Title: Hemp Access and Consumer Safety Act
Policy area: Health

Summary:
Hemp Access and Consumer Safety Act
This bill allows hemp and hemp-derived ingredients to be included in food and dietary supplements.
Current law prohibits, with limited exceptions, the sale of food and dietary supplements that contain an ingredient that is an active ingredient in (1) an approved drug, or (2) a drug for which there have been substantial and publicly known clinical investigations. This bill exempts hemp and hemp-derived ingredients, such as hemp-derived cannabidiol, from this prohibition.
The Food and Drug Administration may establish labeling and packaging requirements for such foods and dietary supplements.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1698 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1698

  To allow for hemp-derived cannabidiol and hemp-derived cannabidiol 
         containing substances in dietary supplements and food.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2021

   Mr. Wyden (for himself, Mr. Paul, and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To allow for hemp-derived cannabidiol and hemp-derived cannabidiol 
         containing substances in dietary supplements and food.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hemp Access and Consumer Safety 
Act''.

SEC. 2. 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, hemp-derived cannabidiol, or a substance containing 
any other ingredient derived from hemp)'' after ``an article''.
    (b) Definition.--Section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the 
following:
    ``(ss) The term `hemp' has the meaning given such term in section 
297A(1) of the Agricultural Marketing Act of 1946.''.
    (c) Prohibited Act.--Section 301(ll) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331(ll)) is amended, in the matter preceding 
subparagraph (1), by inserting ``(other than hemp, hemp-derived 
cannabidiol, or a substance containing any other ingredient derived 
from hemp)'' after ``made public''.
    (d) Labeling.--Consistent with the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.), the Secretary of Health and Human Services 
may--
            (1) establish labeling and packaging requirements for 
        dietary supplements and food that contain hemp, hemp-derived 
        cannabidiol, or a substance containing any other ingredient 
        derived from hemp; and
            (2) take additional enforcement actions with respect to 
        products labeled as dietary supplements but not meeting the 
        definition of such term in section 201(ff)(3)(B) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)), as 
        amended by subsection (a).
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