(410 ILCS 130/80)
(Section scheduled to be repealed on July 1, 2020)
Preparation of cannabis infused products.
(a) Notwithstanding any other provision of law, neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of food by a registered cultivation center or registered dispensing organization provided that all of the following conditions are met:
(1) No cannabis infused products requiring
refrigeration or hot-holding shall be manufactured at a cultivation center for sale or distribution at a dispensing organization due to the potential for food-borne illness.
(2) Baked products infused with medical cannabis
(such as brownies, bars, cookies, cakes), tinctures, and other non-refrigerated items are acceptable for sale at dispensing organizations. The products are allowable for sale only at registered dispensing organizations.
(3) All items shall be individually wrapped at the
original point of preparation. The packaging of the medical cannabis infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and shall include the following information on each product offered for sale or distribution:
(A) the name and address of the registered
cultivation center where the item was manufactured;
(B) the common or usual name of the item;
(C) all ingredients of the item, including any
colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names;
(D) the following phrase: "This product was
produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens.";
(E) allergen labeling as specified in the Federal
Food, Drug and Cosmetics Act, Federal Fair Packaging and Labeling Act, and the Illinois Food, Drug and Cosmetic Act;
(F) the pre-mixed total weight (in ounces or
grams) of usable cannabis in the package;
(G) a warning that the item is a medical cannabis
infused product and not a food must be distinctly and clearly legible on the front of the package;
(H) a clearly legible warning emphasizing that
the product contains medical cannabis and is intended for consumption by registered qualifying patients only; and
(I) date of manufacture and "use by date".
(4) Any dispensing organization that sells edible
cannabis infused products must display a placard that states the following: "Edible cannabis infused products were produced in a kitchen not subject to public health inspections that may also process common food allergens." The placard shall be no smaller than 24" tall by 36" wide, with typed letters no smaller than 2". The placard shall be clearly visible and readable by customers and shall be written in English.
(5) Cannabis infused products for sale or
distribution at a dispensing organization must be prepared by an approved staff member of a registered cultivation center.
(6) A cultivation center that prepares cannabis
infused products for sale or distribution at a dispensing organization shall be under the operational supervision of a Department of Public Health certified food service sanitation manager.
(b) The Department of Public Health shall adopt rules for the manufacture of medical cannabis-infused products and shall enforce these provisions, and for that purpose it may at all times enter every building, room, basement, enclosure, or premises occupied or used or suspected of being occupied or used for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of medical cannabis edible products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.
(c) If a local health organization has a reasonable belief that a cultivation center's cannabis-infused product poses a public health hazard, it may refer the cultivation center to the Department of Public Health. If the Department of Public Health finds that a cannabis-infused product poses a health hazard, it may without administrative procedure to bond, bring an action for immediate injunctive relief to require that action be taken as the court may deem necessary to meet the hazard of the cultivation center.
(Source: P.A. 98-122, eff. 1-1-14