An Act To Clarify That Food and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State 1s Definition of 11Hemp to the Definition in Federal Law
Maine Legislature, Session 129, LD 0630
Committee Amendment CA_A_H10 (House)
Amends: 22 MRSA §2158-A

COMMITTEE AMENDMENT "fl,, to H.P. 459, L.D. 630, Bill, "An Act To 
Clarify That Food and Food Products Containing Hemp-derived Cannabidiol Produced 
and Sold within the State Are Not Adulterated and To Match the State
1s Definition of 
11Hemp
to the Definition in Federal Law" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify That Food, Food Additives and Food Products Containing 
Hemp-derived Cannabidiol Produced and Sold within the State Are Not 
Adulterated and To Match the State's Definition of "Hemp" to the Definition in 
Federal Law' 
Amend the bill in Part A by striking out all of section 1 and inserting the following: 
1Sec. A-1. 22 MRSA §2158-A is .enacted to read: 
§2158-A. Food, food additives and food products containing hemp not adulterated 
Notwithstanding any other provision of law to the contrary, food, food additives or 
food products that contain hemp, including cannabidiol derived from hemp, are not 
considered to be adulterated or misbranded under this subchapter based solely on the 
inclusion of hemp or cannabidiol derived from hemp. The nonpharmaceutical or 
nonmedical production, marketing, sale or distribution of food, food additives or food 
products within the State that contain hemp may not be restricted or prohibited within the 
State based solely on the inclusion of hemp. A food establishment or eating 
establishment, as defined in section 2491, subsection 7, may not make a claim that food, 
food additives or food products that contain hemp can diagnose, treat, cure or prevent any 
disease, condition or injury without approval pursuant to federal law. For the purposes of 
this section, 
11hemp
has the same meaning as in Title 7, section 2231, subsection l. 1 
Amend the bill in Part B in section 1 in §2231 in subsection 1 in the 6th line (page 2, 
line 13 in L.D.) by inserting after the following: 
11chapter.
the following: 
111Hemp
includes agricultural commodities and products derived from hemp and topical or 
ingestible consumer products, including food, food additives and food products derived 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ,I,, to H.P. 459, L.D. 630 
from hemp. "Hemp" does not include marijuana for medical use pursuant to Title 22, 
chapter 558-C or adult use marijuana pursuant to Title 28-B, chapter l .1 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes and replaces Part A of the bill and provides that food, food 
additives and food products that contain hemp and hemp products, including hemp-
derived cannabidiol, are not considered to be "adulterated" under state law and that the 
nonpha1maceutical or nonmedical production, marketing, sale or distribution within the 
State of food, food additives or food products that contain hemp-derived cannabidiol may 
not be prohibited. The amendment also clarifies that eating establishments, in addition to 
food establishments, may not make any therapeutic claims about food products that 
contain hemp-derived cannabidiol without federal approval. 
The amendment clarifies that the definition of "hemp" includes commodities and 
products derived from hemp, including food, food additives and food products, and that it 
does not include medical marijuana as govemed by the Maine Medical Use of Marijuana 
Act or adult use marijuana as governed by the Marijuana Legalization Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/22/19 feac:. 
LD 630 
LR 2386(02) 
An Act To Clarify That Food and Food Products Containing Hemp-derived Cannabidiol Produced 
and Sold within the State Are Not Adulterated and To Match the State's Definition of "Hemp" to the 
Fiscal Detail and Notes 
Definition in Federal Law 
A { 
,\ 
Fiscal Note for Bill as Amended by Committee Amendment "11' fl ... / D/ 
Committee: Agriculture Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Contingent future biennium cost increase - General Fund 
Any additional costs to the Department of Health and Human Services and the Department of Agriculture, 
Conservation and Forestry as a result of clarifications to the rules regarding food and food products containing hemp-
derived cannabidiol (CBD) and changes to the definition of "industrial hemp" to "hemp" are anticipated to be minor 
and can be absorbed within existing budgeted resources. 
Although the United States Food and Drug Administration (USFDA) has indicated that it plans to review its 
regulatory authority regarding hemp-derived products at a later date, it has not given any indication of a timeline or 
guidance on possible revisions. Any rules regarding CBD that conflict with the USFDA's cuffent guidance could 
result in potential future costs if subject to federal enforcement actions. 
LR2386(02) - Fiscal Note - Page 1 of 1