Sec. 21a-425. Definitions. For the purposes of this section, sections 21a-425a, 21a-425b, 21a-425e and 21a-425f:
(1) “Alcoholic beverage” has the same meaning as provided in section 30-1;
(2) “Cannabis” means marijuana, as defined in section 21a-240;
(3) “Cannabis establishment” has the same meaning as provided in section 21a-420;
(4) “Cannabis product” has the same meaning as provided in section 21a-420;
(5) “Cannabis testing laboratory” has the same meaning as provided in section 21a-408;
(6) “Commissioner” means the Commissioner of Consumer Protection;
(7) “Consumer” has the same meaning as provided in section 21a-420;
(8) “Container” (A) means an object that is offered, intended for sale or sold to a consumer and directly contains an infused beverage or high-THC beverage, and (B) does not include an object or packaging that indirectly contains, or contains in bulk for transportation purposes, an infused beverage or high-THC beverage;
(9) “Cultivator” has the same meaning as provided in section 21a-420;
(10) “Department” means the Department of Consumer Protection;
(11) “Dispensary facility” has the same meaning as provided in section 21a-420;
(12) “Food and beverage manufacturer” has the same meaning as provided in section 21a-420;
(13) “Hemp” has the same meaning as provided in section 22-61l;
(14) “Hemp producer” means producer, as defined in section 22-61l;
(15) “Hemp products” has the same meaning as provided in section 22-61l;
(16) “High-THC beverage” means a beverage that (A) is not an alcoholic beverage, (B) is intended for human consumption, (C) contains, or is advertised, labeled or offered for sale as containing, total THC that is greater than three milligrams per container, and (D) contains THC solely derived from hemp (i) grown by a United States Department of Agriculture hemp producer licensee under an approved state or tribal hemp production plan, and (ii) with a total THC concentration of not more than three-tenths per cent on a dry-weight basis or by volume, as applicable;
(17) “Hybrid retailer” has the same meaning as provided in section 21a-420;
(18) “Infused beverage” means a beverage that (A) is not an alcoholic beverage, (B) is intended for human consumption, and (C) contains, or is advertised, labeled or offered for sale as containing, total THC that is not greater than three milligrams per container;
(19) “Infused beverage manufacturer” means a person licensed by the Commissioner of Consumer Protection pursuant to section 21a-425a;
(20) “Infused beverage wholesaler” (A) means a person that has been issued an infused beverage wholesaler license under section 21a-425e, and (B) does not include the holder of a wholesaler permit or a wholesaler permit for beer issued under section 30-17;
(21) “Legacy infused beverage” means a beverage that (A) is not an alcoholic beverage, (B) is intended for human consumption, (C) contains, or is advertised, labeled or offered for sale as containing, THC, and (D) as of June 30, 2024, is in compliance with (i) the provisions of RERACA, and (ii) the policies and procedures issued by the Commissioner of Consumer Protection to implement, and any regulations adopted pursuant to, RERACA;
(22) “Micro-cultivator” has the same meaning as provided in section 21a-420;
(23) “Manufacturer hemp product” has the same meaning as provided in section 22-61l;
(24) “Person” has the same meaning as provided in section 21a-420;
(25) “Producer” has the same meaning as provided in section 21a-420;
(26) “Product manufacturer” has the same meaning as provided in section 21a-420;
(27) “RERACA” has the same meaning as provided in section 21a-420;
(28) “Retailer” has the same meaning as provided in section 21a-420;
(29) “THC” has the same meaning as provided in section 21a-240; and
(30) “Total THC” has the same meaning as provided in section 21a-240.
(P.A. 24-76, S. 26; P.A. 25-166, S. 36.)
