(a) No person shall manufacture in the state without a license to manufacture issued by the Commissioner of Consumer Protection. Nothing in this section shall be construed to prohibit a person who is licensed in another state to manufacture, handle, store and market manufacturer hemp products from applying for and obtaining a license in accordance with the provisions of this section. (b) Each applicant for a manufacturer license shall submit an application on a form and in a manner prescribed by the Commissioner of Consumer Protection. (c) The following fees shall apply for a license to manufacture: (1) A nonrefundable license application fee of seventy-five dollars; and (2) A nonrefundable licensing fee of three hundred seventy-five dollars for a license to manufacture hemp. (d) A license to manufacture issued by the Commissioner of Consumer Protection pursuant to this section shall expire triennially on June thirtieth. Such licenses shall not be transferable. (e) In accordance with a hearing held pursuant to chapter 54, the Commissioner of Consumer Protection may deny, suspend or revoke a manufacturer license, issue fines of not more than five thousand dollars per violation and place conditions upon a manufacturer licensee who violates the provisions of this section and any regulation adopted pursuant to this section. (f) (1) Any individual who manufactures in this state without obtaining a license pursuant to this section or who manufactures in this state after such entity's license is suspended or revoked shall be fined ten thousand dollars in accordance with the provisions of section 51-164n . (2) Any entity who manufactures in this state without obtaining a license pursuant to this section, or who manufactures in this state after having a license suspended, shall be fined not more than five thousand dollars per violation after a hearing conducted in accordance with the provisions of chapter 54. (g) Nothing in this chapter or any regulations adopted pursuant to this chapter shall be construed to apply to persons licensed pursuant to section 21a-408i nor to require persons licensed pursuant to said section to obtain a license pursuant to this chapter. (h) The Commissioner of Consumer Protection may inspect and shall have access to the buildings, equipment, supplies, vehicles, records, real property and other information of any manufacturer applicant or licensee that the commissioner deems necessary to carry out the commissioner's duties pursuant to this section. (i) (1) Each manufacturer shall follow the protocol in this subsection for disposing of cannabis in the event that any hemp or hemp product is deemed to exceed the prescribed THC concentration, as determined by the Commissioner of Consumer Protection, or a manufacturer licensee in possession of hemp or hemp products who desires to dispose of obsolete, misbranded, excess or otherwise undesired product. Each manufacturer licensee shall be responsible for all costs of disposal of hemp samples and any hemp produced by such licensee that violates the provisions of this section or any regulation adopted pursuant to this section. Any cannabis that exceeds the prescribed THC concentration allowable in hemp or hemp products shall be immediately embargoed by such manufacturer and clearly labeled as adulterated by such licensee and such licensee shall immediately notify both the Department of Consumer Protection and the Department of Agriculture, in writing, of such adulterated product. Such adulterated product shall be destroyed and disposed of by the following method, as determined by the Commissioner of Consumer Protection: (A) Surrender, without compensation, of such hemp or hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such adulterated product; or (B) By disposal in a manner prescribed by the Commissioner of Consumer Protection. (2) Notwithstanding the provisions of subdivision (1) of this subsection, upon written request of a manufacturer, the Commissioner of Consumer Protection may permit such manufacturer to combine different batches of raw hemp plant material to achieve a THC concentration of 0.3 per cent on a dry weight basis, in lieu of embargo or destruction. (j) The manufacturer or manufacturer's authorized designee disposing of the hemp or hemp products shall maintain and make available to the Commissioner of Consumer Protection a record of each such disposal or destruction of product indicating: (1) The date, time and location of disposal or destruction; (2) The manner of disposal or destruction; (3) The batch or lot information and quantity of hemp or hemp product disposed of or destroyed; and (4) The signatures of the persons disposing of the hemp or hemp products, the authorized representative of the Commissioner of Consumer Protection and any other persons present during the disposal. (k) Any hemp intended to be manufactured by a manufacturer into a manufacturer hemp product shall be tested by an independent testing laboratory located in this state. A manufacturer licensee shall make available samples, in an amount and type determined by the Commissioner of Consumer Protection, of hemp for an independent testing laboratory employee to select random samples. The independent testing laboratory shall test each sample in accordance with the laboratory testing standards established in policies, procedures and regulations adopted by the commissioner pursuant to section 21a-421j . (l) Once a batch