Senate Bill 25-076 Introduced

A Bill for an Act

• Page 1, Line 101Concerning businesses, and, in connection therewith,

• Page 1, Line 102requiring certain regulatory agencies to prioritize

• Page 1, Line 103the public health; adding labeling requirements for

• Page 1, Line 104marijuana and natural medicine; requiring the

• Page 1, Line 105marijuana enforcement division to seek the assistance

• Page 1, Line 106of the department of public health and environment

• Page 1, Line 107when adopting certain rules; setting limits on the

• Page 1, Line 108serving size and packaging size of inhaled marijuana;

• Page 1, Line 109limiting the marijuana products that can be sold to an

• Page 1, Line 110individual who is twenty-five years of age or younger;

• Page 1, Line 111requiring rules to set labeling requirements for

• Page 1, Line 112natural medicine; requiring rules to set standards for

• Page 1, Line 113collecting and reporting data about adverse medical

• Page 2, Line 101or behavioral reactions to natural medicine;

• Page 2, Line 102establishing certain prohibitions on how natural

• Page 2, Line 103medicine can be manufactured, distributed, or

• Page 2, Line 104transferred; and expanding the social equity program.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill requires the marijuana enforcement division, the natural medicine division, and the department of public health and environment (department), when regulating marijuana and marijuana products and hemp and hemp products and psilocybin, psilocin, and possibly dimethyltryptamine, ibogaine, and mescaline (natural medicine), to prioritize the public health over private interests in exercising regulatory authority and develop measures designed to prevent these agencies or an agent or employee of these agencies from becoming unduly influenced by licensees or registrants.

Current law requires the marijuana enforcement division to adopt rules governing labeling of regulated marijuana and regulated marijuana products. The bill requires the labeling of regulated marijuana and regulated marijuana products to include the amount of total THC per package and a solid color strip on the face of the packaging that indicates THC potency of marijuana or a marijuana product by showing the corresponding color as follows:

• If the THC potency is less than 5%, the color strip is blue;
• If the THC potency is at least 5% but less than 15%, the color strip is yellow;
• If the THC potency is at least 15% but less than 50%, the color strip is orange; or
• If the THC potency is at least 50%, the color strip is red.
• The amount of THC per serving;
• The amount of THC per package;
• The number of servings per package; and
• Directions for consumption of a serving.
• Retail marijuana that has a THC potency that is higher than 10%; or
• Inhaled retail marijuana that contains an added flavor ingredient.
• Requirements that labeling of natural medicine or a natural medicine product includes a universal symbol indicating the package contains natural medicine; and
• Requirements and standards for collecting and reporting data about adverse medical or behavioral reactions to natural medicine or natural medicine products.
• Is a candy product, gummy, chocolate, or other confection;
• Contains a concentrated form of a natural medicine or natural medicine product;
• Is consumed by or administered by a means other than oral ingestion; or
• Contains an added flavor or sweetener.

A marijuana store must post, at all times and at every point of sale, a sign that explains the meaning of the color strips.

Inhaled marijuana is required to have the following labeling:

Current law authorizes the marijuana enforcement division to seek the assistance of the department when adopting certain rules. The bill requires the marijuana enforcement division to seek this assistance.

Current law limits the standard serving size of edible marijuana products to 10 milligrams. The bill adds inhaled marijuana and requires that its serving size is limited to 10 milligrams and the package weight to 500 milligrams.

The bill forbids a retail marijuana store, a retail marijuana transporter, a marijuana hospitality business, a retail marijuana accelerator store, and a retail marijuana hospitality and sales business from selling, distributing, permitting the sale of, or offering to sell or distribute the following to an individual who is 25 years of age or younger:

The natural medicine division is required to adopt rules that include:

A natural medicine license holder is prohibited from manufacturing, distributing, or transferring natural medicine or a natural medicine product that:

Current law creates a social equity program that gives loans, grants, and technical assistance to disadvantaged persons by helping an approved applicant to obtain a marijuana license and start a marijuana business. The funding comes from the marijuana tax cash fund. The bill expands this program to include a person who wants to start any type of business.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 44-10-103, add (13.5), (13.6), (21.5), (21.6), (55.5), (70), and (71) as follows:

• Page 4, Line 144-10-103.  Definitions - rules. As used in this article 10, unless the context otherwise requires:

• Page 4, Line 2(13.5)  "Edible regulated marijuana product" means

• Page 4, Line 3regulated marijuana that is intended for oral consumption and is:

• Page 4, Line 4(a)  Food or drink infused with regulated marijuana;

• Page 4, Line 5(b)  Regulated marijuana concentrate that is intended to be consumed orally;

• Page 4, Line 6(c)  In pill or capsule form; or

• (d)  A tincture.

