Texas Proposes New Rules for Consumable Hemp, CBD Products
WASHINGTON – The Food and Drug Administration’s (FDA) failure to regulate CBD products continues to push states to make their own proposals. Texas recently released new proposed rules to regulate consumable hemp and CBD products. The new proposal from Texas comes on the heels of a new Virginia law regulating CBD as a food product. The proposal released by The Texas Department of State health Services would:
- Create rules related to the manufacturing, processing, and distribution of consumable hemp products
- Create rules related to testing of consumable hemp products by implementing testing and sample analysis
- Rules related to retail, possession/distribution/sale of products, packaging and labeling requirements, retail, and transportation
- Creates rules for registration for retailers and enforcement
“This is another example of states filling the CBD vacuum created by the FDA. As more and more states take matters into their own hands, we are concerned that we are going to be left with patchwork of state laws could confuse consumers and fail to provide all of the necessary federal safeguards, including setting a safe level of daily consumption for CBD. We have promised to work with policymakers and across the country to make real progress on regulating the growing CBD marketplace,” said Daniel Fabricant, Ph.D. President and CEO of NPA.
NPA supports legislation passed by the U.S. House of Representatives that provides resources so the FDA can perform a Health Hazard Evaluation (HHE) and set a safe level of CBD for consumers to use each day. The process would follow the same precedent as red yeast rice, which allows a natural product to contain a level of a drug ingredient that the FDA has determined to be safe. With the exception of Epidiolex, all CBD products in the U.S. are considered illegal by the federal government.
New developments related to CBD are also providing policymakers with more urgency to act:
- The UK’s Food Standards Agency recently set deadline for the CBD industry to provide more information about CBD products and their contents. It also advised vulnerable groups not to take CBD, and healthy adults to take no more than 70mg a day.
- The Food Safety Authority of Ireland (FSAI) recently recalled various CBD foods and food supplements due to unsafe levels of delta‐9‐tetrahydrocannabinol (THC).
- A new study from Cornell University revealed that high THC levels in hemp may be more likely due to genetics than growing conditions. During the research, the team also learned that as many as two-thirds of the seeds they obtained of one hemp variety – which were all supposed to be low-THC hemp – produced THC above the legal limit of 0.3 percent, underscoring how risky is it for farmers to grow the plant.
- A recent Freedom of Information Act (FOIA) request filed by NPA for CBD inspection data revealed that the FDA had only inspected four firms that manufactured CBD and only tested three CBD products for THC. There are over 1,500 products that contain CBD on the market.
- The Department of Transportation recently warned workers about using CBD, saying Federal employees could still lose their jobs if they test positive for THC.
Recent NPA Actions on CBD:
- NPA led a legislative effort to secure language in the FY 2020 House Agriculture Appropriations bill to appropriate $100,000 for the FDA to perform an HHE and is leading a grassroots effort urging the Senate to act.
- On Oct. 17, 2019, NPA published a poll that shows 70 percent of registered voters believe FDA should have already established safety standards for CBD products.
- On May 31, 2019, NPA testified at the FDA’s first public hearing on CBD.
- On March 14, 2019, NPA submitted official comments to the FDA concerning approaches to CBD regulation that will also help facilitate the discussion.
- On October 24, 2018, NPA sent a letter to FDA asking for regulatory leadership on CBD products.
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Natural Products Association
The Natural Products Association (NPA) is the trade association representing the entire natural products industry. We advocate for our members who supply, manufacture and sell natural ingredients or products for consumers. The Natural Products Association promotes good manufacturing practices as part of the growth and success of the industry. Founded in 1936, NPA represents over 700 members accounting for more than 10,000 locations of retailers, manufacturers, wholesalers and distributors of natural products, including foods, dietary supplements, and health/beauty aids. Visit www.npanational.org.
