Sec. 21a-425c. Infused beverages and legacy infused beverages. Inventory, report and fee. Penalties.
Sec. 21a-425d. Legacy infused beverages. Waiver.
Sec. 21a-425. Definitions. For the purposes of this section and sections 21a-425a and 21a-425b:
(1) “Cannabis” means marijuana, as defined in section 21a-240;
(2) “Cannabis establishment” has the same meaning as provided in section 21a-420;
(3) “Cannabis product” has the same meaning as provided in section 21a-420;
(4) “Cannabis testing laboratory” has the same meaning as provided in section 21a-408;
(5) “Commissioner” means the Commissioner of Consumer Protection;
(6) “Consumer” has the same meaning as provided in section 21a-420;
(7) “Container” (A) means an object that is offered, intended for sale or sold to a consumer and directly contains an infused beverage, and (B) does not include an object or packaging that indirectly contains, or contains in bulk for transportation purposes, an infused beverage;
(8) “Cultivator” has the same meaning as provided in section 21a-420;
(9) “Department” means the Department of Consumer Protection;
(10) “Dispensary facility” has the same meaning as provided in section 21a-420;
(11) “Food and beverage manufacturer” has the same meaning as provided in section 21a-420;
(12) “Hemp” has the same meaning as provided in section 22-61l;
(13) “Hemp producer” means producer, as defined in section 22-61l;
(14) “Hemp products” has the same meaning as provided in section 22-61l;
(15) “Hybrid retailer” has the same meaning as provided in section 21a-420;
(16) “Infused beverage” means a beverage that (A) is not an alcoholic beverage, as defined in section 30-1, (B) is intended for human consumption, and (C) contains, or is advertised, labeled or offered for sale as containing, total THC that is not greater than three milligrams per container;
(17) “Infused beverage manufacturer” means a person licensed by the Commissioner of Consumer Protection pursuant to section 21a-425a;
(18) “Legacy infused beverage” means a beverage that (A) is not an alcoholic beverage, as defined in section 30-1, (B) is intended for human consumption, (C) contains, or is advertised, labeled or offered for sale as containing, THC, as defined in section 21a-240, and (D) as of June 30, 2024, is in compliance with (i) the provisions of RERACA, as defined in section 21a-420, and (ii) the policies and procedures issued by the Commissioner of Consumer Protection to implement, and any regulations adopted pursuant to, RERACA, as defined in section 21a-420;
(19) “Micro-cultivator” has the same meaning as provided in section 21a-420;
(20) “Manufacturer hemp product” has the same meaning as provided in section 22-61l;
(21) “Producer” has the same meaning as provided in section 21a-420;
(22) “Product manufacturer” has the same meaning as provided in section 21a-420;
(23) “Retailer” has the same meaning as provided in section 21a-420; and
(24) “Total THC” has the same meaning as provided in section 21a-240.
(P.A. 24-76, S. 26.)
History: P.A. 24-76 effective July 1, 2024.
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Sec. 21a-425a. Infused beverage manufacturers. License and licensed cannabis establishments. Manufacturing, testing, packaging, labeling, advertising and sales requirements. Report. Policies, procedures and regulations. Penalties. (a) Notwithstanding the provisions of sections 22-61m and 22-61n, 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.
(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, 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, 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.
(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, 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.
(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, 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, to implement the provisions of this section. Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, 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 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.
(l) Beginning on October 1, 2024, and following a hearing conducted in accordance with chapter 54, 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.
(m) Beginning on October 1, 2024, the Commissioner of Consumer Protection may, pursuant to section 4-182, 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.
(P.A. 24-76, S. 27.)
History: P.A. 24-76 effective July 1, 2024.
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Sec. 21a-425b. Infused beverage sales. Requirements. Prohibitions. Waiver re legacy infused beverages. Penalty. (a)(1) Beginning on October 1, 2024, no infused beverage shall be sold, offered for sale or distributed in this state unless:
(A) The infused beverage is sold or offered for sale (i) on premises operating under a package store permit issued pursuant to subsection (b) of section 30-20, or (ii) at a dispensary facility, hybrid retailer or retailer;
(B) If the infused beverage is sold at a dispensary facility, hybrid retailer or retailer, the infused beverage is stored and displayed separately from any cannabis, in the same manner provided for manufacturer hemp products, in accordance with section 21a-409, 21a-420s or 21a-420r, respectively; and
(C) The infused beverage meets the standards set forth for manufacturer hemp products in subsections (v) and (x) of section 22-61m.