• Page 4, Line 7(13.6)  "Edible retail marijuana product" means retail marijuana that is intended for oral consumption and is:

• Page 4, Line 8(a)  Food or drink infused with retail marijuana;

• Page 4, Line 9(b)  Retail marijuana concentrate that is intended to be consumed orally;

• Page 4, Line 10(c)  In pill or capsule form; or

• (d)  A tincture.

• Page 4, Line 11(21.5)  "Inhaled regulated marijuana" means regulated marijuana that has an intended use as an inhaled product and is:

• Page 4, Line 12(a)  A flower, shake, or trim;

• (b)  Prerolled marijuana or infused prerolled marijuana;

• Page 4, Line 13(c)  Solvent-based regulated marijuana concentrate;

• Page 4, Line 14(d)  Physical-separation-based regulated marijuana concentrate;

• Page 4, Line 15(e)  Heat- or pressure-based regulated marijuana

• Page 4, Line 16concentrate;

• (f)  Delivered by a vaporizer device; or

• Page 5, Line 1(g)  Delivered by a pressurized metered-dose inhaler.

• Page 5, Line 2(21.6)  "Inhaled retail marijuana" means retail marijuana that has an intended use as an inhaled product, including:

• Page 5, Line 3(a)  A flower, shake, or trim;

• (b)  Prerolled marijuana or infused prerolled marijuana;

• Page 5, Line 4(c)  Solvent-based retail marijuana concentrate;

• Page 5, Line 5(d)  Physical-separation-based retail marijuana concentrate;

• Page 5, Line 6(e)  Heat- or pressure-based retail marijuana concentrate;

• (f)  Delivered by a vaporizer device; or

• Page 5, Line 7(g)  Delivered by a pressurized metered-dose inhaler.

• Page 5, Line 8(55.5)  "Regulated marijuana store" means a medical

• Page 5, Line 9marijuana store, a retail marijuana store, or an accelerator store.

• Page 5, Line 10(70)  "THC potency" means:

• Page 5, Line 11(a)  For regulated marijuana, regulated marijuana

• Page 5, Line 12concentrate, and inhaled regulated marijuana, not including

• Page 5, Line 13edible regulated marijuana products, the level of

• Page 5, Line 14concentration of total THC by percentage within the regulated

• Page 5, Line 15marijuana, regulated marijuana concentrate, or inhaled regulated marijuana; or

• Page 5, Line 16(b)  For edible regulated marijuana products, the total

• Page 5, Line 17number of milligrams of total THC contained within a single edible regulated marijuana product unit for sale.

• Page 5, Line 18(71)  "Total THC" means the sum of the weight in

• Page 5, Line 19milligrams of each intoxicating cannabinoid described in section 44-10-209 (3)(d)(I) and tetrahydrocannabinolic acid.

• Page 6, Line 1SECTION 2.  In Colorado Revised Statutes, 44-10-202, amend (1)(f) and (1)(g); and add (1)(i) as follows:

• Page 6, Line 244-10-202.  Powers and duties of state licensing authority -

• Page 6, Line 3stakeholder work group - rules - report - legislative declaration.(1)  Powers and duties. The state licensing authority shall:

• Page 6, Line 4(f)  Prepare and transmit annually, in the form and manner

• Page 6, Line 5prescribed by the heads of the principal departments pursuant to section

• Page 6, Line 624-1-136, a report accounting to the governor for the efficient discharge

• Page 6, Line 7of all responsibilities assigned by law or directive to the state licensing authority; and

• Page 6, Line 8(g)  Collect and maintain data related to licensing disqualifications

• Page 6, Line 9and all sanctions based on past criminal history pursuant to the requirements in section 24-34-104 (6)(b)(IX) 24-34-104 (6)(b)(XIII); and

• Page 6, Line 10(i) (I)  Prioritize the public health over private interests in exercising the authority granted in this article 10; and

• Page 6, Line 11(II)  Develop measures designed to prevent the state

• Page 6, Line 12licensing authority or an agent or employee of the state

• Page 6, Line 13licensing authority from becoming unduly influenced by licensees.