History: P.A. 24-76 effective July 1, 2024; P.A. 25-166 added Subdiv. (1) defining “alcoholic beverage”, redesignated existing Subdivs. (1) to (14) as Subdivs. (2) to (15), amended redesignated Subdiv. (8) by redefining “container” to include references to high-THC beverage, added new Subdiv. (16) defining “high-THC beverage”, redesignated existing Subdivs. (15) to (17) as Subdivs. (17) to (19), added new Subdiv. (20) defining “infused beverage wholesaler”, redesignated existing Subdivs. (18) to (20) as Subdivs. (21) to (23), added new Subdiv. (24) defining “person”, redesignated existing Subdivs. (21) and (22) as Subdivs. (25) and (26), added Subdiv. (27) defining “RERACA”, redesignated existing Subdiv. (23) as Subdiv. (28), added Subdiv. (29) defining “THC”, redesignated existing Subdiv. (24) as Subdiv. (30), and made conforming changes in redesignated Subdivs. (18), (21) and (28).
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Sec. 21a-425a. Infused beverage manufacturers. License and licensed cannabis establishments. Manufacturing, testing, packaging, labeling, advertising and sales requirements. Report. Policies, procedures and regulations. Penalties. (a) Notwithstanding the provisions of sections 22-61m and 22-61n, and except as provided in subsection (c) of this section, no person shall, on or after October 1, 2024, manufacture any infused beverage that is intended to be sold or offered for sale in this state unless such person has received an infused beverage manufacturer license issued by the Commissioner of Consumer Protection pursuant to this section.
(b) A person seeking an infused beverage manufacturer license under this section shall submit to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, an application accompanied by an application fee in the amount of five thousand dollars. Each license issued pursuant to this section shall be valid for a period of one year, and shall be renewable for additional one-year periods upon submission of a renewal application in the manner, and payment of a renewal fee in the amount, set forth for an initial application under this subsection. All fees collected under this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a.
(c) (1) A cultivator, micro-cultivator, food and beverage manufacturer or product manufacturer, or a producer that has received expanded authorization to engage in the adult use cannabis market under the producer's license issued pursuant to section 21a-408i, may, beginning on October 1, 2024, manufacture infused beverages in this state that are intended to be sold or offered for sale in this state if such cultivator, micro-cultivator, food and beverage manufacturer, product manufacturer or producer submits to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, a written request to manufacture such infused beverages, and the commissioner approves such written request.
(2) A cultivator, micro-cultivator, food and beverage manufacturer, product manufacturer or producer that receives approval from the Commissioner of Consumer Protection under subdivision (1) of this subsection shall be subject to all provisions of this section, and all regulations, policies and procedures adopted or issued pursuant to subsection (k) of this section, applicable to infused beverage manufacturers, except no such cultivator, micro-cultivator, food and beverage manufacturer, product manufacturer or producer shall be subject to the provisions of subsections (a) and (b) of this section.
(d) (1) Beginning on October 1, 2024, no infused beverage manufacturer shall obtain any hemp product for the purpose of manufacturing any infused beverage that is intended to be sold or offered for sale in this state unless such hemp product is in the form of hemp oil, and no such infused beverage manufacturer shall use any hemp product other than hemp oil to manufacture any such infused beverage.
(2) Beginning on October 1, 2024, no infused beverage manufacturer shall obtain any hemp oil for the purpose of manufacturing any infused beverage that is intended to be sold or offered for sale in this state unless such hemp oil:
(A) Is derived from hemp;
(B) (i) Was extracted from hemp grown by (I) a hemp producer, as evidenced by a certificate of authenticity issued by the hemp producer, or (II) a licensed hemp grower regulated by a state, territory or federally recognized Indian tribe, and in accordance with a state or tribal plan approved by the United States Department of Agriculture, as evidenced by a certificate of authenticity issued by such licensed hemp grower, or (ii) was extracted (I) by a person who is actively credentialed by a state or federally recognized Indian tribe to extract hemp, and (II) in a facility that is credentialed by a state or federally recognized Indian tribe; and
(C) Was extracted from hemp by using (i) a Class 3 residual solvent within the meaning of the most recent United States Pharmacopeia, Chapter 467, as amended from time to time, (ii) a solvent generally recognized as safe pursuant to the Federal Food, Drug and Cosmetic Act, or (iii) a solvent approved by the Department of Consumer Protection and posted on the department's Internet web site.
