[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7212 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7212
To amend the Federal Food, Drug, and Cosmetic Act to provide for the
regulation of cannabinoid hemp products, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 22, 2026
Mr. Griffith (for himself and Mr. Veasey) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to provide for the
regulation of cannabinoid hemp products, 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 ``Hemp Enforcement, Modernization, and
Protection Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Cannabinoid hemp product regulation.
``Chapter X--Cannabinoid Hemp Products
``Sec. 1001. Definitions.
``Sec. 1002. Adulterated cannabinoid hemp products.
``Sec. 1003. Misbranded cannabinoid hemp products.
``Sec. 1004. Standards for oral cannabinoid hemp products.
``Sec. 1005. Standards for inhalable cannabinoid hemp products.
``Sec. 1006. Standards for topical cannabinoid hemp products.
``Sec. 1007. Minimum age of sale.
``Sec. 1008. Manufacturing and testing.
``Sec. 1009. Facility registration and product listing.
``Sec. 1010. Inspection of foreign cannabinoid hemp facilities.
``Sec. 1011. Mandatory recall authority.
``Sec. 1012. Applicable thresholds for cannabinoid content.
``Sec. 1013. Cannabinoid hemp products advisory committee.
Sec. 5. Enforcement.
Sec. 6. Rules of construction.
SEC. 3. DEFINITIONS.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321) is amended--
(1) in paragraph (ff)(1), by striking ``(other than
tobacco)'' and inserting ``(other than a cannabinoid hemp
product or tobacco)'';
(2) in paragraph (rr)(2), by striking ``or a combination
product described in section 503(g)'' and inserting ``a
combination product described in section 503(g), or a
cannabinoid hemp product under paragraph (uu)''; and
(3) by adding at the end the following:
``(tt)(1) The term `cannabinoid' means a chemical, regardless of
its source, that meets one or more of the following criteria:
``(A) A chemical belonging to any of the following chemical
subclasses, including any acid, acetate, salt, ester, ether,
derivative, or isomer thereof:
``(i) Cannabigerol.
``(ii) Cannabichromene.
``(iii) Cannabidiol.
``(iv) Delta-9 tetrahydrocannabinol.
``(v) Delta-8 tetrahydrocannabinol.
``(vi) Cannabicyclol.
``(vii) Cannabielsoin.
``(viii) Cannabinol.
``(ix) Cannabinodiol.
``(x) Cannabitriol.
``(xi) Any cannabinoid that is naturally found in,
or produced by, the plant Cannabis sativa L. but is of
a different chemical subclass than the subclasses
listed in subclauses (i) through (x).
``(xii) Any cannabinoid that is not naturally found
in or produced by the plant Cannabis sativa L. and can
only be created through synthetic means, such as
hexahydrocannabinol or tetrahydrocannabinol acetate.
``(B) Any chemical, regardless of origin or method of
production, that--
``(i) is equivalent in chemical structure to a
chemical referred to in clause (A); or
``(ii) has both a similar terpenophenolic chemical
structure and pharmacological effect to a chemical
referred to in clause (A).
``(C) Any chemical derived from a plant of the genus
Cannabis that is a CB-1 or CB-2 receptor agonist or partial
agonist.
``(D) Any chemical that the Secretary by regulation deems
to meet the criteria specified in clause (A), (B), or (C).
``(2) The Secretary shall--
``(A) maintain, and periodically update through publication
on the website of the Department of Health and Human Services,
a list of cannabinoid compounds that the Secretary has
determined meet the definition of cannabinoid as set forth in
subparagraph (1); and
``(B) not later than 1 year after the date of the enactment
of this paragraph, publish the initial list under clause (A).
``(uu)(1) The term `cannabinoid hemp product' means, except as
provided in subparagraph (2), any article, including its components or
parts, that contains or purports to contain one or more cannabinoids on
the list maintained by the Secretary under paragraph (tt)(2) that is
intended for use in or on the body of humans or animals.
