[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10079 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10079
To provide for the regulation of hemp-derived beverages, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 10, 2026
Ms. Van Duyne (for herself and Mr. Landsman) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the regulation of hemp-derived beverages, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beverage Regulatory Parity Act''.
SEC. 2. REGULATION OF HEMP BY SECRETARY OF AGRICULTURE.
(a) In General.--Notwithstanding the hemp amendments, the per-
container limit on intoxicating cannabinoid content established by such
amendments shall not apply to any hemp-derived beverage manufactured,
distributed, labeled, advertised, or sold in accordance with the
serving requirements for intoxicating tetrahydrocannabinol content
under section 4(l)(3).
(b) Protection of Intermediate Hemp-Derived Cannabinoid Products.--
Notwithstanding the hemp amendments, intermediate hemp-derived
cannabinoid products, as defined in paragraph (3)(B) of section 297A of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), as proposed to
be amended by the hemp amendments, may temporarily contain a total
tetrahydrocannabinol concentration that exceeds the level specified in
section 4(l)(3) during the ordinary course of the manufacture or
processing of a hemp-derived beverage, if such hemp-derived cannabinoid
product--
(1) is used exclusively for the manufacture of a hemp-
derived beverage in compliance with this Act,
(2) remains exclusively with persons issued a permit under
section 4(c) by the Tax and Trade Bureau to manufacture the
material and is in good standing with respect to such permit,
(3) is only marketed, sold, or transferred to a person
issued a permit under section 4(c) by the Tax and Trade Bureau
to manufacture hemp-derived beverages in final form,
(4) is not for consumer use, and
(5) contains not more than 20 percent total
tetrahydrocannabinols (including tetrahydrocannabinolic acid)
by weight.
(c) Definitions.--For purposes of this section--
(1) Hemp amendments.--The term ``hemp amendments'' means
the amendments to section 297A of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1639o) made by section 781 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agency Appropriations Act, 2026 (Public Law 119-
37).
(2) Applicability of section 4(l).--Except as otherwise
provided, any term used in this section which is also used in
section 4(l) shall have the same meaning as when used in such
section.
(d) Effective Date.--This section shall take effect on the date of
the enactment of this Act, and shall apply notwithstanding any
effective date specified in the hemp amendments.
SEC. 3. REGULATION OF HEMP-DERIVED BEVERAGES BY SECRETARY OF HEALTH AND
HUMAN SERVICES.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 425. HEMP-DERIVED BEVERAGES.
``(a) In General.--Except as specified in subsection (b), hemp-
derived beverages shall be considered a food and shall be regulated by
the Secretary under this chapter.
``(b) Not Adulterated.--A hemp-derived beverage shall not be
considered adulterated within the meaning of section 402 on the basis
of containing a naturally-occurring cannabinoid as an ingredient so
long as such hemp-derived beverage does not violate section 402(j).
``(c) Recall Authority.--The Secretary shall prescribe a process
for the recall of hemp-derived beverages which are determined to be
adulterated under section 402(j).
``(d) Applicability of Other Provisions.--A naturally-occurring
cannabinoid contained in a hemp-derived beverage shall not be
considered a drug or biological product for purposes of section
301(ll).
``(e) Definitions.--The terms `hemp-derived beverage' and
`naturally-occurring cannabinoid' have the meanings given such terms in
section 4(l) of the Beverage Regulatory Parity Act.''.
(b) Adulteration.--Section 402 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the
following new subsection:
``(j) If it is a hemp-derived beverage; and--
``(1) its naturally-occurring cannabinoid content exceeds
the maximum allowable amount established under section 4(l)(3)
of the Beverage Regulatory Parity Act;
``(2) it contains more than a trace amount (as defined in
section 4(l)(14) of the Beverage Regulatory Parity Act) of a
cannabinoid that is not a naturally-occurring cannabinoid (as
defined in section 4(l)(4) of such Act);
``(3) it contains any added substance, such as alcohol,
caffeine, tobacco, nicotine, or melatonin, which, when combined
with cannabinoids, could interact with such cannabinoids or
enhance or alter the effects of such cannabinoids in a manner
that is harmful to the consumer, as determined by the
Secretary; or
``(4) it has been manufactured, processed, packed, or held
in any factory, warehouse, or establishment and the owner,
operator, or agent of such factory, warehouse, or establishment
delays, denies, or limits an inspection of such factory,
warehouse, or establishment.''.
