Title: To amend the Federal Food, Drug, and Cosmetic Act with respect to the regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances.
Policy area: Health

Summary:
This bill requires the Food and Drug Administration to regulate a hemp-derived cannabidiol (CBD) product as a dietary supplement instead of as a drug. The bill also allows the introduction into interstate commerce of a food with added hemp-derived CBD.
The Department of Agriculture must report on market and regulatory barriers for producers operating under its domestic hemp production program.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5587 Introduced in House (IH)]

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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.

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

SECTION 1. REGULATION OF HEMP-DERIVED CANNABIDIOL AND HEMP-DERIVED 
              CANNABIDIOL CONTAINING SUBSTANCES.

    (a) Inclusion in Definition of Dietary Supplement.--Section 
201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321(ff)(3)(B)) is amended in each of clauses (i) and (ii) by inserting 
``(other than hemp-derived cannabidiol or a hemp-derived cannabidiol 
containing substance)'' after ``an article''.
    (b) Prohibited Act.--Section 301(ll) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331(ll)) is amended by inserting ``(other than 
hemp-derived cannabidiol or a hemp-derived cannabidiol containing 
substance)'' after ``public''.

SEC. 2. MARKETABILITY STUDY AND REPORT.

    (a) Study.--The Secretary of Agriculture, in consultation with 
other relevant Federal and State agencies, shall complete a study on 
the market and regulatory barriers for producers operating under the 
domestic hemp production program specified in part 990 of title 7, Code 
of Federal Regulations (as in effect on the date of enactment of this 
Act).
    (b) Contents of Study.--The study under subsection (a) shall 
include--
            (1) the costs and requirements for establishing and 
        operating a hemp testing program, including the costs and 
        requirements for operating or contracting with a laboratory 
        approved by the Drug Enforcement Agency;
            (2) the costs and requirements for the destruction of hemp 
        crops determined to be in excess of 0.3 percent delta-9 
        tetrahydrocannabinol or opportunities for remediation or 
        alternative uses;
            (3) the feasibility of producer compliance with sampling 
        timetables;
            (4) the feasibility of producer compliance with reporting 
        requirements; and
            (5) other known or potential challenges by the 
        participation of States or producers in the domestic hemp 
        production program.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report on the study described 
in this section to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate.
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