Bill
SB 682
Requires pre-sale batch testing by independent labs, COAs for every hemp-derived cannabinoid product, clear labeling, child-resistant packaging, and a 21+ age limit.
Status: Read first time (2/21/2025); referred to Committee on Agriculture and Revenue.
Purpose
- Establish product, testing, labeling, packaging, age‑restriction, and enforcement requirements for hemp‑derived cannabinoid (HDC) products sold or offered to consumers in the state, and to clarify that certain HDC products are included in the statutory definition of “hemp.”
Key definitions (highlights)
- “Hemp‑derived cannabinoid” (HDC): any cannabinoid extracted from hemp (includes refined cannabinoids and examples such as delta‑6, delta‑8, delta‑9, delta‑10 THC derivatives), but excludes tetrahydrocannabinol acetate and synthetic cannabinoids.
- “Hemp‑derived cannabinoid product” (HDC product): a product that contains or is labeled to contain an HDC and is produced, marketed, or intended to be ingested, inhaled, or absorbed through the skin (subject to certain exceptions).
- “Batch,” “hemp concentrate,” and household definitions are specified to support testing and traceability.
Major requirements and changes
- Inclusion in hemp definition: The bill amends the statutory definition of “hemp” to explicitly include HDC products and requires testing using reliable analytical methods (e.g., HPLC, GC‑MS).
- Pre‑sale batch testing: Before sale, manufacturers must submit a sample of each batch to an independent, accredited laboratory. The lab must certify:
- The product contains the cannabinoid amounts stated on the label (disclosed as % and mg per serving; and mg per container when applicable).
- Contaminant limits (only trace amounts of mold, residual solvents, etc.).
- The product’s delta‑9‑THC level is within the allowable legal hemp threshold.
- Certificate of Analysis (COA): A COA must be produced by the lab and must accompany every product sold to consumers; a QR code on the label is allowed to provide the COA.
- Labeling: Products must display specified information, including manufacturer/brand contact, serving size, servings per container, cannabinoid profile per serving and per container, ingredients (including major allergens), potency (mg per serving and total mg per container for THC and each HDC), and a prescribed warning statement.
- Packaging and tamper evidence:
- Packaging must be child‑resistant, not include features likely to appeal to children, and be tamper‑evident (container or seal).
- Edible/beverage limits: Products marketed as beverages may contain no more than 10 mg THC per serving; if in a non‑resealable container, the container may contain no more than two servings.
- Age restrictions: Prohibits sale or provision of HDC products to persons under 21. Under‑21 persons are banned from purchase/possession and from misrepresenting age. Sellers have a defense if purchaser appears of age and provides false but reasonable identification.
- Exports: Manufacturers may produce and sell HDC/hemp‑extract products for export even if the product is not permitted to be sold to in‑state consumers.
- Enforcement: Removes/clarifies an existing procedural barrier — the bill specifies that current law’s requirement for a referral from the Department of Agriculture, Trade and Consumer Protection (DATCP) before prosecution of a hemp‑related violation does not apply to enforcement of the bill’s HDC provisions (i.e., enforcement can proceed without that referral).
Who is affected
- Manufacturers, packagers, brand owners: must implement batch testing, maintain COAs, update labels, and meet packaging and potency limits.
- Independent accredited labs: demand for batch testing and COAs increases; must use accepted methods.
- Retailers and vendors: must verify COAs and age, ensure product labeling and packaging compliance.
- Consumers (esp. youth): greater access safeguards (age limits, childproof packaging), improved product information and lab verification.
- Regulators and prosecutors: enforcement authority clarified; DATCP referral not required for violations under this bill.
Potential impacts
- Public health/consumer protection: Improved transparency (COAs, labeling) and retail safeguards with child‑resistant packaging and age limits; potency caps on beverages reduce over‑exposure risk.
- Compliance costs: Manufacturers and retailers likely face increased costs for per‑batch lab testing, updated packaging/labels, and recordkeeping.
- Market effects: Some products previously sold in the state may be withdrawn or only produced for export; smaller producers could be disproportionately affected by testing costs.
- Enforcement: Easier path for criminal or civil enforcement without prior DATCP referral may increase legal actions for noncompliance.
Procedural note
- The bill was introduced 2/21/2025 and is currently in committee (Agriculture and Revenue). No effective date or penalty schedule is specified in the excerpts provided; details (penalties, enforcement mechanisms, agency implementation rules, and exact warning wording) would be established in the full bill text or implementing regulations if enacted.
Related/companion measures
- HB 4173 and HB 769 are listed as related/companion bills in the provided materials.
Compiled from official sources — confirm details with the bill’s official record.
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