• Page 6, Line 14SECTION 3.  In Colorado Revised Statutes, 44-10-203, amend

• Page 6, Line 15(2) introductory portion, (2)(f)(II), (2)(f)(III), (2)(f)(IV), (3) introductory portion, and (3)(d); and add (2)(f)(V), (2)(f.1), and (2)(f.2) as follows:

• Page 6, Line 1644-10-203.  State licensing authority - rules. (2)  Mandatory

• Page 6, Line 17rule-making. Rules promulgated adopted pursuant to section 44-10-202 (1)(c) must include the following subjects:

• Page 6, Line 18(f)  Labeling requirements for regulated marijuana and regulated

• Page 7, Line 1marijuana products sold by a medical marijuana business or retail

• Page 7, Line 2marijuana business that are at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but are not limited to:

• Page 7, Line 3(II)  The amount of total THC per serving, and the amount of

• Page 7, Line 4total THC per package, the number of servings per package, for regulated marijuana products and the THC potency;

• Page 7, Line 5(III)  A universal symbol indicating that the package contains marijuana; and

• Page 7, Line 6(IV)  Potency of the regulated marijuana and regulated marijuana products; and

• Page 7, Line 7(V)  A solid color strip that is visible on the face of the

• Page 7, Line 8packaging and is at least one-half inch wide and one inch long.

• Page 7, Line 9The color strip must show the THC potency of the regulated

• Page 7, Line 10marijuana or regulated marijuana product and indicate the THC potency range by showing the corresponding color as follows:

• Page 7, Line 11(A)  If the THC potency of the regulated marijuana or

• Page 7, Line 12regulated marijuana product is less than five percent, the color strip is blue;

• Page 7, Line 13(B)  If the THC potency of the regulated marijuana or

• Page 7, Line 14regulated marijuana product is at least five percent but less than fifteen percent, the color strip is yellow;

• Page 7, Line 15(C)  If the THC potency of the regulated marijuana or

• Page 7, Line 16regulated marijuana product is at least fifteen percent but less than fifty percent, the color strip is orange; or

• Page 7, Line 17(D)  If the THC potency of the regulated marijuana or

• Page 7, Line 18regulated marijuana product is at least fifty percent, the color

• Page 7, Line 19strip is red;

• Page 8, Line 1(f.1)  A requirement that a regulated marijuana store

• Page 8, Line 2post, at all times and in a prominent place at every point of sale,

• Page 8, Line 3a sign that explains the meaning of the color strips described in subsection (2)(f)(V) of this section;

• Page 8, Line 4(f.2)  Additional labeling requirements for inhaled retail marijuana that include:

• Page 8, Line 5(I)  The amount of total THC per serving;

• (II)  The amount of total THC per package;

• Page 8, Line 6(III)  The number of servings per package, with each serving

• Page 8, Line 7containing no more than ten milligrams of total THC as required in subsection (3)(d) of this section;

• Page 8, Line 8(IV)  The THC potency; and

• Page 8, Line 9(V)  Directions for consumption of a serving, so that a

• Page 8, Line 10consumer does not unknowingly ingest more than ten milligrams of total THC per serving;

• Page 8, Line 11(3)  In promulgating adopting rules pursuant to this section, the

• Page 8, Line 12state licensing authority may shall seek the assistance of the department

• Page 8, Line 13of public health and environment when necessary before promulgating adopting rules on the following subjects:

• Page 8, Line 14(d)  A standardized marijuana serving size amount for edible retail

• Page 8, Line 15marijuana products and inhaled retail marijuana that does not

• Page 8, Line 16contain more than ten milligrams of active THC, designed only to provide

• Page 8, Line 17consumers with information about the total number of servings of active

• Page 8, Line 18THC in a particular retail marijuana product, not as a limitation on the

• Page 8, Line 19total amount of THC in any particular item; total THC, labeling

• Page 8, Line 20requirements regarding servings for edible retail marijuana products and

• Page 8, Line 21inhaled retail marijuana, and limitations on packaging as follows:

• Page 9, Line 1(I)  For edible retail marijuana products, the total amount of

• Page 9, Line 2active THC in a sealed internal package that THC is no more than one

• Page 9, Line 3hundred milligrams of active THC total THC in a sealed internal package; and

• Page 9, Line 4(II)  For inhaled retail marijuana, the net weight, not

• Page 9, Line 5including packaging, of the inhaled retail marijuana is no more than five hundred milligrams.

