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 Com-
mittee on Energy and Commerce 
A BILL 
To authorize the regulation of interstate commerce with re-
spect to food containing cannabidiol derived from hemp, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CBD Product Safety 
and Standardization Act of 2023’’. 
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SEC. 2. REGULATION OF INTERSTATE COMMERCE WITH RE-
SPECT TO FOOD CONTAINING CANNABIDIOL 
DERIVED FROM HEMP. 
(a) STANDARDS AND REGULATIONS.—Chapter IV of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342 
et seq.) is amended by inserting after section 409 the fol-
lowing: 
‘‘SEC. 409A. FOOD CONTAINING CANNABIDIOL DERIVED 
FROM HEMP. 
‘‘(a) STANDARDS.—The standards specified in this 
section for a food (other than a dietary supplement) con-
taining cannabidiol derived from hemp (as defined in sec-
tion 297A of the Agricultural Marketing Act of 1946) are 
that the food— 
‘‘(1) is— 
‘‘(A) in conformity with a regulation issued 
pursuant to section 409(c)(1)(A); 
‘‘(B) the subject of a notice submitted to 
the Secretary under subpart E of part 170 of 
title 21, Code of Federal Regulations (or any 
successor regulations); or 
‘‘(C) generally recognized, among experts 
qualified by scientific training and experience to 
evaluate its safety, as having been adequately 
shown through scientific procedures to be safe 
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under the conditions of its intended use, within 
the meaning of section 201(s); and 
‘‘(2) complies with all other applicable require-
ments under, or pursuant to, this Act and the Fair 
Packaging and Labeling Act. 
‘‘(b) REGULATIONS.—The Secretary shall issue, 
through notice and comment rulemaking pursuant to sec-
tion 553 of title 5, United States Code, regulations speci-
fying, with respect to a food containing cannabidiol de-
rived from hemp— 
‘‘(1) a maximum amount of cannabidiol derived 
from hemp per serving; 
‘‘(2) labeling and packaging requirements; and 
‘‘(3) conditions of intended use, including any 
conditions specific to a food category described 
under subpart A of part 170 of title 21, Code of 
Federal Regulations (or any successor regulations). 
‘‘(c) EFFECTIVE DATE.—The standards under this 
section shall apply beginning on the date of enactment of 
the CBD Product Safety and Standardization Act of 
2023, regardless of whether regulations have been issued 
under subsection (b).’’. 
(b) PROHIBITED ACTS.—Section 301(ll) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) 
is amended, in the matter preceding paragraph (1), by in-
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serting ‘‘(other than a food containing cannabidiol that 
meets the requirements specified in section 409A)’’ after 
‘‘made public’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADULTERATION.—Section 402 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 342) 
is amended by adding at the end the following: 
‘‘(j) If it is a food (other than a dietary supplement) 
that contains cannabidiol derived from hemp (as defined 
in section 297A of the Agricultural Marketing Act of 
1946), unless such food meets the requirements specified 
in section 409A.’’. 
(2) MISBRANDING.—Section 403 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343) is 
amended by adding at the end the following: 
‘‘(z) If it is a food (other than a dietary supplement) 
that contains cannabidiol derived from hemp (as defined 
in section 297A of the Agricultural Marketing Act of 
1946), unless the labeling of such food meets the require-
ments specified in or pursuant to section 409A.’’. 
Æ 
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