410 ILCS 707/30: Intermediate hemp products and hemp product manufacturing.

(This Section may contain text from a Public Act with a delayed effective date)

(a) Any person that processes or handles hemp (other than industrial hemp) or intermediate hemp-derived cannabinoid products shall obtain a hemp product manufacturer license from the Department.

(b) Hemp product manufacturers shall obtain hemp only from hemp growers licensed by the United States Department of Agriculture or an approved State or tribal hemp program and may only produce products that are permitted to be sold under federal or State law. Hemp product manufacturers shall not sell any products that do not comply with the requirements of the jurisdiction in which they are sold.

(c) A hemp product manufacturer shall only produce products that meet the definition of hemp, intermediate hemp-derived cannabinoid product, or final consumer hemp cannabinoid product. A hemp product manufacturer shall not create artificially derived cannabinoids.

(d) An application for licensure shall be submitted to the Department on a form prescribed by the Department and shall include, but shall not be limited to:

(1) the entity name, address, email address, and telephone number of the applicant;

(2) identification of the facility to be used; separate licenses are required for separate facilities;

(3) a copy of the applicable local zoning ordinance and verification that the facility location is not in an area zoned for residential use and complies with local zoning rules and distance limitations established by the local jurisdiction;

(4) identification of an authorized point of contact for interactions with the Department; and

(5) a list of all operations and processes to be conducted at the facility; licensees shall keep this list current at all times.

(e) The Department shall inspect the facility to assess whether the facility is suitable for operations prior to issuing a license. A license is valid only for the location listed in the application. A new application is required for each new location.

(f) A hemp product manufacturer shall operate under the supervision of a food service sanitation manager certified by the Department of Public Health.

(g) The facility shall be in compliance with the Illinois Food, Drug, and Cosmetic Act, the Sanitary Food Preparation Act, and the Food Handling Regulation Enforcement Act.

(h) A hemp product manufacturer may perform hemp extraction to create hemp concentrate that meets the definition of an intermediate hemp-derived cannabinoid product upon approval by the Department. The hemp product manufacturer shall provide in its application and keep up to date all methods of extraction and concentration that the manufacturer will use and identify the chemicals, if any, that will be used. All extraction methods and chemicals shall be approved by the Department. The Department shall adopt rules regulating hemp extraction, which shall include, at a minimum, an annual inspection by a professional engineer. Extraction equipment and processing sites shall be designed, installed, and maintained in accordance with codes of recognized and generally accepted good engineering practices, such as the National Fire Protection Association (NFPA), International Fire Code (IFC), American Society of Mechanical Engineers (ASME), and Underwriters Laboratories (UL).

(i) A hemp product manufacturer must comply with State and local building, fire, and zoning codes, requirements, and regulations.

(j) The Department may adopt rules that set facility standards and specifications, application requirements, production standards, security requirements, and any other requirements to ensure a safe and compliant facility.

(k) Hemp product manufacturing licenses shall be valid for 2 years and be subject to a license fee of $5,000. The Department shall waive the fee for any public institution of higher education, as defined in the Public Higher Education Act.

(l) The Department may impose fines, not to exceed $10,000, on hemp product manufacturers for violation of this Act and rules.