Rep. MCCRAVY proposes the following amendment (LC-3924.SA0022H):

Amend the bill, as and if amended, SECTION 39, by adding:

 Section 61-14-370. (A) It is unlawful for a person to manufacture, distribute, sell, offer for sale, hold for sale, or possess with intent to sell in this State any consumable hemp gelatin chewable or gummy that contains a characterizing flavor other than the natural flavor of unflavored hemp or cannabis plant material.
 (B) For purposes of this section, "characterizing flavor" means a distinguishable taste or aroma, other than the natural taste or aroma of unflavored hemp or cannabis, imparted by any artificial flavor, natural flavor, fruit, menthol, mint, sweetener, cooling agent, spice, herb, or other ingredient or additive, including but not limited to flavors or aromas described as fruit, candy, dessert, beverage, vanilla, chocolate, honey, tropical, berry, citrus, grape, apple, peach, watermelon, cherry, blue raspberry, or similar terms.
 (C) In determining whether a product has a characterizing flavor, the court or enforcing agency may consider all relevant evidence, including:
  (1) the product's ingredients or additives;
  (2) the labeling, advertising, or marketing of the product;
  (3) any statement, image, vignette, color scheme, fruit depiction, candy depiction, or other representation on the package or in advertising;
  (4) the odor, taste, or sensory effects of the product; and
  (5) laboratory testing or other competent evidence.
 (D) A product is presumed to have a characterizing flavor if the product or its package, labeling, or advertising uses:
  (1) a flavor name;
  (2) the name or image of a fruit, candy, dessert, soft drink, juice, or other sweet food or beverage;
  (3) terms such as "sweet," "sour," "cool," "ice," "mint," "berry," "tropical," "citrus," "grape," "cherry," or similar flavor descriptors; or
  (4) any nonverbal representation that would cause a reasonable person to believe the product has a flavor other than the natural flavor of unflavored hemp or cannabis.
 (E) A person may not package, label, or advertise a hemp cannabinoid product in a manner that is attractive to minors or likely to be confused with commercially available candy, snacks, desserts, or beverages.
 (F) Any product sold in violation of this section is deemed contraband and may be seized and destroyed.
 (G) A violation of this section is a misdemeanor and, upon conviction, the offender must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both. Each package or unit constitutes a separate offense.
 (H) SLED may promulgate regulations, conduct testing, and issue stop-sale, recall, embargo, and destruction orders to enforce this section.

Renumber sections to conform.

Amend title to conform.