410 ILCS 707/35: Final consumer hemp products.

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

(a) All final consumer hemp cannabinoid products distributed, sold, or offered for sale in this State shall meet the following minimum requirements:

(1) the product shall meet the definition of "final consumer hemp cannabinoid product";

(2) the product shall not contain liquor, wine, beer, or cider, or otherwise meet the definition of "alcoholic liquor" under the Liquor Control Act of 1934;

(3) the product shall not contain tobacco or nicotine;

(4) the product shall consist of a consumable or topical product, such as an edible food or beverage, and shall not be intended to be smoked or vaped or otherwise meet the definition of electronic cigarette as defined by the Tobacco Products Tax Act of 1995;

(5) the product shall contain only ingredients that are generally recognized as safe (GRAS) for use in food or are approved food additives under the Federal Food, Drug, and Cosmetic Act, unless otherwise authorized by the Department by rule; and

(6) the product shall be prepackaged and shall not be added to food or any other consumable product at the point of sale.

(b) Prior to sale to the public, a representative sample of each lot shall be tested by a laboratory approved by the Department under the Cannabis Regulation and Tax Act. The representative sample shall be tested for all tests required under 8 Ill. Admin. Code 1300.700, or the Department may set alternative testing standards by rule under this Act. The Department may also conduct testing of any product purported to be a final consumer hemp cannabinoid product. A current certificate of analysis shall be made available to the Department, to any retailer carrying the product, and to consumers via a scannable code or link on the product label.

(c) Every hemp-derived product offered for sale shall bear a label containing, at a minimum:

(1) the product name;

(2) the net weight or volume;

(3) a complete and accurate list of all ingredients in descending order of predominance;

(4) the identity and quantity of each cannabinoid present in the product at a level above 0.4 milligrams, expressed in milligrams per serving and per container;

(5) the number of servings per container;

(6) the batch or lot number;

(7) the name, business address, and contact information of the manufacturer or distributor;

(8) an expiration or use by date; and

(9) a quick response (QR) or equivalent scannable code or website linking to the certificate of analysis for the batch.

The Department may make modifications and additions to these requirements by rule.

(d) All final hemp consumer cannabinoid products shall be sold in a container as defined by this Act. Each container shall be individually wrapped or packaged at the original point of preparation. Any product containing hemp shall be packaged in a sealed, child-resistant container that complies with current standards, including the Consumer Product Safety Commission standards referenced in the federal Poison Prevention Packaging Act or any other requirement set by the Department by rule.

(e) Labels and Packaging must not contain information that:

(1) is false or misleading or includes a representation that the product is a cannabis product;

(2) promotes excessive consumption;

(3) includes any image designed or likely to appeal to minors, including cartoons, fruit, toys, animals, or children, or any other likeness to images, characters, or phrases used to advertise to children;

(4) imitates the trade dress, name, or packaging of any commercial non-cannabis or non-hemp food, candy, beverage, or product primarily marketed to children;

(5) contains any seal, flag, crest, coat of arms, or other insignia likely to mislead a purchaser into believing the product has been endorsed, made, or used by the State of Illinois or any of its representatives, except where authorized by this Act;

(6) misstates or omits cannabinoid content or ingredients; or

(7) makes health claims.

(f) Labeling and packaging requirements may be modified by the Department by rule.

(g) The Department may issue a mandatory recall for any product or product line found to be in violation of any provision of this Section.