2019 -- S 0406 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- ASSENT TO FOOD SAFETY

MODERNIZATION ACT

     Introduced By: Senators Sosnowski, Conley, Coyne, DiPalma, and Euer

     Date Introduced: February 27, 2019

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 2-1 of the General Laws entitled "Agricultural Functions of

Department of Environmental Management" is hereby amended by adding thereto the following

section:

     2-1-10.1. Assent to food safety modernization act.

     The state of Rhode Island assents to the provisions of the act of Congress entitled "FDA

Food Safety Modernization Act," 21 U.S.C. § 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform those acts relating to produce on

the farm that may be necessary for the modernization of the safety of the food supply, as defined

in that act of Congress, in compliance with that act and with the rules and regulations

promulgated by the Food and Drug Administration that are consistent with that act.

     SECTION 2. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled "Uniform

Controlled Substances Act" is hereby amended by amending § 21-28-1.02(30) [effective until

January 1, 2023] and § 21-28-1.02(29) [effective January 1, 2023] as follows:

     (30) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2, nor shall it

include products that have been approved for marketing as a prescription medication by the U.S.

Food and Drug Administration and legally prescribed.

     (29) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2, nor shall it

include products that have been approved for marketing as a prescription medication by the U.S.

Food and Drug Administration and legally prescribed.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- ASSENT TO FOOD SAFETY

MODERNIZATION ACT

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     This act would have Rhode Island assent to the FDA Food Safety Modernization Act, and

empowers the director of DEM to perform those acts necessary, as related to produce on the farm,

to be in compliance with the provisions of the act for the modernization of the safety of the food

supply.

     This act would take effect upon passage.

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