of hemp, intended to be sold as a manufacturer hemp product, has been homogenized for sample testing and eventual packaging and sale, until the independent testing laboratory provides the results from its tests and analysis, the manufacturer shall segregate and withhold from use the entire batch of hemp that is intended for use as a manufacturer hemp product, except the samples that have been removed by the independent testing laboratory for testing. During this period of segregation, the manufacturer licensee shall maintain the hemp batch in a secure, cool and dry location, as prescribed by the Commissioner of Consumer Protection, so as to prevent the hemp from becoming adulterated. Such manufacturer shall not manufacture or sell a manufacturer hemp product prior to the time that the independent testing laboratory completes testing and analysis and provides such results, in writing, to the manufacturer licensee who initiated such testing. (m) An independent testing laboratory shall immediately return or dispose of any hemp or manufacturer hemp product upon the completion of any testing, use or research. If an independent testing laboratory disposes of hemp or manufacturer hemp products, the laboratory shall dispose of such hemp in the following manner, as determined by the Commissioner of Consumer Protection: (1) By surrender, without compensation, of such hemp or manufacturer hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such hemp or hemp product; or (2) By disposal in a manner prescribed by the Commissioner of Consumer Protection. (n) If a sample does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, based on the laboratory testing standards established in policies, procedures and regulations adopted by the Commissioner of Consumer Protection pursuant to section 21a-421j , the manufacturer licensee who sent such batch for testing shall: (1) Retest and reanalyze the hemp from which the sample was taken by having an employee from the same laboratory randomly select another sample from the same hemp batch. If the sample used to retest or reanalyze such hemp yields satisfactory results for all testing required under this section, an employee from a different laboratory shall randomly select a different sample from the same hemp batch for testing. If both samples yield satisfactory results for all testing required under this section, the hemp batch from which the samples were taken shall be released for manufacturing, processing and sale; (2) If a remediation plan sufficient to ensure public health and safety is submitted to and approved by the commissioner, remediate the hemp batch from which the sample was taken and have a laboratory employee randomly select a sample from such remediated hemp batch for testing. If such randomly selected sample yields satisfactory results for any testing required under this section, an employee from a different laboratory shall randomly select a different sample from the same hemp batch for testing. If both samples yield satisfactory results for all testing required under this section, the hemp batch from which the samples were taken may be released for manufacturing, processing or sale; or (3) If the manufacturer does not retest or remediate, or if any subsequent laboratory testing does not yield satisfactory results for any testing required under this section, dispose of the entire batch from which the sample was taken in accordance with procedures established by the Commissioner of Consumer Protection pursuant to subdivision (1) of subsection (i) of this section. (o) If a sample passes the microbiological, mycotoxin, heavy metal and pesticide chemical residue test, the independent testing laboratory shall release the entire batch for manufacturing, processing or sale. (p) The independent testing laboratory shall file with the Department of Consumer Protection an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, at the same time that it transmits such results to the manufacturer licensee who requested such testing. Each independent testing laboratory shall maintain the test results of each tested batch for a period of three years and shall make such results available to the Department of Consumer Protection upon request. (q) Manufacturers shall maintain records required by the federal act, this section, any regulation adopted pursuant to this section and the policies, procedures and regulations adopted by the Commissioner of Consumer Protection pursuant to section 21a-421j . Each manufacturer shall make such records available to the Department of Consumer Protection immediately upon request and in electronic format, if available. (r) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, establishing sampling and testing procedures to ensure compliance with this section, prescribing storage and disposal procedures for hemp, marijuana and manufacturer hemp products that fail to pass Department of Consumer Protection prescribed independent testing laboratory testing standards and establishing advertising and labeling requirements for manufacturer hemp products. (s) Any claim of health impacts, medical effects or physical or mental benefits shall be prohibited on any advertising for, labeling of or marketing of manufacturer hemp products regardless of whether such manufacturer hemp products were manufactured in this state or another jurisdiction. Any violation of this subsection shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b . (t) Not later than February 1, 2020, the Commissioners of Agriculture and Consumer Protection shall submit a report, in accordance with section 11-4a , to the joint standing committee of the general assembly having cognizance of matters relating to the environment on the status of the pilot program, the development of the state plan and any regulations for such pilot program or state plan. Such report shall also include any legislative recommendations, including, but not limited to, any recommendations for requiring the registration of any manufacturer hemp product offered for sale in this state. (u) (1) Any person who sells manufacturer hemp products shall not be required to be licensed, provided such person only engages in: (A) The retail or wholesale sale of manufacturer hemp products in which no further manufacturing of hemp occurs, provided such manufacturer hemp products are acquired from a person authorized to manufacture the manufacturer hemp products under the laws of this state or another state, territory or possession of the United States or another sovereign entity; (B) the acquisition of manufacturer hemp products for the sole purpose of product distribution for resale; and (C) the retail sale of manufacturer hemp products that is authorized under federal or state law. (2) The Commissioner of Consumer Protection or Commissioner of Revenue Services may, pursuant to section 4-182 , summarily suspend any credential the Department of Consumer Protection or Department of Revenue Services, respectively, issued to any person who violates any provision of this section or chapter 214c, 228d, 420f or 420h. (v) No manufacturer hemp product offered for sale in this state, or to a consumer in this state, shall contain any synthetic cannabinoid, as defined in section 21a-240 . (w) No manufacturer hemp product offered for sale in this state, or to a consumer in this state, shall be packaged, presented or advertised in a manner that is likely to mislead a consumer by incorporating any statement, brand, design, representation, picture, illustration or other depiction that: (1) Bears a reasonable resemblance to trademarked or characteristic packaging of (A) 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 (B) a commercially available product other than a cannabis product, as defined in section 21a-420 ; or (2) implies that the manufacturer hemp product (A) is a cannabis product, as defined in section 21a-420 , (B) contains a total THC concentration greater than three-tenths per cent on a dry-weight basis, or (C) is a high-THC hemp product, as defined in section 21a-240 . (x) No manufacturer hemp product that is a food, beverage, oil or other product intended for human ingestion shall be distributed or sold in this state unless such product is contained within a package, or a label is affixed to such package, that includes: (1) A scannable barcode, Internet web site address or quick response code that is linked to the certificate of analysis of the final form product batch by an independent testing laboratory and discloses: (A) The name of such product; (B) The name, address and telephone number of such product's manufacturer, packer and distributor, as applicable; (C) The batch number, which shall match the batch number on such package or label; and (D) The concentration of cannabinoids present in such product, including, but not limited to, total THC and any cannabinoids or active ingredients comprising at least one per cent of such product; (2) The expiration or best by date for such product, if applicable; (3) A clear and conspicuous statement disclosing that: (A) Children, or those who are pregnant or breastfeeding, should avoid using such product prior to consulting with a health care professional concerning such product's safety; (B) Products containing cannabinoids should be kept out of reach of children; and (C) The federal Food and Drug Administration has not evaluated such product for safety or efficacy; and (4) If such product is intended to be inhaled, a clear and conspicuous warning statement disclosing that smoking or vaporizing is hazardous to human health. (y) No manufacturer hemp product that is a topical, soap or cosmetic, as defined in section 21a-92 , shall be distributed or sold in this state unless such product is contained within a package, or a label is affixed to such package, that includes: (1) A scannable barcode, Internet web site address or quick response code that is linked to the certificate of analysis of the final form extract or final form product batch by an independent testing laboratory and discloses: (A) The name of such product; (B) The name, address and telephone number of such product's manufacturer, packer and distributor, as applicable; (C) The batch number, which shall match the batch number on such package or label; and (D) The concentration of cannabinoids present in such batch, including, but not limited to, total THC and any marketed cannabinoids; (2) The expiration or best by date for such product, if applicable; and (3) A clear and conspicuous statement disclosing the following: “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”. (z) Not later than October 31, 2023, and annually thereafter, the Department of Emergency Services and Public Protection shall, in consultation with the Department of Consumer Protection, publish a training bulletin to inform local law enforcement agencies and officers regarding the investigation and enforcement standards concerning cannabis and high-THC hemp products. (aa) Notwithstanding any provision of the general statutes: (1) CBD that is found in manufacturer hemp products shall not be considered a controlled substance, as defined in section 21a-240 , or legend drug, as defined in section 20-571 ; and (2) CBD derived from hemp and contained in manufacturer hemp products shall not be considered a controlled substance or adulterant. (bb) Nothing in this section shall be construed to prohibit the shipment or transportation through this state of any hemp that is lawfully produced under federal law.
