Three House representatives have introduced a bipartisan bill to help move the United States CBD industry forward.
On Thursday, December, 2, Representatives Kathleen Rice (D-NY), Morgan Griffith (R-VA), Angela Craig (D-MN), and Dan Crenshaw (R-TX) introduced the CBD Product Safety and Standardization Act (HB 6134), which would establish federal standards for hemp-derived cannabidiol (CBD) food and beverage products.
Representatives Tony Cardenas (D-CA) and Chellie Pingree (D-ME) are co-sponsors on the bill.
Consumer Protection and Marketplace Stability
According to a press release from Representative Rice, the bill’s focuses on protecting consumers and providing marketplace stability for farmers, producers, and retailers.
Representative Rice says CBD products are exploding in popularity, but a lack of federal regulation puts consumers at risk and leaves businesses looking for clarity.
“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,” says Representative Rice. “Thank you to my bipartisan colleagues for joining me in introducing this important legislation.”
If passed, HB 6134 would allow the United States Food and Drug Administration (FDA) to regulate CBD as a food additive and issue regulations regarding concentration limits per serving, packaging requirements, and conditions of intended use.
Representative Griffith says the demand for CBD products has surged, but FDA regulations do not reflect this new reality.
“As a result, adulterated or unsafe products are available that threaten consumer health, and businesses lack clarity,” says Representative Griffith. “The CBD Product Safety and Standardization Act would require the FDA to address the issue and ensure more certainty in the CBD marketplace. I’m pleased to join this bipartisan effort.”
The 2018 Farm Bill
The spread of legal CBD products in the United States stems from Donald Trump’s signing of the 2018 Farm Bill, which removed hemp-derived cannabidiol from the Controlled Substances Act.
But while the 2018 Farm Bill legalized CBD products, it did not alter existing FDA law or regulatory policies regarding cannabidiol use in FDA-regulated products.
Since the bill’s passage, the CBD market has expanded rapidly to include foods, supplements, cosmetics, pet products, and oils.
Representative Rice says that the discrepancy between the Controlled Substances Act and FDA law has created a regulatory gray area where CBD is widely available, unregulated, and considered illegal by the FDA.
Regulatory and Technical Affairs Senior VP of the Consumer Brands Association Betsy Booren, Ph.D. says HB 6134 is a welcome step toward giving consumers consistency and promoting product safety across state lines.
“74% of consumers incorrectly believe that CBD is federally regulated,” says Booren. “Stressing the urgency of the action Representatives Rice, Griffith, Craig, and Crenshaw are taking with this important legislation.”
According to Representative Rice, HB 6134 would allow FDA to regulate CBD like other food ingredients and subject resulting products to enforceable safeguards to guarantee accountability.
The bill would also require FDA to determine which food categories would be appropriate for CBD use and distinguish responsible players from bad actors who ignore federal quality, manufacturing, labeling, and claim requirements.
“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 Ace,” says U.S. Hemp Roundtable General Counsel Jonathon Miller. “We strongly support requiring the FDA to regulate hemp extracts like CBD as food and beverage ingredients.”