(2) Beginning on July 1, 2024, no infused beverage shall be sold, or offered for sale, at retail to any individual in this state by way of any indirect means, including, but not limited to, by way of mail or any telephonic or other electronic means.
(b) No infused beverage shall be sold to any individual who is younger than twenty-one years of age. No owner, agent or employee of a package store permitted under subsection (b) of section 30-20, or of a dispensary facility, hybrid retailer or retailer, shall sell any infused beverage to an individual without first verifying the individual's age with a valid government-issued driver's license or identity card to establish that such individual is twenty-one years of age or older.
(c) Beginning on October 1, 2024, no person shall sell, or offer for sale, any infused beverage in any container containing less than twelve fluid ounces, or any packaging comprised of more than four containers.
(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, a dispensary facility, hybrid retailer, retailer or package store that has received a waiver from the Commissioner of Consumer Protection under section 21a-425d may, during the period beginning on July 1, 2024, and ending on September 30, 2024, sell legacy infused beverages in accordance with such waiver and the requirements set forth in section 21a-425d.
(e) Any violation of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 24-76, S. 28.)
History: P.A. 24-76 effective July 1, 2024.
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Sec. 21a-425c. Infused beverages and legacy infused beverages. Inventory, report and fee. Penalties. (a) For the purposes of this section:
(1) “Business” means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which business for profit or not-for-profit is conducted;
(2) “Commissioner” means the Commissioner of Consumer Protection;
(3) “Container” (A) means an object that is intended for sale to a consumer, as defined in section 21a-420, and directly contains an infused beverage or legacy infused beverage, and (B) does not include an object or packaging that indirectly contains, or contains in bulk for transportation purposes, an infused beverage or legacy infused beverage;
(4) “Dispensary facility” has the same meaning as provided in section 21a-420;
(5) “Hybrid retailer” has the same meaning as provided in section 21a-420;
(6) “Infused beverage” means a beverage that (A) is not an alcoholic beverage, as defined in section 30-1, (B) is intended for human consumption, and (C) contains, or is advertised, labeled or offered for sale as containing, total THC, as defined in section 21a-240, that is not greater than three milligrams per container;
(7) “Legacy infused beverage” means a beverage that (A) is not an alcoholic beverage, as defined in section 30-1, (B) is intended for human consumption, (C) contains, or is advertised, labeled or offered for sale as containing, THC, as defined in section 21a-240, and (D) as of May 11, 2024, is in compliance with (i) the provisions of RERACA, as defined in section 21a-420, and (ii) the policies and procedures issued by the Commissioner of Consumer Protection to implement, and any regulations adopted pursuant to, RERACA, as defined in section 21a-420;
(8) “Package store” means premises operating under a permit issued under subsection (b) of section 30-20; and
(9) “Retailer” has the same meaning as provided in section 21a-420.
(b) Beginning on May 15, 2024, no business shall sell, at retail, any infused beverage or legacy infused beverage in this state unless such business has satisfied the requirements established in subsection (c) of this section. No business, other than a dispensary facility, hybrid retailer, retailer or package store authorized pursuant to section 21a-425d, shall sell, at retail, any infused beverage or legacy infused beverage in this state on or after July 1, 2024.
(c) (1) Not later than May 14, 2024, each business that owns and possesses any infused beverage or legacy infused beverage in this state on said date shall take an inventory of all containers such business owns and possesses in this state on said date.
(2) Not later than June 15, 2024, each business that is in possession of infused beverages or legacy infused beverages for sale, at retail, shall submit to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection:
(A) A report disclosing the results of the inventory conducted pursuant to subdivision (1) of this subsection; and
(B) A fee in the amount of one dollar per container included in such inventory.