• Page 9, Line 6SECTION 4.  In Colorado Revised Statutes, 44-10-601, add (18) as follows:

• Page 9, Line 744-10-601.  Retail marijuana store license - rules - definitions.

• Page 9, Line 8(18)  A retail marijuana store or retail marijuana accelerator

• Page 9, Line 9store shall not sell, distribute, permit the sale of, or offer to

• Page 9, Line 10sell or distribute the following to an individual who is twenty-five years of age or younger:

• Page 9, Line 11(a)  Retail marijuana that has a THC potency of higher than ten percent; or

• Page 9, Line 12(b)  Inhaled retail marijuana that contains an added flavor ingredient, including terpenes.

• Page 9, Line 13SECTION 5.  In Colorado Revised Statutes, 44-10-605, add (6) as follows:

• Page 9, Line 1444-10-605.  Retail marijuana transporter license - definition.

• Page 9, Line 15(6)  A retail marijuana transporter licensee shall not sell,

• Page 9, Line 16distribute, permit the sale of, or offer to sell or distribute the

• Page 9, Line 17following to an individual who is twenty-five years of age or younger:

• Page 9, Line 18(a)  Retail marijuana that has a THC potency of higher

• Page 9, Line 19than ten percent; or

• Page 10, Line 1(b)  Inhaled retail marijuana that contains an added flavor ingredient, including terpenes.

• Page 10, Line 2SECTION 6.  In Colorado Revised Statutes, 44-10-609, add (5) as follows:

• Page 10, Line 344-10-609.  Marijuana hospitality business license. (5)  A

• Page 10, Line 4marijuana hospitality business shall not sell, distribute, permit

• Page 10, Line 5the sale of, or offer to sell or distribute the following to an individual who is twenty-five years of age or younger:

• Page 10, Line 6(a)  Retail marijuana that has a THC potency of higher than ten percent; or

• Page 10, Line 7(b)  Inhaled retail marijuana that contains an added flavor ingredient, including terpenes.

• Page 10, Line 8SECTION 7.  In Colorado Revised Statutes, 44-10-610, add (6) as follows:

• Page 10, Line 944-10-610.  Retail marijuana hospitality and sales business

• Page 10, Line 10license. (6)  A retail marijuana hospitality and sales business

• Page 10, Line 11shall not sell, distribute, permit the sale of, or offer to sell or

• Page 10, Line 12distribute the following to an individual who is twenty-five years of age or younger:

• Page 10, Line 13(a)  Retail marijuana that has a THC potency of higher than ten percent; or

• Page 10, Line 14(b)  Inhaled retail marijuana that contains an added flavor ingredient, including terpenes.

• Page 10, Line 15SECTION 8.  In Colorado Revised Statutes, 44-50-202, amend (1)(h); and add (1)(i) as follows:

• Page 10, Line 1644-50-202.  Powers and duties of state licensing authority -

• Page 10, Line 17report - rules. (1)  The state licensing authority shall:

• Page 11, Line 1(h)  Develop and promote accurate public education campaigns

• Page 11, Line 2related to the use of natural medicine or natural medicine product,

• Page 11, Line 3including public service announcements, educational materials, and

• Page 11, Line 4appropriate crisis response materials, and develop and promote training

• Page 11, Line 5materials for first responders and multiresponders, including law

• Page 11, Line 6enforcement, emergency medical providers, social services providers, and fire fighters; and

• Page 11, Line 7(i) (I)  Prioritize the public health over private interests in exercising authority over natural medicine; and

• Page 11, Line 8(II)  Develop measures designed to prevent the state

• Page 11, Line 9licensing authority or an agent or employee of the state

• Page 11, Line 10licensing authority from becoming unduly influenced by licensees.