``(2) The term `cannabinoid hemp product' does not include the
following:
``(A) A drug that is the subject of an application approved
under subsection (c) or (j) of section 505 or sections 512 or
571, or is an indexed drug under 572.
``(B) A drug that is the subject of an application that has
been authorized for investigation pursuant to section 505(i)
only to the extent it is being used for such investigation, or
a drug intended solely for investigational use that conforms to
the terms of an exemption in effect under section 512(j) only
to the extent it is being used for such investigation.
``(C) A drug that may lawfully be marketed pursuant to
section 505G.
``(D) A biological product that is subject to an approved
biologics license application under section 351 of the Public
Health Service Act or licensed under the virus, serum, toxin,
and analogous products provisions of the Act of Congress
approved March 4, 1913 (21 U.S.C. 151).
``(E) A device that may lawfully be marketed pursuant to
section 510(k), 513, or 515.
``(F) A food additive for which there is in effect a
regulation issued under section 409 prescribing the conditions
under which such additive may be safely used, if the additive's
use or intended use is in conformity with such regulation.
``(G) Any cannabis plant actively under cultivation that is
being cultivated in accordance with the requirements of
subtitle G of the Agricultural Marketing Act of 1946 (7 U.S.C.
1639o et seq.).
``(vv)(1) The term `inhalable cannabinoid hemp product' means a
cannabinoid hemp product intended to be delivered to the respiratory
tract by oral inhalation, such as by smoking, combusting, or
aerosolizing, and regardless of whether done through the use of a
device, including devices such as vaporizers.
``(2) Such term includes any component, part, or accessory thereof.
``(ww)(1) The term `oral cannabinoid hemp product' means a
cannabinoid hemp product intended for oral consumption through
ingestion, sublingual absorption, or buccal absorption.
``(2) Such term includes an edible product, a beverage, a tincture,
an oil, a tablet, a capsule, an oral pouch, a softgel, and a gelcap.
``(3) Such term does not include a topical product or product for
inhalation.
``(xx)(1) The term `prohibited cannabinoid product' means, except
as provided in subparagraph (2), any product for human or animal use
that meets one or more of the following criteria:
``(A) In the case of an oral cannabinoid hemp product, the
product contains or purports to contain an amount per serving
of total intoxicating cannabinoid content that exceeds the
applicable threshold specified under section 1012.
``(B) In the case of an oral cannabinoid hemp product, the
product contains or purports to contain an amount per package
or container of total intoxicating cannabinoid content that
exceeds the applicable threshold specified under section 1012.
``(C) In the case of a cannabinoid hemp product for
inhalation, the material to be inhaled in the product contains
or purports to contain more than 0.3 percent on a weight basis
of total intoxicating cannabinoid content in the product form
for its intended use.
``(D) In the case of a cannabinoid hemp product for
inhalation that is required under section 1005(e) to utilize a
prefilled, nonrefillable cartridge, the cartridge contains or
purports to contain an amount of total cannabinoid content that
exceeds the applicable threshold specified under section 1012.
``(E) In the case of a topical cannabinoid hemp product,
the product is, or is intended to be, systemically absorbed
through the skin.
``(F) In the case of a topical cannabinoid hemp product,
the product contains or purports to contain more than 0.3
percent on a weight basis.
``(G) The product contains, or purports to contain, a
cannabinoid of the type referred to in paragraph
(tt)(1)(A)(xii), or another cannabinoid that is not naturally
occurring in the plant Cannabis sativa L. or is produced by the
plant Cannabis sativa L. only through genetic engineering or
other manipulation of the plant.
``(H) The product is a cannabinoid hemp product that does
not meet the definition of an oral cannabinoid hemp product,
inhalable cannabinoid hemp product, or topical cannabinoid hemp
product.
``(I) The product is a cannabinoid hemp product intended
for, used in or on, food-producing animals.
``(2) The term `prohibited cannabinoid product' does not include--
``(A) any product specified in clauses (A) through (G) of
paragraph (uu)(2); and
``(B) marijuana as defined in section 102(16) of the
Controlled Substances Act.