(3) Beginning on October 1, 2024, each infused beverage manufacturer that manufactures any infused beverage that is intended to be sold or offered for sale in this state shall:
(A) Not manufacture any such infused beverage with total THC that exceeds three milligrams per container;
(B) Manufacture such infused beverage by using equipment that is exclusively used to manufacture an infused beverage or prepared in accordance with good manufacturing practices as set forth in 21 CFR Parts 110 and 111, as amended from time to time, as applicable; and
(C) Ensure that all hemp oil such infused beverage manufacturer possesses to manufacture such infused beverage is (i) stored in a secure, locked location separate from any cannabis, (ii) clearly and conspicuously labeled as hemp oil solely for use in manufacturing an infused beverage, and (iii) solely used for the purpose of manufacturing an infused beverage.
(e) (1) Beginning on October 1, 2024, no infused beverage that is sold or offered for sale in this state shall include (A) any additive that (i) is psychotropic, or (ii) could increase the potency, toxicity or addictive properties of the infused beverage, including, but not limited to, caffeine other than caffeine naturally occurring in chocolate, or (B) total THC that exceeds three milligrams per container.
(2) (A) Beginning on October 1, 2024, each lot of an infused beverage in final form shall be tested by a cannabis testing laboratory. A statistically significant number of samples shall be collected from such lot and submitted to the cannabis testing laboratory for final product testing in a manner approved by the Department of Consumer Protection. Such sampling and final product testing shall be conducted by using a representative sample of such lot and by collecting a minimum number of sample increments relative to the size of such lot.
(B) Beginning on October 1, 2024, no infused beverage shall be sold or offered for sale in this state unless the infused beverage meets (i) the laboratory testing standards for cannabis established in, and any regulations, policies and procedures adopted or issued pursuant to, section 21a-421j, or (ii) such other testing standards as may be approved by the Department of Consumer Protection and posted on the department's Internet web site.
(3) Beginning on October 1, 2024, no infused beverage sold or offered for sale in this state shall be packaged, labeled or advertised in any manner that is likely to mislead an individual by incorporating any statement, brand, design, representation, picture, illustration or other depiction that:
(A) Bears a reasonable resemblance to trademarked or characteristic packaging of (i) 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 (ii) a commercially available product other than a cannabis product; or
(B) Appeals to individuals who are younger than twenty-one years of age by, among other things, (i) making use of any spokesperson or celebrity who appeals to such individuals, (ii) depicting any individual who is younger than twenty-five years of age consuming cannabis or an infused beverage, (iii) including any object, such as a toy, character or cartoon character, which suggests the presence of any individual who is younger than twenty-one years of age, or (iv) making use of any other method that is designed to appeal to any individual who is younger than twenty-one years of age.
(4) Beginning on October 1, 2024, each infused beverage container sold or offered for sale in this state shall prominently display a symbol, in a size of not less than one-half inch by one-half inch and in a format approved by the Commissioner of Consumer Protection, that indicates that such infused beverage is not legal or safe for individuals younger than twenty-one years of age.
(f) (1) No infused beverage manufacturer shall sell an infused beverage to any person in this state other than (A) a dispensary facility, (B) a hybrid retailer, (C) a retailer, (D) the holder of a wholesaler permit or a wholesaler permit for beer issued under section 30-17, or (E) an infused beverage wholesaler.
(2) A dispensary facility, hybrid retailer or retailer, before selling an infused beverage to a consumer in this state, a wholesaler permittee under section 30-17, before selling an infused beverage to a package store permittee under subsection (b) of section 30-20, or an infused beverage wholesaler, before selling an infused beverage to a dispensary facility, hybrid retailer or retailer or a package store permittee under subsection (b) of section 30-20, shall, based on a representative sample of the infused beverage containers included in the shipment that includes such infused beverage, (A) verify that the infused beverages included in such shipment satisfy the requirements established in subdivision (3) of subsection (e) of this section and any regulations adopted, and policies and procedures issued, pursuant to subsection (k) of this section, and (B) for the purpose of preserving public health and safety, verify that the infused beverages included in such shipment were manufactured in accordance with requirements that are substantially similar to the requirements established in subsections (d) and (e) of this section and any regulations adopted, and policies and procedures issued, pursuant to subsection (k) of this section if such infused beverages were manufactured (i) in a facility located in, and regulated by, another state, and (ii) by a person who is regulated as a food or nonalcoholic beverage manufacturer.