• Page 11, Line 11SECTION 9.  In Colorado Revised Statutes, 44-50-203, amend (1) introductory portion; and add (1)(o) and (1)(p) as follows:

• Page 11, Line 1244-50-203.  State licensing authority - rules. (1)  Mandatory

• Page 11, Line 13rule-making. Rules promulgated adopted pursuant to section 44-50-202 (1)(b) must include the following subjects:

• Page 11, Line 14(o)  Requirements that labeling for natural medicine or

• Page 11, Line 15natural medicine products includes a universal symbol indicating the package contains natural medicine; and

• Page 11, Line 16(p)  Requirements and standards for collecting and

• Page 11, Line 17reporting data to the state licensing authority about adverse

• Page 11, Line 18medical or behavioral reactions to natural medicine or natural medicine products.

• Page 11, Line 19SECTION 10.  In Colorado Revised Statutes, 44-50-501, add (2)

• Page 11, Line 20as follows:

• Page 12, Line 144-50-501.  Unlawful acts. (2)  A licensee shall not

• Page 12, Line 2manufacture, distribute, or transfer natural medicine or a natural medicine product that:

• Page 12, Line 3(a)  Is a candy product, gummy, chocolate, or other confection;

• Page 12, Line 4(b)  Contains a concentrated form of a natural medicine or natural medicine product;

• Page 12, Line 5(c)  Is consumed by or administered by a means other than oral ingestion; or

• Page 12, Line 6(d)  Contains an added flavor or sweetener.

• Page 12, Line 7SECTION 11.  In Colorado Revised Statutes, 25-5-427, add (11) as follows:

• Page 12, Line 825-5-427.  Classes of hemp-derived compounds and

• Page 12, Line 9cannabinoids - definitions - registration required - prohibitions - safe

• Page 12, Line 10harbor - rules - repeal. (11)  Public interest and indue influence.The department shall:

• Page 12, Line 11(a)  Prioritize the public health over private interests in exercising authority over hemp products; and

• Page 12, Line 12(b)  Develop measures designed to prevent the department

• Page 12, Line 13or an agent or employee of the department from becoming unduly influenced by registrants.

• Page 12, Line 14SECTION 12.  In Colorado Revised Statutes, 24-48.5-128,

• Page 12, Line 15amend (1)(a) introductory portion, (2)(c), (3)(a), (3)(b)(I), (3)(c)(I), and (4) as follows:

• Page 12, Line 1624-48.5-128.  Program - entrepreneurs - social equity designees

• Page 12, Line 17- report - entrepreneur fund - creation - legislative declaration -

• Page 12, Line 18definitions. (1)  Legislative declaration. (a)  The general assembly finds that, with respect to the marijuana industry:

• Page 13, Line 1(2)  Definitions. As used in this section, unless the context otherwise requires:

• Page 13, Line 2(c)  "Social equity licensee" has the same meaning as set forth in section 44-10-103 (68.5) designee" means either:

• Page 13, Line 3(I)  A social equity licensee as defined in section 44-10-103 (68.5) for the purposes of article 10 of title 44; or

• Page 13, Line 4(II)  An individual who is a Colorado resident and who has demonstrated at least one of the following:

• Page 13, Line 5(A)  The individual has resided for at least fifteen years

• Page 13, Line 6in a census tract designated by the office as an opportunity zone

• Page 13, Line 7or designated as a disproportionate impacted area, as defined by rule pursuant to section 44-10-203 (1)(j); or

• Page 13, Line 8(B)  The individual's household income in the year prior to

• Page 13, Line 9application did not exceed fifty percent of the state median

• Page 13, Line 10income, as measured by the number of people who reside in the individual's household.