``(yy) The term `topical cannabinoid hemp product' means a
cannabinoid hemp product intended to be applied externally to the body
or any part thereof.
``(zz) The term `total intoxicating cannabinoid content' means the
total amount of all chemicals present in a cannabinoid hemp product
that satisfy any of the following:
``(1) The chemicals meet the criteria of subclause (iv) or
(v) of paragraph (tt)(1)(A).
``(2) The chemicals are deemed by the Secretary under
paragraph (tt)(1)(D) as meeting the criteria specified in
paragraph (tt)(1)(B) by reference to--
``(A) chemicals meeting the criteria of subclause
(iv) or (v) of paragraph (tt)(1)(A); or
``(B) hexahydrocannabinols or tetrahydrocannabinols
meeting the criteria specified in paragraph
(tt)(1)(A)(xii).
``(3) Any other chemical that--
``(A) the Secretary has deemed to be a cannabinoid
under paragraph (tt)(1)(D); and
``(B) has, or is marketed to have, a
pharmacological effect that is similar to--
``(i) chemicals meeting the criteria of
subclause (iv) or (v) of paragraph (tt)(1)(A);
or
``(ii) hexahydrocannabinols or
tetrahydrocannabinols meeting the criteria
specified in paragraph (tt)(1)(A)(xii).''.
SEC. 4. CANNABINOID HEMP PRODUCT REGULATION.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended--
(1) by redesignating chapter X as chapter XI;
(2) by redesignating sections 1001 through 1014 as sections
1101 through 1114;
(3) in section 505(n)(2), by striking ``section 1004'' and
inserting ``section 1104'';
(4) in section 516(a), in the matter following paragraph
(2), by striking ``section 1006'' and inserting ``section
1106'';
(5) in section 704(g)(13), by striking ``section 1003(g)''
and inserting ``section 1103(g)'';
(6) in subsection (a)(5)(A) of section 1109 (as
redesignated by paragraph (2)), by striking ``section 1008''
and inserting ``section 1108''; and
(7) by inserting after chapter IX the following:
``CHAPTER X--CANNABINOID HEMP PRODUCTS
``SEC. 1001. DEFINITIONS.
``For the purposes of this chapter:
``(1) Adverse event.--The term `adverse event' means any
health-related event associated with a cannabinoid hemp product
that is adverse.
``(2) Derivative.--The term `derivative' includes chemical
modifications of substances, including chemical modifications
of substances obtained from cannabis.
``(3) Facility.--The term `facility' includes any
establishment (including an establishment of an importer) that
manufactures, processes, labels, or imports cannabinoid hemp
products.
``(4) Responsible person.--The term `responsible person'
means the manufacturer, packer, or distributor of a cannabinoid
hemp product whose name appears on the label of such product.
``(5) Serious adverse event.--The term `serious adverse
event' means an adverse event that results in--
``(A) death;
``(B) a life-threatening adverse event;
``(C) inpatient hospitalization or prolongation of
existing hospitalization;
``(D) a persistent or significant disability or
incapacity;
``(E) a congenital anomaly or birth defect; or
``(F) a serious medical event that requires, based
on reasonable medical judgment, a medical or surgical
intervention to prevent an outcome described in
subparagraphs (A) through (E).
``SEC. 1002. ADULTERATED CANNABINOID HEMP PRODUCTS.