(g) Beginning on October 1, 2024, no cannabis establishment or infused beverage manufacturer, or agent or employee of a cannabis establishment or infused beverage manufacturer, shall gift or transfer any infused beverage to a consumer, at no cost to the consumer, as part of a commercial transaction.
(h) Beginning on October 1, 2024, the Commissioner of Consumer Protection may request that an infused beverage manufacturer submit to the Department of Consumer Protection, in a form and manner prescribed by the commissioner, documentation sufficient to demonstrate that the infused beverage manufacturer is in compliance with the provisions of this section. The infused beverage manufacturer shall promptly provide such documentation to the department.
(i) Beginning on October 1, 2024, each infused beverage manufacturer shall be subject to the investigation and enforcement provisions set forth in section 21a-421p.
(j) Beginning on October 1, 2024, if the Commissioner of Consumer Protection determines, after consulting with the Attorney General, that the Agriculture Improvement Act of 2018, P.L. 115-334, as amended from time to time, has been amended in a manner that conflicts with any provision of this section, the commissioner shall prepare and submit a report, in coordination with the Attorney General and in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection. Such report shall, at a minimum, set forth the scope of such conflict and recommendations to resolve such conflict. The commissioner shall submit such report: (1) Not later than thirty days after the United States Department of Agriculture announces such amendment, if the General Assembly is in session; or (2) not later than sixty days after the United States Department of Agriculture announces such amendment, if the General Assembly is not in session.
(k) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, the commissioner shall, prior to adopting such regulations and in order to effectuate the provisions of this section, issue policies and procedures to implement the provisions of this section that shall have the force and effect of law. The commissioner shall post all policies and procedures on the Department of Consumer Protection's Internet web site, and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure. Any such policy or procedure shall no longer be effective upon the earlier of either the adoption of the policy or procedure as a final regulation under section 4-172 or forty-eight months from July 1, 2024, if such regulations have not been submitted to the legislative regulation review committee for consideration under section 4-170.
(l) Beginning on October 1, 2024, and following a hearing conducted in accordance with chapter 54, the Commissioner of Consumer Protection may impose an administrative civil penalty, not to exceed five thousand dollars per violation, and suspend, revoke or place conditions upon any infused beverage manufacturer that violates any provision of this section or any regulation adopted pursuant to subsection (k) of this section. All administrative civil penalties collected under this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a.
(m) Beginning on October 1, 2024, the Commissioner of Consumer Protection may, pursuant to section 4-182, summarily suspend any credential the commissioner or Department of Consumer Protection has issued to any person who violates any provision of this section.
(n) Any violation of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 24-76, S. 27; P.A. 25-166, S. 39.)
History: P.A. 24-76 effective July 1, 2024; P.A. 25-166 amended Subsec. (f) by adding Subdiv. (1)(E) re infused beverage wholesaler, adding reference to Sec. 30-17 and provisions re infused beverage wholesaler in Subdiv. (2) and making conforming changes.
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Sec. 21a-425e. Infused beverage wholesalers. License and exception. Sales, assessment, recordkeeping and disclosure requirements. Inspection and inventory. Fine. (a) The Department of Consumer Protection may issue or renew a license for a person to be an infused beverage wholesaler. No person, other than the holder of a wholesaler permit or a wholesaler permit for beer issued under section 30-17, may act as an infused beverage wholesaler or represent that such person is an infused beverage wholesaler unless such person has obtained an infused beverage wholesaler license from the department pursuant to this section. No infused beverage wholesaler shall distribute alcoholic liquor. A holder of a wholesaler permit or a wholesaler permit for beer issued under section 30-17 shall not be required to apply for or maintain an infused beverage wholesaler license in order to engage in the distribution of infused beverages as set forth in this section and this chapter.
