Losing its patience with the FDA, a bipartisan bill was introduced to allow CBD into foods and suppl

Updated: Jan 17, 2020

Josh Long | Jan 14, 2020

Legislation was unveiled Monday in the U.S. House of Representatives to allow hemp-based CBD to be marketed in dietary supplements and conventional food.

The bill, introduced by House Agriculture Committee Chairman Collin Peterson (D-MN), is a simple, three-page bill that would explicitly include hemp-derived CBD in the definition of a dietary supplement.

Related: FDA ups the ante in its war against CBD

It also would create an exception for CBD to a “prohibited act” in Section 301(ll) of the Federal Food, Drug & Cosmetic Act (FDCA), which essentially bars the introduction into interstate commerce of a food (including a dietary supplement ingredient) that was first studied as a pharmaceutical drug.

The FDA has continually cited the FDCA as the reason it cannot declare hemp CBD as a legal dietary ingredient—and thus has done little to regulate the booming market other than occasionally send out a dozen or so warning letters to companies making egregious disease claims around products.

Peterson’s bill also would require the Agriculture Secretary, “in consultation with other relevant federal and state agencies,” to “complete a study on the market and regulatory barriers for producers operating under the domestic hemp production program specified” in USDA’s regulations.

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