(c) Misbranding.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following new subsection:
``(z) If it is a hemp-derived beverage; and--
``(1) it is labeled or advertised in violation of the
requirements established under subsection (d) or (e) of section
4 of the Beverage Regulatory Parity Act;
``(2) it was manufactured or distributed by a person who
has not been issued a permit under section 4(c) of such Act; or
``(3) it does not adhere to the uniform manufacturing and
testing requirements established by the Administrator of the
Tax and Trade Bureau under section 4(c)(2)(A) of such Act.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. REGULATION OF HEMP-DERIVED BEVERAGES BY ADMINISTRATOR OF TAX
AND TRADE BUREAU.
(a) In General.--Hemp-derived beverages shall be regulated under
this section by the Secretary of the Treasury, acting through the
Administrator, in consultation with the Secretary of Health and Human
Services and the Commissioner of Food and Drugs.
(b) Three-Tiered Distribution System.--The Administrator shall
prescribe regulations to establish and implement a three-tiered
distribution system for hemp-derived beverages as follows:
(1) Tier 1: manufacturers.--A manufacturer of hemp-derived
beverages, subject to the issuance of a permit under subsection
(c), may sell or transfer such beverages to a wholesaler of
hemp-derived beverages, but not to a retailer of hemp-derived
beverages.
(2) Tier 2: wholesalers.--A wholesaler of hemp-derived
beverages, subject to the issuance of a permit under subsection
(c), may only--
(A) purchase such beverages from a manufacturer of
hemp-derived beverages, and
(B) sell or transfer such beverages to a retailer
or trade buyer of hemp-derived beverages.
(3) Tier 3: retailers.--A retailer of hemp-derived
beverages may purchase such beverages from a wholesaler of
hemp-derived beverages, but not from a manufacturer of hemp-
derived beverages.
(c) Permits.--
(1) In general.--For purposes of the three-tiered
distribution system under subsection (b), the Administrator
shall issue such regulations or other guidance for hemp-derived
beverages (which are consistent with the regulations and
guidance issued under section 104 of the Federal Alcohol
Administration Act (27 U.S.C. 204)) as may be necessary or
appropriate to issue, suspend, and revoke permits.
(2) Special rules.--
(A) Manufacturers.--No manufacturer may be issued a
permit under this section unless such person is
certified by the Administrator (at such time and in
such manner as the Administrator determines
appropriate) to be in compliance with such hemp-derived
beverage cannabinoid content, contaminant, key
component, sourcing, uniform manufacturing and testing,
laboratory sample submission, record retention, and
facility inspection requirements as the Administrator,
in consultation with relevant agencies determined by
the Administrator, shall prescribe.
(B) Involvement in different tiers
simultaneously.--No person may hold permits as both a
manufacturer of hemp-derived beverages and as a
wholesaler of hemp-derived beverages, and no person may
hold any interest, directly or indirectly, in more than
one tier with respect to the three-tiered distribution
system under subsection (b).
(d) Labeling.--
(1) In general.--It shall be unlawful for any person to--
(A) introduce or deliver for introduction, into
interstate commerce, any hemp-derived beverage that
does not conform to such packaging, marking, branding,
labeling, and size and fill requirements as are
prescribed by the Administrator, or
(B) alter, mutilate, destroy, obliterate, or remove
any mark, brand, or label upon any hemp-derived
beverage that is held for sale in interstate or foreign
commerce or after shipment therein, except as
authorized by Federal law or except pursuant to
regulations authorizing relabeling for purposes of
compliance with the requirements of this Act or of
State law.
(2) Specific labeling requirements.--In prescribing the
requirements described in paragraph (1)(A), the Administrator
shall ensure that such requirements--
(A) prohibit statements, marks, graphics, or other
images which are deceptive, false, misleading, obscene,
indecent, disparaging of a competitor's product, or
designed to target or appeal to children,
(B) provide consumers with information with respect
to the identity, quality, naturally-occurring
cannabinoid content, net contents, manufacturer, and
country of origin of any hemp-derived beverage,
(C) create uniform labeling panels, identifying
symbols, or marks that identify hemp-derived beverages
that contain intoxicating tetrahydrocannabinol as
containing intoxicating naturally-occurring
cannabinoids, and
(D) provide conspicuous notice--
(i) of the number of servings and
milligrams of each naturally-occurring
cannabinoid within any hemp-derived beverage,
(ii) of the known risks to special
populations (including children, those who are
pregnant, and those prescribed medications) of
consuming hemp-derived beverages,
(iii) of the impact of hemp-derived
beverages on an individual's faculties
(including the operation of machinery and
automobiles),
(iv) of directions for use, including--
(I) the recommended manner and rate
of consumption of hemp-derived
beverages, and
(II) the expected period of time
before the onset of any effects
following consumption of hemp-derived
beverages,
(v) of the requirement to be 21 years of
age or older to possess, consume, or purchase
hemp-derived beverages, and
(vi) that the consumption of hemp-derived
beverages may cause a consumer to fail a drug
test for marijuana.
