I 

118TH CONGRESS 

1ST SESSION H. R. 1628 

To authorize the regulation of interstate commerce with respect to food 

containing cannabidiol derived from hemp, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2023 

Mr. GRIFFITH (for himself, Ms. CRAIG, Ms. TITUS, Mr. GROTHMAN, and Mr. 

POCAN) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To authorize the regulation of interstate commerce with respect to food containing cannabidiol derived from hemp, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘CBD Product Safety 

5 and Standardization Act of 2023’’. 


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1 SEC. 2. REGULATION OF INTERSTATE COMMERCE WITH RE2 SPECT TO FOOD CONTAINING CANNABIDIOL 

3 DERIVED FROM HEMP. 

4 (a) STANDARDS AND REGULATIONS.—Chapter IV of 

5 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342 

6 et seq.) is amended by inserting after section 409 the fol7 lowing: 

8 ‘‘SEC. 409A. FOOD CONTAINING CANNABIDIOL DERIVED 

9 FROM HEMP. 

10 ‘‘(a) STANDARDS.—The standards specified in this 

11 section for a food (other than a dietary supplement) con12 taining cannabidiol derived from hemp (as defined in sec13 tion 297A of the Agricultural Marketing Act of 1946) are 

14 that the food— 

15 ‘‘(1) is— 

16 ‘‘(A) in conformity with a regulation issued 

17 pursuant to section 409(c)(1)(A); 

18 ‘‘(B) the subject of a notice submitted to 

19 the Secretary under subpart E of part 170 of 

20 title 21, Code of Federal Regulations (or any 

21 successor regulations); or 

22 ‘‘(C) generally recognized, among experts 

23 qualified by scientific training and experience to 

24 evaluate its safety, as having been adequately 

25 shown through scientific procedures to be safe 


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1 under the conditions of its intended use, within 

2 the meaning of section 201(s); and 

3 ‘‘(2) complies with all other applicable require4 ments under, or pursuant to, this Act and the Fair 

5 Packaging and Labeling Act. 

6 ‘‘(b) REGULATIONS.—The Secretary shall issue, 

7 through notice and comment rulemaking pursuant to sec8 tion 553 of title 5, United States Code, regulations speci9 fying, with respect to a food containing cannabidiol de10 rived from hemp— 

11 ‘‘(1) a maximum amount of cannabidiol derived 

12 from hemp per serving; 

13 ‘‘(2) labeling and packaging requirements; and 

14 ‘‘(3) conditions of intended use, including any 

15 conditions specific to a food category described 

16 under subpart A of part 170 of title 21, Code of 

17 Federal Regulations (or any successor regulations). 

18 ‘‘(c) EFFECTIVE DATE.—The standards under this 

19 section shall apply beginning on the date of enactment of 

20 the CBD Product Safety and Standardization Act of 

21 2023, regardless of whether regulations have been issued 

22 under subsection (b).’’. 

23 (b) PROHIBITED ACTS.—Section 301(ll) of the Fed24 eral Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) 

25 is amended, in the matter preceding paragraph (1), by inVerDate Sep 11 2014 22:49 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1628.IH H1628

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1 serting ‘‘(other than a food containing cannabidiol that 

2 meets the requirements specified in section 409A)’’ after 

3 ‘‘made public’’. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) ADULTERATION.—Section 402 of the Fed6 eral Food, Drug, and Cosmetic Act (21 U.S.C. 342) 

7 is amended by adding at the end the following: 

8 ‘‘(j) If it is a food (other than a dietary supplement) 

9 that contains cannabidiol derived from hemp (as defined 

10 in section 297A of the Agricultural Marketing Act of 

11 1946), unless such food meets the requirements specified 

12 in section 409A.’’. 

13 (2) MISBRANDING.—Section 403 of the Federal 

14 Food, Drug, and Cosmetic Act (21 U.S.C. 343) is 

15 amended by adding at the end the following: 

16 ‘‘(z) If it is a food (other than a dietary supplement) 

17 that contains cannabidiol derived from hemp (as defined 

18 in section 297A of the Agricultural Marketing Act of 

19 1946), unless the labeling of such food meets the require20 ments specified in or pursuant to section 409A.’’. 

Æ 


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