Section 1 Short title
This Act may be cited as the “CBD Product Safety and Standardization Act of 2021”.
CBD Product Safety and Standardization Act of 2021
A BILL
To authorize the regulation of interstate commerce with respect to food containing cannabidiol derived from hemp, and for other purposes.
Sec. 2 Regulation of interstate commerce with respect to food containing cannabidiol derived from hemp
Standards and regulations— Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342 et seq.) is amended by inserting after section 409 the following:
“409A. Food containing cannabidiol derived from hemp
“(a) Standards—The standards specified in this section for a food (other than a dietary supplement) containing cannabidiol derived from hemp (as defined in section 297A of the Agricultural Marketing Act of 1946) are that the food—
“(1) is—
“(A) in conformity with a regulation issued pursuant to section 409(c)(1)(A);
“(B) the subject of a notice submitted to the Secretary under subpart E of part 170 of title 21, Code of Federal Regulations (or any successor regulations); or
“(C) generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures to be safe under the conditions of its intended use, within the meaning of section 201(s); and
“(2) complies with all other applicable requirements under, or pursuant to, this Act and the Fair Packaging and Labeling Act.
“(b) Regulations—The Secretary shall issue, through notice and comment rulemaking pursuant to section 553 of title 5, United States Code, regulations specifying, with respect to a food containing cannabidiol derived from hemp—
“(1) a maximum amount of cannabidiol derived from hemp per serving;
“(2) labeling and packaging requirements; and
“(3) conditions of intended use, including any conditions specific to a food category described under subpart A of part 170 of title 21, Code of Federal Regulations (or any successor regulations).
“(c) Effective date—The standards under this section shall apply beginning on the date of enactment of the CBD Product Safety and Standardization Act of 2021, regardless of whether regulations have been issued under subsection (b).”
Prohibited acts— Section 301(ll) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) is amended, in the matter preceding paragraph (1), by inserting “(other than a food containing cannabidiol that meets the requirements specified in section 409A)” after “made public”.
Conforming amendments—
Adulteration— Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following:
“(j) If it is a food (other than a dietary supplement) that contains cannabidiol derived from hemp (as defined in section 297A of the Agricultural Marketing Act of 1946), unless such food meets the requirements specified in section 409A.”
Misbranding— Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following:
“(z) If it is a food (other than a dietary supplement) that contains cannabidiol derived from hemp (as defined in section 297A of the Agricultural Marketing Act of 1946), unless the labeling of such food meets the requirements specified in or pursuant to section 409A.”