Bipartisan legislation reintroduced in U.S. Senate would create regulatory pathways for hemp-derived CBD

Bill would remove restrictions for use in foods and dietary supplements

July 20, 2023

Today, U.S. Senators Ron Wyden (D-OR), Rand Paul (R-KY), and Jeff Merkley (D-OR), and U.S. Representative Earl Blumenauer (D-OR) reintroduced bipartisan legislation that would protect public health by providing legal clarity in the hemp and hemp-derived cannabidiol (CBD) product marketplace. The American Herbal Products Association (AHPA) previously endorsed the Hemp Access and Consumer Safety Act of 2021 and, subsequently, supports this latest version of the bill.
The Hemp Access and Consumer Safety Act of 2023 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.
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, regulatory uncertainty has remained about the inclusion of hemp and hemp-derived CBD in foods and dietary supplements.
“Americans deserve to have assurances that the hemp and CBD products they include in their food and dietary supplement choices are properly regulated,” said AHPA President Michael McGuffin. “AHPA supports this legislation as it would clarify the lawful pathways for bringing such products to market.”
The legislation introduced today 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.
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.
In addition to endorsing the Hemp Access and Consumer Safety Act of 2023, AHPA also supports similar legislation introduced earlier this year: the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 (H.R.1629) and the CBD Product Safety and Standardization Act of 2023 (H.R.1628). Introduced by Reps. Morgan Griffith (R-VA) and Angie Craig (D-MN), both bills would similarly set forth a regulatory pathway allowing hemp, hemp-derived CBD, and other ingredients derived from hemp to be legally marketed in foods and dietary supplements.




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