Senate Bill Would Regulate CBD Foods & Other Products

A Senate proposal filed on Wednesday by Sens. Ron Wyden (D-OR), Rand Paul (R-KY), and Jeff Merkley (D-OR) seeks to federally regulate the production and sales of CBD-infused food products, beverages, and dietary supplements.

Federal law blocks any new dietary ingredient, food, or beverage from automatically entering the market if it has been studied as a drug or potential medicine — but despite hemp being federally legalized under the 2018 Farm Bill, the FDA has yet to establish regulations concerning food products infused with hemp-derived CBD. The bipartisan Senate proposal, dubbed The Hemp Access and Consumer Safety Act, would rectify that situation by exempting hemp-derived CBD from the rules.

“CBD products are legally being used and produced across the nation,” Sen. Wyden said in a press release. “Yet because the FDA has failed to update its regulations, consumers and producers remain in a regulatory gray zone.”

Sen. Paul said that while “hemp-derived CBD products and businesses have earned their recognition … the FDA, unfortunately, hasn’t treated them like any other food additive or dietary supplement.”

“Every day that the FDA drags its feet to update its CBD regulations, hemp farmers are left guessing about how their products will be regulated, and real economic gains for workers and business owners in Oregon and across the country are left on the table. Hemp-derived CBD products are already widely available, and we all need FDA to issue clear regulations for them just like they do for other foods, drinks, and dietary supplements.” — Oregon Sen. Jeff Merkley, in a statement

According to the release, the bipartisan Senate proposal is supported by at least a dozen trade organizations including the Consumer Brands Association, the Wine and Spirits Wholesalers of America, the National Industrial Hemp Council, and others.