``A cannabinoid hemp product shall be deemed to be adulterated if--
``(1) it consists in whole or in part of any filthy,
putrid, or decomposed substance, or is otherwise contaminated
by any added poisonous or added deleterious substance that may
render the product injurious to health;
``(2) it has been prepared, packed, or held under
insanitary conditions whereby it may have been contaminated
with filth, or whereby it may have been rendered injurious to
health;
``(3) its package is composed, in whole or in part, of any
poisonous or deleterious substance which may render the
contents injurious to health;
``(4) its content of total cannabinoids exceeds any limit
set forth in section 201(xx);
``(5) it is a cannabinoid hemp product intended for, or to
be used in or on, food-producing animals;
``(6) it contains any added substance, such as alcohol,
caffeine, tobacco, nicotine, or melatonin, or another substance
with effects that could interact with cannabinoids or enhance
or alter their effects as determined by the Secretary by order;
``(7) it is an oral cannabinoid hemp product and it bears
or contains any food additive that is unsafe within the meaning
of section 409;
``(8) it is intended for use in animals and--
``(A) is also intended for use by humans;
``(B) is an inhalable cannabinoid hemp product; or
``(C) is sold in a place or in a manner such that a
member of the general public under customary conditions
of purchase would believe it will be used by humans;
``(9) 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, or refuses to permit
entry or inspection;
``(10) in the case of an oral cannabinoid hemp product, it
fails to comply with the requirements of subsection (a) or (c)
of section 1004;
``(11) in the case of an inhalable cannabinoid hemp
product, it fails to comply with the requirements of subsection
(a), (b), (c), (d), (e), (g), or (h) of section 1005; or
``(12) in the case of a topical cannabinoid hemp product,
it fails to comply with the requirements of section 1006.
``SEC. 1003. MISBRANDED CANNABINOID HEMP PRODUCTS.
``A cannabinoid hemp product shall be deemed misbranded if--
``(1) its labeling is false or misleading in any
particular;
``(2) its advertising or promotion is false or misleading
in any particular;
``(3) it is in package form unless it bears a label
containing--
``(A) the name, place of business, and contact
information of the manufacturer, packer, or
distributor;
``(B) an accurate statement of the quantity of the
contents in terms of weight, measure, and numerical
count;
``(C) a statement on the front of the product
packaging indicating that the product is a cannabinoid
hemp product;
``(D) in the case of an oral cannabinoid hemp
product--
``(i) the serving size; and
``(ii) the number of servings per
container;
``(E) the ingredients;
``(F) the content per serving and per package of--
``(i) cannabidiol, even if absent; and
``(ii) total naturally occurring
intoxicating cannabinoid content, even if
absent;
``(G) the content of all cannabinoids other than
those specified in clause (F), if present above a
specified level, per serving and per package;
``(H) for products intended for human use, a
disclaimer of the presence in the product of any major
food allergen, processing aid, or compound, which the
Secretary may, by order, require to be disclosed;
``(I) a disclaimer of known risks to special
populations, including children, those who are pregnant
or breastfeeding, and those taking drugs known to
interact with the product;
``(J) a quick response (QR) code, any other
scannable mechanism, or internet address that leads to
a web page with testing results for the cannabinoid
hemp product in the form of a certificate of analysis;
``(K) clear instructions of use, if applicable; and
``(L) information about how to report adverse
events;
``(4) it is in package form unless it bears a label
formatted in such manner as the Secretary may prescribe by
order;
``(5) it exceeds dose limits or otherwise does not meet the
standards specified in section 1004;
``(6) the Secretary has issued orders requiring that its
labeling bear adequate directions for use, or adequate warnings
against use by children, that are necessary for the protection
of users, unless its labeling conforms in all respects to such
orders;
``(7) any word, statement, or other information required by
or under authority of this Act to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the general
public under customary conditions of purchase and use;
``(8) its labeling does not include a disclaimer of risks
posed by the specific cannabinoid contained or purported to be
contained in the product, including the risk of drug test
failure;
``(9) its labeling does not include a disclaimer that the
Food and Drug Administration has not determined the product to
be safe or effective for treating any condition;
``(10) its labeling does not include a statement that the
product is not required to meet standards for foods or dietary
supplements;
``(11) its labeling makes a claim regarding the product's
effect (or lack thereof) on the structure or any function of
the body of humans or other animals;