(3) If any business fails to submit the report and pay the fee required under subdivision (2) of this subsection on or before June 15, 2024, the Commissioner of Consumer Protection shall:
(A) Make a good faith estimate, based on the information available to the commissioner, of the number of containers that such business owned, and were in such business's possession, in this state on May 14, 2024; and
(B) Invoice such business for a fee in the amount of one dollar per container described in subparagraph (A) of this subdivision.
(d) All fees received by the Department of Consumer Protection under this section shall be deposited in the consumer protection enforcement account established in section 21a-8a.
(e) If any business fails to submit the report and pay the fee required under subdivision (2) of subsection (c) of this section on or before June 15, 2024, the Commissioner of Consumer Protection may, subject to the provisions of chapter 54, revoke, place conditions upon or suspend any certificate, license, permit, registration or other credential the Department of Consumer Protection has issued to or for such business.
(P.A. 24-76, S. 29; 24-95, S. 2.)
History: P.A. 24-76 effective May 11, 2024; P.A. 24-95 substantially amended Subsec. (b) including by deleting former Subdiv. (2) and modifying who may sell infused beverages and legacy infused beverages at retail, substantially amended Subsec. (c) including by deleting “other than a dispensary facility, hybrid retailer, retailer or package store” in Subdivs. (1) to (3) and adding provision in Subdiv. (2) re possession of infused beverage or legacy infused beverage for sale at retail, deleted “other than a dispensary facility, hybrid retailer, retailer or package store” in Subsec. (e), and made technical and conforming changes in Subsecs. (b) and (c), effective May 11, 2024.
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Sec. 21a-425d. Legacy infused beverages. Waiver. (a) For the purposes of this section:
(1) “Dispensary facility” has the same meaning as provided in section 21a-420;
(2) “Hybrid retailer” has the same meaning as provided in section 21a-420;
(3) “Legacy infused beverage” means a beverage that (A) is not an alcoholic beverage, as defined in section 30-1, (B) is intended for human consumption, (C) contains, or is advertised, labeled or offered for sale as containing, THC, as defined in section 21a-240, and (D) as of June 30, 2024, is in compliance with (i) the provisions of RERACA, and (ii) the policies and procedures issued by the Commissioner of Consumer Protection to implement, and any regulations adopted pursuant to, RERACA;
(4) “RERACA” has the same meaning as provided in section 21a-420; and
(5) “Retailer” has the same meaning as provided in section 21a-420.
(b) During the period beginning on May 11, 2024, and ending on June 30, 2024, a dispensary facility, hybrid retailer or retailer, or the holder of a package store permit issued under subsection (b) of section 30-20, may submit to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, an application for a waiver to, during the period beginning on July 1, 2024, and ending on September 30, 2024, sell the legacy infused beverages that, on May 14, 2024, are in the possession, and included in the inventory, of such dispensary facility, hybrid retailer, retailer or package store.
(c) A waiver issued by the Commissioner of Consumer Protection pursuant to subsection (b) of this section shall allow the dispensary facility, hybrid retailer, retailer or package store to, during the period beginning on July 1, 2024, and ending on September 30, 2024, sell the legacy infused beverages that, on May 14, 2024, are in the possession, and included in the inventory, of such dispensary facility, hybrid retailer, retailer or package store, provided all such sales are made (1) to individuals twenty-one years of age or older, and (2) in compliance with all applicable provisions of RERACA and the policies and procedures issued by the Commissioner of Consumer Protection to implement, and any regulations adopted pursuant to, RERACA.
(d) No dispensary facility, hybrid retailer, retailer or package store shall sell any legacy infused beverage during the period beginning on July 1, 2024, and ending on September 30, 2024, unless the Commissioner of Consumer Protection has issued a waiver, pursuant to subsection (b) of this section, to the dispensary facility, hybrid retailer or retailer or the holder of the package store permit issued under subsection (b) of section 30-20.
(P.A. 24-76, S. 30; 24-95, S. 3.)
History: P.A. 24-76 effective May 11, 2024; P.A. 24-95 amended Subsecs. (b) and (c) by substituting “May 14, 2024” for “the effective date of this section”, effective May 11, 2024.
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