Hemp Access and Consumer Safety Act

II 117TH CONGRESS 1ST SESSION S. 1698 To allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food. IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Mr. WYDEN (for himself, Mr. PAUL, and Mr. MERKLEY) introduced the fol- lowing bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hemp Access and Con- 4 sumer Safety Act’’. 5 VerDate Sep 11 2014 02:26 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1698.IS S1698 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1698 IS SEC. 2. REGULATION OF HEMP-DERIVED CANNABIDIOL 1 AND HEMP-DERIVED CANNABIDIOL CON- 2 TAINING SUBSTANCES. 3 (a) INCLUSION IN DEFINITION OF DIETARY SUPPLE- 4 MENT.—Section 201(ff)(3)(B) of the Federal Food, Drug, 5 and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) is amended 6 in each of clauses (i) and (ii) by inserting ‘‘(other than 7 hemp, hemp-derived cannabidiol, or a substance con- 8 taining any other ingredient derived from hemp)’’ after 9 ‘‘an article’’. 10 (b) DEFINITION.—Section 201 of the Federal Food, 11 Drug, and Cosmetic Act (21 U.S.C. 321) is amended by 12 adding at the end the following: 13 ‘‘(ss) The term ‘hemp’ has the meaning given such 14 term in section 297A(1) of the Agricultural Marketing Act 15 of 1946.’’. 16 (c) PROHIBITED ACT.—Section 301(ll) of the Federal 17 Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) is 18 amended, in the matter preceding subparagraph (1), by 19 inserting ‘‘(other than hemp, hemp-derived cannabidiol, or 20 a substance containing any other ingredient derived from 21 hemp)’’ after ‘‘made public’’. 22 (d) LABELING.—Consistent with the Federal Food, 23 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Sec- 24 retary of Health and Human Services may— 25 VerDate Sep 11 2014 02:26 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1698.IS S1698 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1698 IS (1) establish labeling and packaging require- 1 ments for dietary supplements and food that contain 2 hemp, hemp-derived cannabidiol, or a substance con- 3 taining any other ingredient derived from hemp; and 4 (2) take additional enforcement actions with re- 5 spect to products labeled as dietary supplements but 6 not meeting the definition of such term in section 7 201(ff)(3)(B) of the Federal Food, Drug, and Cos- 8 metic Act (21 U.S.C. 321(ff)(3)(B)), as amended by 9 subsection (a). 10 Æ VerDate Sep 11 2014 02:26 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1698.IS S1698 kjohnson on DSK79L0C42PROD with BILLS