``(12) it is in package form and the product packaging does
not meet the requirements of section 1700.15 of title 16, Code
of Federal Regulations (or any successor regulations);
``(13) it is in package form containing multiple servings
that are not in prepacked servings unless such packaging
includes one or more indicators or barriers to entry which, if
breached or missing, can reasonably be expected to provide
visible evidence to consumers that tampering has occurred;
``(14) it is in package form intended for use by humans,
and it contains product packaging features imitating images
popularly used to advertise to children or otherwise market to
anyone under 21 years of age, including--
``(A) labeling depicting or in the shape of
characters (real or imaginary), animals, vehicles,
cartoons, candy, or fruit; and
``(B) brightly colored products and packaging;
``(15) it is in package form intended for use in animals,
and its label and labeling do not contain prominently placed,
conspicuous--
``(A) warnings that the product should not be used
by humans; and
``(B) statements that the product is intended for
use in animals, including any such statements
specifying the intended species;
``(16)(A) it was manufactured, processed, packed, labeled,
imported, or held by or in an establishment not duly registered
under section 1009(a);
``(B) it was not included in a list required by section
1009(b); or
``(C) it was manufactured, processed, packed, labeled,
imported, or held by or in an establishment for which the
registration was suspended under section 1009(d) and the
registration has not been reinstated;
``(17) there was a failure or refusal to furnish any
material or information required by section 1008;
``(18) it is labeled as a dietary supplement, or otherwise
purports to be a dietary supplement;
``(19) in the case of an oral cannabinoid hemp product, it
fails to comply with the requirements of section 1004(b);
``(20) in the case of an inhalable cannabinoid hemp
product, it fails to comply with the requirements of section
1005(f);
``(21) in the case of a topical cannabinoid hemp product,
it fails to comply with the requirements of section 1006; or
``(22) any word, statement, or other information required
by or under this Act to appear on the label or labeling is not
in compliance with any formatting requirements as the Secretary
may specify by order.
``SEC. 1004. STANDARDS FOR ORAL CANNABINOID HEMP PRODUCTS.
``(a) Additional Requirements.--An oral cannabinoid hemp product
shall be subject to the requirements of this section, in addition to
any other requirements of this Act applicable to cannabinoid hemp
products.
``(b) Serving Size and Content Limits.--
``(1) Oral cannabinoid hemp products.--An oral cannabinoid
hemp product shall contain no more than the amount of total
cannabinoids or of specified individual cannabinoids per
serving and per package as the Secretary may specify by
regulation under section 1012.
``(2) Package containing multiple servings of oral
cannabinoid hemp products.--If a package contains multiple
servings of oral cannabinoid hemp products, the contents shall
be divided and separated from each other into portions
equivalent to one serving.
``(3) Liquid containers.--Liquid containers of oral
cannabinoid hemp products shall--
``(A) contain only one serving; or
``(B) include with such container a convenient
device for measuring servings, such as a dropper or
measuring cup.
``(c) Labeling Standards for Oral Cannabinoid Hemp Products.--
``(1) Front-of-package labeling.--An oral cannabinoid hemp
product shall include prominent labeling on the front of the
product packaging clearly indicating that it is a cannabinoid
hemp product.
``(2) Standardized information panel.--The Secretary may
prescribe by order a standardized format, label panel, or
identifying symbols under which label information required
under this subsection and section 1003 shall be displayed.
``(d) Tamper-Evident and Child Safety Packaging.--The Secretary may
issue orders to establish requirements for tamper-evident and child
safety packaging for oral cannabinoid hemp products.
``SEC. 1005. STANDARDS FOR INHALABLE CANNABINOID HEMP PRODUCTS.
``(a) Additional Requirements.--An inhalable cannabinoid hemp
product shall be subject to the requirements of this section, in
addition to any other requirements of this Act applicable to
cannabinoid hemp products.
``(b) Sourcing.--An inhalable cannabinoid hemp product shall not
contain, nor shall any ingredient or substance used in an inhalable
cannabinoid hemp product contain, a pesticide chemical residue that is
at a level greater than is specified by any tolerance under this Act or
under the Federal Insecticide, Fungicide, and Rodenticide Act.
``(c) Ingredients and Additives.--An inhalable cannabinoid hemp
product shall not include any of the following:
``(1) Any added terpene or flavoring agent unless such
terpene or flavoring agent is designated by the Secretary by
order as being both--
``(A) naturally occurring in the plant Cannabis
sativa L.; and
``(B) not posing an unreasonable risk to the public
health.