(b) A person seeking an infused beverage wholesaler license under this section shall submit to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, a complete application. Each infused beverage wholesaler license issued pursuant to this section shall be valid for a period of one year, and shall be renewable for additional one-year periods upon submission of a renewal application in the manner set forth for an initial application under this subsection.
(c) The Department of Consumer Protection may issue an infused beverage wholesaler license to an applicant in accordance with subsection (b) of this section, provided (1) the owners of such applicant submit to, and provide to the department, a third-party local and national criminal background check pursuant to section 21a-421c, (2) the owners subject to such background check do not have any disqualifying convictions, as defined in section 21a-420, and (3) the facility to be operated as an infused beverage wholesaler facility is inspected by the department and satisfies the department's requirements pertaining to cleanliness and security.
(d) An infused beverage wholesaler shall only sell infused beverages to holders of package store permits issued under subsection (b) of section 30-20 and to retailers, hybrid retailers and dispensary facilities.
(e) An infused beverage wholesaler shall ensure that any infused beverage offered or sold by the infused beverage wholesaler shall not appeal to any person who is younger than twenty-one years of age, including, but not limited to, by virtue of the name or appearance of such infused beverage, or make any health claim.
(f) Each infused beverage wholesaler shall assess a fee of one dollar on each infused beverage container sold to the holder of a package store permit issued under subsection (b) of section 30-20 or to a retailer, hybrid retailer or dispensary facility. Such fee shall not be subject to any sales tax or treated as income pursuant to any provision of the general statutes. Beginning on October 1, 2025, and every six months thereafter, each infused beverage wholesaler shall remit payment to the Department of Consumer Protection for each infused beverage container sold during the preceding six-month period. The funds received by the department from infused beverage sales shall be deposited in the consumer protection enforcement account established in section 21a-8a for the purposes of (1) protecting public health and safety, (2) educating consumers and licensees, and (3) ensuring compliance with cannabis and liquor control laws.
(g) (1) Each infused beverage wholesaler shall maintain all records necessary to fully demonstrate business transactions related to infused beverages for a period covering the then current taxable year and the three taxable years immediately preceding such taxable year. Such records shall be maintained in an auditable format, and the infused beverage manufacturer, or any other person in charge or having custody of such records, shall make such records available to the department pursuant to subdivision (3) of this subsection.
(2) The Commissioner of Consumer Protection may require any infused beverage wholesaler to furnish such information as the commissioner deems necessary for the proper administration of this section and this chapter, and may require a third-party independent audit of any infused beverage wholesaler, the expense thereof to be paid by such infused beverage wholesaler.
(3) Upon request by the commissioner or any other enforcement agency or person authorized by this chapter, an infused beverage wholesaler, and any other person in charge or having custody of such records, shall make such records immediately available for inspection and copying by the commissioner or such other enforcement agency or person. The infused beverage wholesaler, or such other person, shall produce copies of such records to the commissioner or the commissioner's authorized representative not later than two business days after the commissioner or such representative requests such copies. Such records shall be provided to the commissioner or such representative in an electronic format, unless providing such records to the commissioner or such representative in an electronic format is commercially impractical.
(4) In complying with the provisions of this subsection, no person shall use any foreign language, code or symbol to designate any infused beverage or person.
(h) The Commissioner of Consumer Protection may, for the purposes of the supervision and enforcement of the provisions of this section and this chapter, enter any facility utilized or maintained by an infused beverage wholesaler and inspect and inventory all pertinent equipment, finished or unfinished materials, containers or labeling, and all other items in such place, including, but not limited to, records, files, financial data, sales data, shipping data, pricing data, employee data, research, papers, processes, controls and facilities.
