Brands & Products

State Regulation of CBD Food and Beverages Still in Flux

Moving into year two of FDA’s evaluation of the potential regulatory frameworks for CBD, the states have emerged as the key regulators of this popular ingredient. States like California, Georgia and Maryland have remained steadfast in adopting FDA’s current position that CBD cannot be added to food or beverages, but in the past year, several states have plowed forward with their own regulatory frameworks for CBD-containing food and beverages.

Moving into year two of FDA’s evaluation of the potential regulatory frameworks for CBD, the states have emerged as the key regulators of this popular ingredient. States like California, Georgia and Maryland have remained steadfast in adopting FDA’s current position that CBD cannot be added to food or beverages, but in the past year, several states have plowed forward with their own regulatory frameworks for CBD-containing food and beverages.

While it remains unclear whether FDA will ultimately allow the use of CBD as a food ingredient, it is more important than ever that marketers of CBD-containing food and beverages monitor the growing number of states with testing, labeling and registration requirements for these products, especially as some states begin enforcing these requirements.

Colorado appears to have been the first state to regulate CBD and other hemp derivatives as food ingredients. Although not as detailed (or onerous) as other states, Colorado has a policy that “establishes the allowance for and conditions that must be adhered to for IH [industrial hemp] to be utilized in food.” This includes basic labeling requirements for hemp food products, sourcing requirements and registration for in-state hemp product manufacturers, extractors, processors and storage facilities.

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