``(2) Any amount of total or specific naturally occurring
terpene or flavoring agent that exceeds the concentration
limits as set forth by the Secretary by order.
``(3) Any ingredient that is not a cannabinoid, or is not
derived from the plant Cannabis sativa L., unless--
``(A) the Secretary has, by order, established a
level at which such ingredient may permissibly be added
to inhalable cannabinoid hemp products without posing
an unreasonable risk to the public health; and
``(B) the ingredient is added in accordance with
such order.
``(d) Solvents and Extraction Methods Used in Manufacturing.--An
inhalable cannabinoid hemp product shall not be manufactured using any
solvent, extraction method, or other means of production unless the
Secretary has designated by order that such solvent, extraction method,
or other means of production is permissible because it poses no
unreasonable risk to the public health. With respect to any solvent so
permitted to be used in the manufacturing process, the Secretary may,
by order, limit the amount of residual solvent.
``(e) Components, Parts, and Accessories.--A component, part, or
accessory of an inhalable cannabinoid hemp product shall--
``(1) not present an unreasonable risk to the public
health;
``(2) meet each of the standards established by the
Secretary by order, including standards regarding--
``(A) the types of materials determined to be
permissible for use as a component, part, or accessory
of such a product;
``(B) the permissible level of one or more
leachable substances from such a component, part, or
accessory;
``(C) specifications related to the heating,
burning, or combusting of any such materials; or
``(D) specifications for temperature controls; or
``(3) meet any standard (or a portion of such standard)
established by a third-party, standard-setting entity for which
the Secretary publishes an order adopting such standard (or
portion).
``(f) Prefilled and Nonrefillable Cartridges or Devices.--
``(1) In general.--Except for an inhalable cannabinoid hemp
product described in paragraph (2), any inhalable cannabinoid
hemp product, including an oil, concentrate, or extract (such
as a resinous extract or secretion of the plant Cannabis sativa
L.), that is marketed or intended for use via aerosolization
shall be sold in a cartridge or device that is prefilled and
nonrefillable.
``(2) Exception.--Paragraph (1) shall not apply with
respect to an inhalable cannabinoid hemp product that consists
of whole cannabis inflorescence processed only through
trimming, drying, curing, or grinding, or a combination of such
methods.
``(g) Labeling Standards for Inhalable Cannabinoid Hemp Products.--
``(1) In general.--The label of an inhalable cannabinoid
hemp product shall prominently display in boldface type a
warning statement determined appropriate by the Secretary.
``(2) Prefilled, nonrefillable cartridges or devices.--Any
cartridge or device described in subsection (f)(1) shall, in
addition to the statement described in paragraph (1), bear a
standardized mark or symbol (in such manner as may be specified
by the Secretary by order) on the label identifying the
cartridge or device as containing cannabinoids.
``(h) Additional Content Limits.--In addition to any other
applicable content limits, a cartridge or device described in
subsection (f)(1) shall contain not more total cannabinoid content than
the applicable threshold specified under section 1012.
``(i) Pre-Market Notification.--
``(1) New products.--Except as specified in paragraph (2),
not later than 90 days before introducing or delivering for
introduction into interstate commerce an inhalable cannabinoid
hemp product, a person seeking to so introduce or deliver such
product and who is required to register under section 1009
shall report to the Secretary (in such form and manner as the
Secretary shall prescribe) the product's formulation and
labeling.
``(2) Existing products.--In the case of a person described
in paragraph (1) who is the responsible person with respect to
an inhalable cannabinoid hemp product that, as of the date of
the enactment of the Hemp Enforcement, Modernization, and
Protection Act, has been introduced or delivered for
introduction into interstate commerce, such person shall report
to the Secretary (in such form and manner as the Secretary
shall prescribe), the product's formulation and labeling not
later than 60 days after such date of enactment.
``(j) Labeling Standards for Inhalable Cannabinoid Hemp Products.--
``(1) Front-of-package labeling.--An inhalable cannabinoid
hemp product shall include prominent labeling on the front of
the product packaging clearly indicating that it is a
cannabinoid hemp product.
