Dec 10, 2021
New Bill Would Establish Regulatory Framework for Food, Beverages Containing CBD

U.S. Representatives Kathleen Rice (NY-04), Morgan Griffith (VA-09), Angie Craig (MN-02), and Dan Crenshaw (TX-02) introduced a bipartisan bill that will establish federal standards for CBD food and beverage products to protect consumers and provide marketplace stability for farmers, producers, and retailers.

“CBD products are exploding in popularity, but the lack of federal regulation surrounding them has put consumers at risk and left businesses looking for clarity,” said Representative Rice. “The bipartisan CBD Product Safety and Standardization Act will establish the clear regulatory framework needed to provide stability for business and ensure unsafe products stay off the shelves. Thank you to my bipartisan colleagues for joining me in introducing this important legislation.”

The Consumer Brands Association and U.S. Hemp Roundtable issued statements in support of the bill’s introduction today.

“The CBD Product Safety and Standardization Act is a welcome step toward giving consumers consistency and promoting safety that goes across state lines,” said Betsy Booren, Ph.D., Senior Vice President, Regulatory and Technical, Consumer Brands Association. “74% of consumers incorrectly believe that CBD is federally regulated, stressing the urgency of the action Representatives Rice, Griffith, Craig and Crenshaw are taking with this important legislation.”

“The hemp industry is grateful to Reps. Kathleen Rice, Morgan Griffith, Angie Craig and Dan Crenshaw for their introduction of the CBD Product Safety and Standardization Act. We strongly support requiring the FDA to regulate hemp extracts like CBD as food and beverage ingredients,” said Jonathan Miller, General Counsel, U.S. Hemp Roundtable.

While the 2018 Farm Bill removed hemp-derived cannabidiol (CBD) from the Controlled Substances Act, it did not make changes to existing Food and Drug Administration (FDA) law or regulatory policies governing its use in FDA-regulated products. Since then, the market for CBD products has exploded, and CBD is ubiquitously available to consumers in oils, cosmetics, supplements, and foods, and it is even marketed in products for pets. The discrepancy between the Controlled Substances Act and FDA law has created a regulatory gray area in which CBD is widely available but unregulated – and considered illegal – by FDA.

The bipartisan CBD Product Safety and Standardization Act would allow FDA to regulate CBD as it would any other food ingredient and subject these products to enforceable safeguards to ensure accountability. It also charges the agency with establishing CBD content limits and packaging and labeling requirements and determining in which categories of food CBD is appropriate for use. This bill will help distinguish responsible players from bad actors that ignore federal requirements for quality, manufacturing, labeling, and claims, and it will bring safety and clarity to the market.

Text of the legislation can be found at https://kathleenrice.house.gov.


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