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116TH CONGRESS 

2D SESSION H. R. 5587 

To amend the Federal Food, Drug, and Cosmetic Act with respect to the 

regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2020 

Mr. PETERSON (for himself, Mr. COMER, Ms. PINGREE, and Mr. MASSIE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act with 

respect to the regulation of hemp-derived cannabidiol 

and hemp-derived cannabidiol containing substances. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REGULATION OF HEMP-DERIVED CANNABIDIOL 

4 AND HEMP-DERIVED CANNABIDIOL CON5 TAINING SUBSTANCES. 

6 (a) INCLUSION IN DEFINITION OF DIETARY SUPPLE7 MENT.—Section 201(ff)(3)(B) of the Federal Food, Drug, 


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•HR 5587 IH1S 

1 and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) is amended 

2 in each of clauses (i) and (ii) by inserting ‘‘(other than 

3 hemp-derived cannabidiol or a hemp-derived cannabidiol 

4 containing substance)’’ after ‘‘an article’’. 

5 (b) PROHIBITED ACT.—Section 301(ll) of the Fed6 eral Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) 

7 is amended by inserting ‘‘(other than hemp-derived 

8 cannabidiol or a hemp-derived cannabidiol containing sub9 stance)’’ after ‘‘public’’. 

10 SEC. 2. MARKETABILITY STUDY AND REPORT. 

11 (a) STUDY.—The Secretary of Agriculture, in con12 sultation with other relevant Federal and State agencies, 

13 shall complete a study on the market and regulatory bar14 riers for producers operating under the domestic hemp 

15 production program specified in part 990 of title 7, Code 

16 of Federal Regulations (as in effect on the date of enact17 ment of this Act). 

18 (b) CONTENTS OF STUDY.—The study under sub19 section (a) shall include— 

20 (1) the costs and requirements for establishing 

21 and operating a hemp testing program, including the 

22 costs and requirements for operating or contracting 

23 with a laboratory approved by the Drug Enforce24 ment Agency; 


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•HR 5587 IH1S 

1 (2) the costs and requirements for the destruc2 tion of hemp crops determined to be in excess of 0.3 

3 percent delta-9 tetrahydrocannabinol or opportuni4 ties for remediation or alternative uses; 

5 (3) the feasibility of producer compliance with 

6 sampling timetables; 

7 (4) the feasibility of producer compliance with 

8 reporting requirements; and 

9 (5) other known or potential challenges by the 

10 participation of States or producers in the domestic 

11 hemp production program. 

12 (c) REPORT.—Not later than 1 year after the date 

13 of the enactment of this Act, the Secretary shall submit 

14 a report on the study described in this section to the Com15 mittee on Agriculture of the House of Representatives and 

16 the Committee on Agriculture, Nutrition, and Forestry of 

17 the Senate. 

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