Washington—Four House members late last week introduced legislation that would establish federal standards for food containing cannabidiol (CBD) derived from hemp.

The CBD Product Safety and Standardization Act of 2021 was introduced by US Reps. Kathleen Rice (D-NY), Morgan Griffith (R-VA), Angie Craig (D-MN), and Dan Crenshaw (R-TX).

While the 2018 farm bill removed hemp-derived CBD from the Controlled Substances Act, it did not make changes to existing Food and Drug Administration (FDA) law or regulatory policies governing its use in FDA-regulated products, the bill’s sponsors noted.

Since the 2018 farm bill was enacted, the market for CBD products has exploded, and CBD is ubiquitously available to consumers in oils, cosmetics, supplements and foods, and it is even marketed in products for pets, the bill’s sponsors said. The discrepancy between the Controlled Substances act and FDA law has created a regulatory gray area in which CBD is widely available but unregulated, and considered illegal, by FDA.

The CBD Product Safety and Standardization Act would allow FDA to regulate CBD as it would any other food ingredient and subject these products to enforceable safeguards to ensure accountability. It also charges FDA with establishing CBD content limits and packaging and labeling requirements and determining in which categories of food CBD is appropriate for use.

“The CBD Product Safety and Standardization Act is a welcome step toward giving consumers consistency and promoting safety that goes across state lines,” said Betsy Booren, Ph.D., senior vice president, regulatory and technical, Consumer Brands Association.

“We strongly support requiring the FDA to regulate hemp extracts like CBD as food and beverage ingredients,” said Jonathan Miller, general counsel, US Hemp Roundtable, the hemp industry’s national advocacy organization.

“CBD products are exploding in popularity, but the lack of federal regulation surrounding them has put consumers at risk and left businesses looking for clarity,” Rice commented. “The bipartisan CBD Product Safety and Standardization Act will establish the clear regulatory framework needed to provide stability for business and ensure unsafe products stay off the shelves.”