(P.A. 19-3, S. 2; 19-117, S. 154; Sept. Sp. Sess. P.A. 20-2, S. 2; P.A. 21-37, S. 51, 52; P.A. 23-79, S. 45; 23-166, S. 7; P.A. 24-76, S. 24; 24-115, S. 8.) History: P.A. 19-3 effective May 9, 2019; P.A. 19-117 amended Subsec. (n) to delete references to adoption of regulations pursuant to Ch. 54 and add reference to Subsec. (i)(1), effective June 26, 2019; Sept. Sp. Sess. P.A. 20-2 amended Subsec. (c) to increase application fee from $50 to $75 and increase licensing fee from $250 to $375, amended Subdiv. (d) to delete “hemp or hemp products” and replace “biennially” with “triennially”, amended Subsec. (f)(2) to delete “business” re entity, amended Subdiv. (i) to change provisions re hemp or hemp products containing THC concentration of more than 0.3 per cent with provisions re cannabis exceeding prescribed THC concentration in Subdiv. (1), replace provision re presence of authorized representative with provision re manner prescribed by commissioner in Subdiv. (1)(B), and add “of raw hemp plant material” in Subdiv. (2), amended Subsec. (j) to replace “person” with “manufacturer or manufacturer's authorized designee”, amended Subsecs. (k) and (l) to delete “or hemp product”, amended Subsec. (m)(2) to replace provision re presence of authorized representative with provision re manner prescribed by commissioner, amended Subsec. (r) to add provision re storage and disposal procedures for hemp, marijuana and manufacturer hemp projects that fail testing standards, added Subsecs. (u) and (v) re when license not required for person who sells manufacturer hemp products and substances in manufacturer hemp products, deleted references re other accredited testing laboratory, replaced references re consumable with references re manufacturer hemp product, and made technical and conforming changes, effective October 31, 2020; P.A. 21-37 amended Subsec. (g) to replace provision re licensee of palliative marijuana with provision re persons licensed pursuant to Sec. 21a-408i and amended Subsec. (k) to add “located in this state” re laboratories, effective July 1, 2021; P.A. 23-79 amended Subsec. (k) by adding “by a manufacturer” and replaced existing provisions re sample testing with provisions re testing in accordance with standards established pursuant to Sec. 21a-421j, substantially amended Subsec. (n) including provisions re samples that do not pass laboratory testing standards by establishing requirements re retesting, reanalysis and remediation, amended Subsec. (q) by adding provisions re policies, procedures and regulations adopted pursuant to Sec. 21a-421j, amended Subsec. (s) by adding provisions re jurisdiction in which manufacturer hemp products were manufactured and substituting reference to Sec. 42-110b(a) for reference to Ch. 735a, amended Subsec. (u) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1) to (3) as Subdiv. (1)(A) to (C), substituting “and” for “or” before designator (C) in Subdiv. (1) and adding Subdiv. (2) re summary suspension of credential, added new Subsec. (v) re synthetic cannabinoids, added Subsec. (w) re packaging, presentation and advertisement of manufacturer hemp products, Subsec. (x) re packaging and labeling of manufacturer hemp products intended for human consumption, Subsec. (y) re packaging and labeling of manufacturer hemp product that is topical, soap or cosmetic, Subsec. (z) re unfair or deceptive trade practice and Subsec. (aa) re training bulletin, redesignated existing Subsec. (v) as Subsec. (bb) and amended same by deleting former Subdiv. (1) and redesignating existing Subdivs. (2) and (3) as Subdivs. (1) and (2), and made technical and conforming changes in Subsecs. (l), (m), (t) and (bb), effective July 1, 2023; P.A. 23-166 changed effective date of P.A. 23-79, S. 45, from July 1, 2023, to October 1, 2023; P.A. 24-76 amended Subsec. (a) by adding provision re persons licensed in other states, amended Subsec. (e) by increasing maximum fine from $2,500 to $5,000, amended Subsec. (f) by increasing fine in Subdiv. (1) from $250 to $10,000 and maximum fine in Subdiv. (2) from $2,500 to $5,000, amended Subsec. (u)(2) by substituting references to section and to Chs. 214c, 228d, 420f and 420h for references to Subdiv. (1) and Subsecs. (v) to (y), deleted former Subsec. (z) re penalty for violation of Subsecs. (u) to (y), redesignated existing Subsecs. (aa) and (bb) as Subsecs. (z) and (aa), amended redesignated Subsec. (z) by specifying that training bulletin shall be published annually and added new Subsec. (bb) re shipment or transportation through the state of hemp lawfully produced under federal law, effective July 1, 2024; P.A. 24-115 added Subsec. (cc), codified by the Revisors as Subsec. (bb), re shipment or transportation through the state of hemp lawfully produced under federal law, effective June 4, 2024.