(i) Any violation of the provisions of subsections (a) to (h), inclusive, of this section shall constitute sufficient cause for action by the Commissioner of Consumer Protection, including, but not limited to, the suspension, probation or revocation of a license, the placement of conditions on a license, the issuance of a fine in an amount not to exceed five thousand dollars per violation, the acceptance of an offer in compromise, the refusal to grant or renew an infused beverage wholesaler license issued pursuant to this section or any other action authorized by law. All information from inspections and investigations conducted by the Department of Consumer Protection related to administrative complaints or cases shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, except after the department has entered into a settlement agreement, or concluded its investigation or inspection as evidenced by case closure, provided nothing in this section shall prevent the department from sharing any information with another state or federal agency or law enforcement as such information relates to an investigation conducted for a suspected violation of applicable law.
(P.A. 25-166, S. 37.)
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Sec. 21a-425f. High-THC beverages. Endorsement. Manufacturing, testing, advertising, labeling and sales requirements. Biannual report. Policies and procedures. Regulations. (a) On and after January 1, 2026, no person shall manufacture a high-THC beverage in this state unless such person is an infused beverage manufacturer that has received a high-THC beverage endorsement issued by the Commissioner of Consumer Protection pursuant to this section. A high-THC beverage endorsement shall authorize the infused beverage manufacturer to manufacture high-THC beverages for sale exclusively outside of this state. No infused beverage manufacturer shall advertise, offer or sell any high-THC beverage in this state or offer or sell any high-THC beverage directly to any individual. An infused beverage manufacturer shall verify that purchasers of high-THC beverages intend to engage in the commercial resale of such beverages exclusively outside of this state.
(b) Beginning on January 1, 2026, an infused beverage manufacturer seeking a high-THC beverage endorsement under this section shall submit an application to the Department of Consumer Protection in a form and manner prescribed by the Commissioner of Consumer Protection.
(c) Each infused beverage manufacturer with a high-THC beverage endorsement shall (1) use the electronic tracking system, in a form and manner prescribed by the Commissioner of Consumer Protection, to monitor the intake, manufacturing, disposition and distribution of all hemp oil, infused beverages and high-THC beverages in such infused beverage manufacturer's possession, and the information contained therein shall be subject to section 21a-421n, unless otherwise specified by the commissioner as set forth in regulations, policies and procedures adopted pursuant to subsection (f) of this section, and (2) include a clear and conspicuous warning, in at least twelve-point font, on each high-THC beverage that reads “Not for Sale in CT”.
(d) Each infused beverage manufacturer with a high-THC beverage endorsement shall comply with the hemp acquisition, manufacturing and laboratory testing requirements set forth in section 21a-425a, except an infused beverage manufacturer shall not be required to comply with the provisions of subparagraph (A) of subdivision (3) of subsection (d) of section 21a-425a, subdivision (4) of subsection (e) of section 21a-425a or subsection (f) of section 21a-425a for the manufacture of high-THC beverages.
(e) Beginning on July 31, 2026, and biannually thereafter on January thirty-first and July thirty-first, each infused beverage manufacturer that has received a high-THC beverage endorsement under this section shall submit a report to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, (1) for the six-month period beginning on the preceding January first or July first, as applicable, and (2) disclosing the total number of high-THC beverages such infused beverage manufacturer sold outside of this state during the six-month period that is the subject of such report.
(f) The Commissioner of Consumer Protection shall adopt regulations in accordance with chapter 54 to implement the provisions of this section. Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of this section and protect public health and safety, prior to adopting such regulations the commissioner shall issue policies and procedures to implement the provisions of this section that shall have the force and effect of law. The commissioner shall post all policies and procedures on the Department of Consumer Protection's Internet web site and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure. The commissioner shall also provide such policies and procedures, in a manner prescribed by the commissioner, to each licensee. Any such policy or procedure shall no longer be effective upon the earlier of either the adoption of the policy or procedure as a final regulation under section 4-172 or June 30, 2029, if such regulations have not been submitted to the legislative regulation review committee for consideration under section 4-170.
(P.A. 25-166, S. 38.)
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