 1, 2024, the Commissioner of Consumer Protection may, pursuant to section 4-182 of the general statutes, summarily suspend any credential the commissioner or Department of Consumer Protection has issued to any person who violates any provision of this section.(n) Any violation of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b of the general statutes.Conn. Gen. Stat. § 21a-NEW
Added by P.A. 24-0076,S. 27 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.