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Regulatory reports

CBD and food products in the US: FAQs

Written by CannIntelligence || 29th January 2020 || Regulatory reports | Food | Regulation and legislation | US federal regulation | Geographies North America United States

US regulation for CBD use in foods, as in other products, can seem complicated and daunting, not simply because it is regulated by two authorities (the Food and Drug Administration and the US Department of Agriculture), but also because on top of these two bodies, local rules and restrictions also apply. This invaluable Q&A covers the most important questions on the subject, providing clarity to a confusing subject.

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This article was written by one of CannIntelligence’s international correspondents. We currently employ more than 40 reporters around the world to cover individual cannabis and cannabinoid markets. For a full list, please see our Who We Are page.

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1 What general rules apply to food products in the US and what agency is in charge of their regulation? 2 Can I sell CBD-containing food products? What does the FDA think about it? 3 What about hemp-containing foods – which products are legal? 4 And what about hemp seed? 5 Is it possible to use the buds/flowers, and resins of hemp in food products? 6 Can a food product contain THC traces (i.e. up to 0.3%)? 7 If CBD is extracted from cannabis plants with more than 0.3% THC (i.e. not industrial hemp) in a state that allows recreational cannabis, can such food products be sold in all other states? 8 My state allows CBD food products – am I allowed to ship my CBD products across state lines? 9 What is the process to authorise a new food product in the US? 10 When will we know if CBD/hemp can be included in food products? 11 Are individual states allowing the sale of hemp or CBD foods? 12 CBD may help reduce inflammation – can I state that on my products? 13 What rules apply to the advertising of CBD and hemp-containing food products? 14 What about labelling rules? 15 Have any companies received warning letters from the FDA for selling CBD products? What does this mean? 16 Can I import CBD food products from other countries?

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