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Hemp Access and Consumer Safety Act

S. 1698 · 117th Congress · May 12, 2021 · Lineage

A BILL

To allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food.

Section 1 Short title

This Act may be cited as the “Hemp Access and Consumer Safety Act”.

Sec. 2 Regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances

(a)
Inclusion in definition of dietary supplement— Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) is amended in each of clauses (i) and (ii) by inserting “(other than hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp)” after “an article”.
(b)
Definition— Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:

“(ss) The term hemp has the meaning given such term in section 297A(1) of the Agricultural Marketing Act of 1946.”

(c)
Prohibited act— Section 301(ll) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) is amended, in the matter preceding subparagraph (1), by inserting “(other than hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp)” after “made public”.
(d)
Labeling— Consistent with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Secretary of Health and Human Services may—
(1)
establish labeling and packaging requirements for dietary supplements and food that contain hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp; and
(2)
take additional enforcement actions with respect to products labeled as dietary supplements but not meeting the definition of such term in section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)), as amended by subsection (a).