(3) Consistency with federal alcohol administration act.--
The requirements prescribed under paragraph (1)(A) shall be
consistent with those prescribed with respect to distilled
spirits, wine, or malt beverages under section 105(e) of the
Federal Alcohol Administration Act (27 U.S.C. 205(e)).
(e) Advertising.--
(1) In general.--It shall be unlawful for any person to
publish or disseminate by any means (including by mail, radio
broadcast, newspaper, television or streaming content, website
sponsorship content, social media, indoor or outdoor signage,
or other printed or graphic materials) any advertisement with
respect to any hemp-derived beverage--
(A) in violation of such requirements as the
Administrator shall prescribe, and
(B) which is an intermediate hemp-derived
cannabinoid product (as defined in paragraph (3)(B) of
section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o), as proposed to be amended by the hemp
amendments (as defined in section 2(c))).
(2) Limitation.--The requirements prescribed under
paragraph (1)(A) shall not be more restrictive than those
prescribed with respect to distilled spirits, wine, or malt
beverages under section 105(f) of the Federal Alcohol
Administration Act (27 U.S.C. 205(f)).
(f) Penalties.--Any person who violates any requirement described
in subsection (c), (d), or (e) or under chapter IV of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), shall be guilty of a
misdemeanor and upon conviction thereof be fined $1,000 for each
offense. For purposes of the preceding sentence, in the case of any
retailer of hemp-derived beverages, each hemp-derived beverage sold in
violation of any such requirement shall be treated as a separate
violation.
(g) Unfair Competition and Unlawful Practices.--
(1) In general.--Except as otherwise provided by the
Administrator, a manufacturer or wholesaler of any hemp-derived
beverage shall be subject to the provisions of subsections (a)
through (d) of section 105 of the Federal Alcohol
Administration Act (27 U.S.C. 205). For purposes of the
preceding sentence--
(A) such subsections shall apply to transactions
between a retailer or trade buyer in any State and a
manufacturer or wholesaler of hemp-derived beverages
outside such State only to the extent that the law of
such State imposes similar requirements with respect to
similar transactions between a retailer or trade buyer
in such State and a manufacturer or wholesaler of hemp-
derived beverages in such State, as the case may be,
and
(B) subsections (a) through (c) of such Act shall
not apply to any agency of a State or political
subdivision thereof, or to any officer or employee of
such agency.
(2) Minimum age of sale.--It shall be unlawful for any
retailer to sell any hemp-derived beverage to any person
younger than 21 years of age.
(3) Penalties.--Any person who violates any of the
provisions described in paragraph (1) or (2)--
(A) shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not more than $1,000
for all violations adjudicated in a single proceeding,
and
(B) shall forfeit to the United States all hemp-
derived beverages with respect to which the violation
occurs.
(h) Unlawful Purchase.--It shall be unlawful for any person younger
than 21 years of age to purchase, possess, or consume any hemp-derived
beverage.
(i) State and Local Authorities.--
(1) In general.--The shipment, transportation, or
importation into any State, political subdivision thereof, or
territory of an Indian Tribe, for delivery or use therein of
any hemp-derived beverage, in violation of the laws thereof, is
hereby prohibited. Nothing in this Act shall be construed to
preempt, displace, or limit the authority of any State,
political subdivision thereof, or Indian Tribe to enact and
enforce laws and regulations governing the production,
manufacture, importation, distribution, sale, possession,
transportation, or consumption of hemp-derived beverages within
its jurisdiction, including laws that are more stringent than,
equivalent to, or that prohibit altogether the activities
permitted under this Act.
(2) Legal receipt.--The shipment or transportation of any
hemp-derived beverage to a final destination in a State,
political subdivision thereof, or territory of an Indian Tribe
is permissible, provided the receipt, possession, sale, or use
of such beverage is authorized in such State, political
subdivision thereof, or territory of the Indian Tribe.
(3) Legal transshipment.--Notwithstanding paragraph (1), no
State, political subdivision thereof, or Indian Tribe shall
prohibit the transportation or shipment of any hemp-derived
beverages through such State, political subdivision thereof, or
Indian Tribe's territory, if the point of origin of, and final
destination for, the hemp-derived beverages are outside of such
State, political subdivision thereof, or territory of the
Indian Tribe.