• Page 13, Line 11(3)  Loans, grants, and technical assistance. (a)  There is created

• Page 13, Line 12within the office a program to support entrepreneurs in the marijuana

• Page 13, Line 13industry who are social equity designees. The office shall use the

• Page 13, Line 14money specified in subsection (4) of this section for the following purposes, including any related administrative expenses:

• Page 13, Line 15(I)  Loans to social equity licensees designees for seed capital and

• Page 13, Line 16ongoing business expenses, which include but are not limited to rent,

• Page 13, Line 17leases, local and state application and licensing fees, regulatory

• Page 13, Line 18adherence, testing of marijuana, equipment, capital improvements, and

• Page 13, Line 19training and retention of a qualified and diverse workforce;

• (II)  Grants to:

• Page 14, Line 1(A)  Social equity licensees designees to support innovation and job creation; and

• Page 14, Line 2(B)  Organizations that support marijuana businesses to be used to support innovation and job creation of social equity licensees designees;

• Page 14, Line 3(III)  Technical assistance for marijuana business owners, which

• Page 14, Line 4consists of assisting with business plan development, providing

• Page 14, Line 5consulting services, and supporting existing public or private technical

• Page 14, Line 6assistance programs. In providing the technical assistance, the office or

• Page 14, Line 7a technical assistance program provider shall prioritize social equity

• Page 14, Line 8licensees designees who have been awarded a loan or grant in accordance with subsection (3)(a)(I) or (3)(a)(II) of this section.

• Page 14, Line 9(b) (I)  The office shall establish a process for social equity

• Page 14, Line 10licensees designees and organizations to apply for a loan or grant under

• Page 14, Line 11the program, including application deadlines, the information and

• Page 14, Line 12documentation required to be submitted to the office to demonstrate

• Page 14, Line 13eligibility for a loan or a grant, and any other requirements determined by the director of the office to be necessary.

• Page 14, Line 14(c)  The office, in consultation with other relevant state agencies,

• Page 14, Line 15industry experts, and other stakeholders, shall establish policies setting forth the parameters and eligibility for the program, including:

• Page 14, Line 16(I)  The terms of and eligibility for a loan or grant, in addition to qualifying as a social equity licensee designee;

• Page 14, Line 17(4)  Funding. (a)  The marijuana entrepreneur fund is hereby

• Page 14, Line 18created in the state treasury. The fund consists of money transferred or

• Page 14, Line 19appropriated to the fund in accordance with subsection (4)(b) of this

• Page 14, Line 20section. The state treasurer shall credit all interest and income derived

• Page 15, Line 1from the deposit and investment of money in the marijuana entrepreneur

• Page 15, Line 2fund to the fund. Money in the fund is continuously appropriated to the office for the office to use for the program as set forth in this section.

• Page 15, Line 3(b)  On March 21, 2021, the state treasurer shall transfer four

• Page 15, Line 4million dollars from the marijuana tax cash fund created in section

• Page 15, Line 539-28.8-501 (1) to the marijuana entrepreneur fund created in subsection

• Page 15, Line 6(4)(a) of this section. For fiscal years commencing on or after July 1,

• Page 15, Line 72022, The general assembly may appropriate money from the marijuana tax cash fund to the marijuana entrepreneur fund.

• Page 15, Line 8SECTION 13.  In Colorado Revised Statutes, 39-28.8-501, amend (2)(b)(IV)(S) as follows:

• Page 15, Line 939-28.8-501.  Marijuana tax cash fund - creation - distribution

• Page 15, Line 10- legislative declaration - repeal. (2) (b) (IV)  Subject to the limitation

• Page 15, Line 11in subsection (5) of this section, the general assembly may annually appropriate any money in the fund for the following purposes:

• Page 15, Line 12(S)  For the program to support entrepreneurs in the marijuana industry created in section 24-48.5-128 (3);

• Page 15, Line 13SECTION 14.  Act subject to petition - effective date -

• Page 15, Line 14applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 15, Line 15the expiration of the ninety-day period after final adjournment of the

• Page 15, Line 16general assembly; except that, if a referendum petition is filed pursuant

• Page 15, Line 17to section 1 (3) of article V of the state constitution against this act or an

• Page 15, Line 18item, section, or part of this act within such period, then the act, item,

• Page 15, Line 19section, or part will not take effect unless approved by the people at the

• Page 15, Line 20general election to be held in November 2026 and, in such case, will take

• Page 15, Line 21effect on the date of the official declaration of the vote thereon by the

• Page 15, Line 22governor.

• Page 16, Line 1(2)  This act applies to products manufactured, distributed, sold,

• Page 16, Line 2delivered, permitted to be sold, or offered for sale or distribution on or after the applicable effective date of this act.