Published January 15, 2020 | By Laura Drotleff
New legislation introduced by the top-ranking member of the U.S. House Agriculture Committee could require federal food and agriculture regulators to treat hemp-derived CBD as a dietary supplement.
Agriculture Chair Collin Peterson, a Minnesota Democrat, suggests changing the Federal Food, Drug and Cosmetic Act (FD&C) to include the regulation of hemp-derived CBD and products containing the substance.
For months now, hemp-friendly lawmakers have been asking for regulations allowing the sale of hemp-derived CBD without a doctor’s prescription.
The bill introduced this week signals that legislators are considering requiring such changes to open market opportunities for CBD.
“The last two Farm Bills (2014 and 2018) were landmark successes for hemp, but we are still very early in this process and growers need regulatory certainty,” Peterson said in a statement.
If enacted, the legislation would change the definition of “dietary supplement.” Supporters say the change would force the U.S. Food and Drug Administration (FDA) to allow CBD to be marketed in dietary supplements.
“This bill will allow FDA to regulate CBD that comes from hemp as a dietary supplement, providing a pathway forward for hemp-derived products,” Peterson said.
The bill would also require the U.S. Department of Agriculture (USDA) to study and report market barriers for farmers producing hemp. The USDA study would include:
- Costs and requirements for establishing and operating a hemp testing program, including the costs and requirements for operating or contracting with a laboratory approved by the U.S. Drug Enforcement Administration (DEA).
- Costs and requirements for the destruction of hemp crops determined to be above 0.3% delta-9 THC or opportunities for remediation or alternative uses.
- Feasibility of producer compliance with reporting requirements.
The findings of these studies would be submitted to the House and Senate agriculture committees within a year.
According to Peterson, the USDA’s role would help inform “growers and policy makers of the challenges facing this new industry.” READ FULL ARTICLE