``(2) Standardized information panel.--The Secretary may
prescribe by order a standardized format, label panel, or
identifying symbols under which label information required
under this subsection and section 1003 shall be displayed.
``(k) Tamper-Evident and Child Safety Packaging.--The Secretary may
issue orders to establish requirements for tamper-evident and child
safety packaging for inhalable cannabinoid hemp products.
``SEC. 1006. STANDARDS FOR TOPICAL CANNABINOID HEMP PRODUCTS.
``(a) Additional Requirements.--A topical cannabinoid hemp product
shall be subject to the requirements of this section, in addition to
any other requirements of this Act applicable to cannabinoid hemp
products.
``(b) Content Limits for Topical Cannabinoid Hemp Products.--A
topical cannabinoid hemp product shall contain not more than the amount
of total cannabinoids per package, or such other amount of total
cannabinoids, or of specified individual cannabinoids per package, as
the Secretary may specify under section 1012.
``(c) Labeling Standards for Topical Cannabinoid Hemp Products.--
``(1) Front-of-package labeling.--A topical cannabinoid
hemp product shall include prominent labeling on the front of
the product packaging clearly indicating that it is a
cannabinoid hemp product.
``(2) Standardized information panel.--The Secretary may
prescribe by order a standardized format, label panel, or
identifying symbols under which label information required
under this subsection and section 1003 shall be displayed.
``(d) Tamper-Evident and Child Safety Packaging.--The Secretary may
issue orders to establish requirements for tamper-evident and child
safety packaging for topical cannabinoid hemp products.
``SEC. 1007. MINIMUM AGE OF SALE.
``It shall be unlawful for any retailer to sell a cannabinoid hemp
product to any person younger than 21 years of age.
``SEC. 1008. MANUFACTURING AND TESTING.
``(a) Uniform Requirements.--Cannabinoid hemp products shall be
subject to uniform manufacturing and testing requirements established
by order by the Secretary that shall include--
``(1) specifications for key components, potential
contaminants, and cannabinoid content; and
``(2) any other manufacturing and testing standards the
Secretary determines necessary.
``(b) Standards Developed by Appropriate Standard-Setting Bodies.--
In establishing requirements under subsection (a), the Secretary may
recognize and rely upon standards developed by appropriate standard-
setting bodies that have relevant expertise and are subject to third-
party auditing.
``(c) Inspection of Records.--The Secretary may inspect records as
necessary to demonstrate compliance with manufacturing and testing
requirements under this section.
``SEC. 1009. FACILITY REGISTRATION AND PRODUCT LISTING.
``(a) Registration.--
``(1) In general.--Any facility engaged in manufacturing,
processing, packing, importing, labeling, or holding
cannabinoid hemp products for consumption in the United States
shall be registered with the Secretary. To be registered--
``(A) in the case of a domestic facility, the
owner, operator, or agent in charge of the facility
shall submit a registration to the Secretary; and
``(B) in the case of a foreign facility, the owner,
operator, or agent in charge of the facility shall--
``(i) submit a registration to the
Secretary; and
``(ii) include with the registration the
name of the United States agent for the
facility.
``(2) Registration.--
``(A) Contents.--An entity (referred to in this
section as the `registrant') shall submit a
registration under paragraph (1) to the Secretary
containing--
``(i) information necessary to notify the
Secretary of the name, address, and telephone
number of each facility at which, and all trade
names under which, the registrant conducts
business;
``(ii) the email address and telephone
number for the contact person of the facility
or, in the case of a foreign facility, the
United States agent for the facility;
``(iii) the general activities conducted,
including with respect to each cannabinoid hemp
product category manufactured, processed,
packed, or held at such facility;
``(iv) the facility registration number, if
any, previously assigned by the Secretary;
``(v) all brand names under which products
manufactured, processed, or packaged in the
facility are sold; and
``(vi) such other information as the
Secretary may require.
