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Bipartisan Legislation Introduced Would Create Regulatory Pathways for Use of Hemp-derived CBD in Dietary Supplements and Conventional Food


On May 19, Senators Ron Wyden and Jeff Merkley (D-OR) and Senator Rand Paul (R-KY) introduced bipartisan legislation that would protect public health by providing legal clarity in the hemp and hemp-derived cannabidiol (CBD) product marketplace. The Hemp Access and Consumer Safety Act of 2021 would amend the Federal Food, Drug and Cosmetic Act (FD&CA) by establishing exceptions to certain statutory restrictions that have prevented the U.S. Food and Drug Administration (FDA) from setting clear regulatory frameworks for hemp and hemp-derived CBD that would assure consumer access.  Importantly, the legislation would subject foods and dietary supplements containing these ingredients to all of the protections afforded by FDA’s current food and dietary supplement regulatory frameworks.

Non-GMO Project

A growing number of Americans view hemp and hemp-derived CBD as useful for improving health and wellbeing, driving high consumer demand and a proliferation of hemp and CBD-containing products on the marketplace. While the 2018 Farm Bill changed the law to allow hemp farming, there has remained regulatory uncertainty about the inclusion of hemp and hemp-derived CBD in foods and dietary supplements.

The legislation introduced would allow hemp, hemp-derived CBD and other ingredients derived from hemp to be legally marketed in foods and dietary supplements, and it would thus require such products to comply with all of the statutes and regulations that apply to other foods and dietary supplements. Establishment of these legal pathways will also provide much needed certainty to hemp farmers.

“Americans deserve to have assurances that the hemp and CBD products they include in their food and dietary supplement choices are properly regulated,” stated Michael McGuffin, president of the American Herbal Products Association (AHPA). “AHPA supports this legislation since it would clarify the lawful pathways for bringing such products to market.”

The bill would also specifically authorize FDA to establish labeling and packaging requirements for dietary supplements and foods that contain hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp.

For more information, visit  www.ahpa.org.