CRN calls for consistent, harmonized CBD regulation between states based on federal frameworks

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The Council for Responsible Nutrition (CRN; Washington, D.C.) recently submitting comments regarding the Proposed Kentucky Administrative Regulation 902 KAR 45:190, hemp-derived cannabidiol products and labeling requirements. In its comments about the proposed legislation, CRN encourages Kentucky law makers to adopt hemp-related regulatory structures that are consistent with existing federal frameworks around dietary supplements. Such frameworks are the basis for new federal legislation such as that proposed by H.R. 8179, the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020.

If enacted, H.R. 8179 will direct that CBD be recognized as a lawful dietary ingredient irrespective of any other definitional hurdles in the federal Food, Drug & Cosmetic Act and will require that these CBD-containing products adhere to the same legal requirements for manufacturing, labeling, promotion and usage as any other dietary supplement. Congress is expected to entertain the proposed legislation early into the 117thsession, and CRN is working with Congress to get this legislation passed.

In the meantime, as states fill the void of federal regulation with their own laws and regulations, the result can be a patchwork of laws that may be burdensome on hemp-derived CBD businesses. More harmonized regulations between states would allow businesses to operate more efficiently across multiple states. This view is explained in greater detail in CRN’s white paper, “Hemp-Derived CBD Dietary Supplement Position.”

As such, CRN has recommended a number of revisions to Kentucky’s proposed regulation. Among these revisions is incorporating the definition of hemp that mirrors the Agriculture Improvement Act of 2018, as well as rewording and additional language that provide clarity regarding permits and product labeling. CRN’s full comments can be viewed here.