§4.Cannabinoid hemp product regulation
This section amends the Federal Food, Drug, and Cosmetic Act (FD&C Act) by redesignating chapter X as chapter XI and sections 1001 through 1014 as sections 1101 through 1114; updating cross-references in sections 505(n)(2), 516(a), 704(g)(13), and 1109(a)(5)(A) (as redesignated); and inserting a new chapter X after chapter IX to regulate cannabinoid hemp products.
The new chapter X includes (1) definitions of key terms, including adverse event, derivative (i.e., chemical modifications of cannabis substances), facility (i.e., establishments that manufacture, process, label, or import such products), responsible person (i.e., manufacturer, packer, or distributor named on the label), and serious adverse event (i.e., resulting in death, hospitalization, disability, birth defect, or requiring medical intervention); (2) standards deeming cannabinoid hemp products adulterated under 12 conditions, including if contaminated, exceeding total cannabinoid limits in section 201(xx), intended for food-producing animals, containing added substances such as alcohol or caffeine, bearing unsafe food additives (for oral products), intended for animal use in ways suggesting human use, or failing to comply with manufacturing or labeling requirements in sections 1004 through 1006; and (3) standards deeming such products misbranded if labeling or advertising is false or misleading, lacking specified label elements (e.g., manufacturer information, quantity, cannabinoid content per serving/package including cannabidiol and intoxicating cannabinoids, ingredients, allergen disclaimers, use instructions, and QR code or link to certificate of analysis), or failing prescribed label formatting. (Thus, the provisions subject cannabinoid hemp products—derived from hemp legalized under the 2018 farm bill—to FDA enforcement for safety, labeling, and manufacturing, including mandatory disclosures of cannabinoid levels and risks to vulnerable populations.)