(4) Savings clauses.--
(A) Advertising and warnings.--Nothing in this
subsection shall preempt any State, political
subdivision thereof, or Indian Tribe requirement
regarding advertising, marketing, point-of-sale
display, or consumer labeling that is more restrictive
than this Act, unless the product being advertised is
prohibited or unlawful in such jurisdiction.
(B) Product liability.--Nothing in this Act shall
be construed to modify or otherwise affect any action
or the liability of any person under the product
liability or consumer-protection law of any State.
(j) Reporting Requirements.--
(1) Congress.--
(A) In general.--Not later than one year following
the date of the enactment of this Act, and annually
thereafter, the Administrator shall submit to the
appropriate Congressional committees a report on the
implementation, and recommendations for the
improvement, of this Act.
(B) Appropriate congressional committees.--For
purposes of subparagraph (A), the term ``appropriate
Congressional committees'' means--
(i) the Committees on Ways and Means and
Energy and Commerce of the House of
Representatives, and
(ii) the Committees on Finance, Health,
Education, Labor, and Pensions, and Commerce,
Science, and Transportation of the Senate.
(2) Food and drug administration.--
(A) In general.--Not later than one year following
the date of the enactment of this Act, the Secretary of
Health and Human Services shall commission a report by
the Commissioner of Food and Drugs, in consultation
with the appropriate officials, on hemp-derived
beverages.
(B) Content.--The report described in subparagraph
(A) shall include recommendations with respect to--
(i) proper testing of hemp-derived
beverages,
(ii) measuring and distinguishing faculty
impairment due to the use of hemp-derived
beverages (including with respect to the
operation of a motor vehicle), and
(iii) serving sizes, and the appropriate
amount of delta-9 tetrahydrocannabinol
contained within such serving sizes, with
respect to hemp-derived beverages.
(C) Appropriate officials.--For purposes of
subparagraph (A), the term ``appropriate officials''
means--
(i) the Administrator of the National
Highway Traffic Safety Administration,
(ii) the Director of the National
Institutes of Health,
(iii) the Director of the National
Institute of Standards and Technology, and
(iv) the Administrator.
(k) Regulations.--The Administrator, in consultation with the
Secretary of Health and Human Services and the Commissioner of Food and
Drugs, shall prescribe such regulations or other guidance as may be
necessary or appropriate to carry out the purposes of this Act,
including with respect to--
(1) product tracking, and
(2) adjusting serving and container sizes established under
paragraphs (3) and (6) of subsection (l) based on the content
of the report authorized under subsection (j)(2).
(l) Definitions.--For purposes of this section--
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Tax and Trade Bureau.
(2) Hemp.--The term ``hemp'' has the meaning given such
term in section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o), as amended by section 781 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agency Appropriations Act, 2026 (Public Law 119-37), except
that in applying such term with respect to hemp-derived
beverages, subclause (III) of section 297A(1)(C)(iv) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)(C)(iv)),
as so amended by such section 781, shall not apply.
(3) Hemp-derived beverage.--The term ``hemp-derived
beverage'' means a non-alcoholic liquid beverage intended for
human consumption that--
(A) contains one or more naturally-occurring
cannabinoids,
(B) does not contain any naturally-occurring
cannabinoids extracted, sourced, or processed from hemp
plants cultivated outside of the United States,
(C) does not contain any synthetically-derived
cannabinoids or other intoxicating molecules or
compounds, or any molecules or compounds that are
structurally identical or intended to mimic the effects
of an intoxicating molecule or compound,
(D) is a final product intended for sale to a
consumer,
(E) is packaged and labeled within the United
States,
(F) is not a tincture, isolate, powder, or
distillate,
(G) does not contain more than 5 milligrams of
total intoxicating tetrahydrocannabinol content per
serving,
(H) is not intended to be consumed, labeled, or
advertised as a dietary supplement (as defined in
section 201(ff) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(ff))),
(I) does not contain more than 5 milligrams of non-
tetrahydrocannabinol naturally-occurring cannabinoids,
and
(J) does not contain a drug that is the subject of
an application approved under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) or section 351 of the Public Health
Service Act (42 U.S.C. 262).
