California Gov. Gavin Newsom (D) last week signed a bill allowing hemp and some cannabinoids to be included in food and beverages, dietary supplements, cosmetics, and pet food, as long as the compounds are below 0.3% THC, the National Law Review reports. The law does prohibit the products from making any health claims about the cannabinoids included in the products.
Under the legislation, products containing cannabinoids must include a label, scannable barcode, website, or QR code linking to certificates of analysis, providing the THC content of the tested batches; product expiration dates, if applicable; a statement indicating that children or those who are pregnant or breastfeeding should avoid using the product before consulting health professionals; a statement that cannabinoids should be kept out of reach of children, and the statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY,” referring to the federal Food and Drug Administration.
The law does not include guidance on maximum serving sizes or cannabinoid concentrations, or serving sizes, but the measure does provide the state Health Department the authority to issue regulations on those details.
In a summary statement on the bill, the U.S Hemp Roundtable said there are still “a number of issues left open by the statute that may be resolved through the standard regulatory process.” The trade group noted that “once the [FDA] acts to regulate hemp-derived CBD products, the state agency is then required to adopt new regulations to comply with the federal standards.”
The Hemp Roundtable also clarified that “there are no new regulatory burdens placed on hemp growers under this legislation.”
“Contrary to inaccurate reports, hemp farming is not addressed by this legislation, and growers continue to be regulated under previously existing statute,” the group said. “Furthermore, neither hemp growers, nor processors, nor manufacturers are subject to the oversight of the state Department of Cannabis Control.”
Legislation is expected in the state next year focused on smokable hemp products.
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