As FDA continues to contemplate potential regulatory pathways for hemp-derived CBD, an increasing number of states are moving forward with their own laws and policies aimed at regulating this popular product category, especially in the dietary supplement and food space.
Several states are imposing robust testing, labeling and registration requirements for these products—with more likely to follow—or restricting the sale of hemp and CBD-containing food and dietary supplements altogether, citing concerns about the absence of federal oversight.
Unfortunately for companies operating in this space, not all these state mandates are similar. Coupled with THC testing issues, many companies are faced with logistical challenges and supply chain headaches when it comes to navigating the various state regulations (and risks) for CBD and hemp products.
In addition to legalizing hemp and its derivatives, such as CBD, the legislation also directs USDA to create a regulatory framework for approving state-developed hemp plans as well as a federal plan for states that choose not to have primary oversight for the regulation of hemp.
Many states are currently in the process of developing hemp plans, which are primarily focused on the cultivation of hemp and related issues such as licensing hemp growers and THC testing. At the same time, they are also taking the opportunity to place restrictions or limits on the manufacture and distribution of finished products.
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