(4) Naturally-occurring cannabinoid.--
(A) In general.--The term ``naturally-occurring
cannabinoid'' means, with respect to a hemp-derived
beverage, a cannabinoid from hemp that is--
(i) delta-9 tetrahydrocannabinol, provided
it is not synthetically-derived,
(ii) cannabidiol,
(iii) cannabigerol, or
(iv) any other related molecule that the
Administrator, in consultation with the
Secretary of Health and Human Services,
determines to meet the criteria to be
established under paragraph (2) to be
considered hemp.
(B) Inclusions.--Such term includes cannabinoids
listed under section 781(3) of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agency Appropriations Act, 2026 (Public Law 119-37).
(C) Exclusion.--Such term does not include
marijuana (as defined in section 102(16) of the
Controlled Substances Act (21 U.S.C. 802(16))).
(5) Synthetically-derived cannabinoid.--
(A) In general.--The term ``synthetically-derived
cannabinoid'' means a cannabinoid that is--
(i) not naturally produced by a Cannabis
sativa L. plant,
(ii) capable of being naturally produced by
a Cannabis sativa L. plant, but was
synthesized, manufactured, chemically
converted, isomerized, or otherwise produced
outside the living plant through human
intervention, including processes involving
solvents, catalysts, or laboratory equipment,
or
(iii) produced via total synthesis from
non-Cannabis sativa L. starting materials
regardless of whether the starting materials
were derived from a Cannabis sativa L. plant or
any other plant.
(B) Exclusions.--A cannabinoid shall not be
considered a synthetically-derived cannabinoid under
subparagraph (A) on the sole basis that the cannabinoid
was produced using routine extraction, decarboxylation,
filtration, distillation for purification,
winterization, and other standard purification
processes.
(6) Serving.--The term ``serving'' means, with respect to a
hemp-derived beverage--
(A) in the case of a single-use container of such
beverage, 12 fluid ounces, and
(B) in the case of a multiple-serving container of
such beverage, the total volume of which equals 750
milliliters, 1.5 fluid ounces.
(7) Manufacturer.--The term ``manufacturer'' means any
person who manufactures hemp-derived beverages.
(8) Manufacture.--The term ``manufacture'' means, with
respect to hemp-derived beverages, to produce, create, blend,
infuse, emulsify, bottle, package, or otherwise engage in the
process of the creation of such hemp-derived beverages.
(9) Wholesaler.--The term ``wholesaler'' means any person
who distributes hemp-derived beverages.
(10) Distribute.--The term ``distribute'' means, with
respect to hemp-derived beverages, to purchase such hemp-
derived beverages for resale at wholesale, or to receive, sell,
offer or deliver for sale, contract to sell, or ship in
interstate commerce, directly or indirectly or through an
affiliate, such hemp-derived beverages so purchased.
(11) Retailer.--The term ``retailer'' means any person
engaged in the sale of hemp-derived beverages to consumers.
(12) Product tracking.--The term ``product tracking''
means, with respect to hemp-derived beverages, tracking the
supply chain from the cultivation of the naturally-occurring
cannabinoid to the final product intended for sale.
(13) Trade buyer.--The term ``trade buyer'' means any
person who is a wholesaler or retailer.
(14) Trace amount.--The term ``trace amount'' means, with
respect to hemp-derived beverages, an amount that--
(A) is not intentionally added by the manufacturer,
(B) is not synthetically-derived,
(C) is incidental to the manufacturing of such
beverage, and
(D) does not affect such beverage's
tetrahydrocannabinol potency or intoxicating effect on
the consumer.
SEC. 5. IMPOSITION OF TAX ON HEMP-DERIVED BEVERAGES.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 56--HEMP-DERIVED BEVERAGES
``Sec. 5901. Imposition of tax.
``SEC. 5901. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed a tax on any hemp-
derived beverage produced in the United States.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall, with respect to any hemp-derived beverage, be equal to 8 cents
per milligram of intoxicating tetrahydrocannabinol content within such
beverage.
``(c) Time of Attachment.--The tax imposed by subsection (a) shall
be determined as of the time of removal for consumption or sale from
the premises of the manufacturer.
``(d) Definitions.--Any term used in this section which is also
used in section 4(l) of the Beverage Regulatory Parity Act shall have
the same meaning as when used in such Act.
``(e) Method of Collection.--The tax imposed by subsection (a)
shall be collected, pursuant to regulations prescribed by the
Secretary, in a manner similar to that of section 5061.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. Hemp-derived Beverages.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to hemp-derived beverages produced after the date of
the enactment of this Act.
SEC. 6. SEVERABILITY.
If any provision of this Act is held invalid, the remainder of the
Act shall not be affected.
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