``(B) Inspection.--A registration under paragraph
(1) shall contain an assurance that the Secretary will
be permitted to inspect the facility at the times and
in the manner permitted by this Act.
``(C) Time and manner of submission.--A
registration under paragraph (1) shall be submitted at
such time and in such manner as the Secretary may
prescribe.
``(3) Initial registration.--
``(A) Existing facilities.--Every person that, on
the date of the enactment of the Hemp Enforcement,
Modernization, and Protection Act, owns or operates a
facility that engages in the manufacturing, processing,
packing, importing, labeling, or holding of a
cannabinoid hemp product for distribution in the United
States shall register such facility with the Secretary
not later than 1 year after such date of enactment.
``(B) New facilities.--Every person that owns or
operates a facility that engages in the manufacturing,
processing, packing, or holding of a cannabinoid hemp
product for distribution in the United States shall
register with the Secretary such facility within 60
days of first engaging in such activity or 60 days
after the deadline for registration under subparagraph
(A), whichever is later.
``(4) Biennial registration renewal.--A person required to
register a facility under paragraph (1) shall renew such
registrations with the Secretary biennially.
``(5) Procedure.--At the time of the initial registration
of any facility under paragraph (3), the Secretary shall assign
a facility registration number to the facility. Upon receipt of
a completed registration described in paragraph (1), the
Secretary shall notify the registrant of the receipt of such
registration.
``(6) Up-to-date list.--The Secretary shall compile and
maintain an up-to-date list of facilities that are registered
under this section. Such list and any registration documents
submitted pursuant to this subsection shall not be subject to
disclosure under section 552 of title 5, United States Code.
Information derived from such list or registration documents
shall not be subject to disclosure under section 552 of title
5, United States Code, to the extent that such information
discloses the identity or location of a specific registered
person.
``(b) Cannabinoid Hemp Product Listing.--
``(1) In general.--For each cannabinoid hemp product, the
responsible person shall submit to the Secretary a cannabinoid
hemp product listing, or ensure that such submission is made,
at such time and in such manner as the Secretary may prescribe.
``(2) Listing.--
``(A) In general.--Not later than 120 days after
the first day on which a cannabinoid hemp product
(other than an inhalable cannabinoid hemp product) is
marketed, the responsible person for such product shall
submit to the Secretary a cannabinoid hemp product
listing for such product, except as provided in
subparagraph (B).
``(B) Currently marketed products.--In the case of
a cannabinoid hemp product (other than an inhalable
cannabinoid hemp product), that was marketed before the
date of the enactment of the Hemp Enforcement,
Modernization, and Protection Act, or that is first
marketed within 245 days after such date of enactment,
the responsible person shall submit to the Secretary a
cannabinoid hemp product listing not later than 1 year
after such date of enactment.
``(C) Inhalable cannabinoid hemp products.--
``(i) In general.--Not later than 90 days
after the first day on which an inhalable
cannabinoid hemp product is marketed, the
responsible person for such product shall
submit to the Secretary a cannabinoid hemp
product listing for such product, except as
provided in clause (ii).
``(ii) Currently marketed inhalable
cannabinoid hemp products.--In the case of an
inhalable cannabinoid hemp product that was
marketed before the date of the enactment of
the Hemp Enforcement, Modernization, and
Protection Act, or that is first marketed
within 455 days after such date of enactment,
the responsible person shall submit to the
Secretary a cannabinoid hemp product listing
not later than 1 year after such date of
enactment.
``(D) Updates.--A responsible person for a
cannabinoid hemp product shall, beginning one year
after the date on which such cannabinoid hemp product
is first listed under subparagraph (A), (B), or (C),
submit to the Secretary an update of such listing on an
annual basis.
``(3) Contents of listing.--
``(A) In general.--Each listing under paragraph (1)
shall include--
``(i) the facility registration number of
each facility where the cannabinoid hemp
product is manufactured or processed;
``(ii) the name and contact number of the
responsible person;
``(iii) the name of the cannabinoid hemp
product, as such name appears on the label;
``(iv) the name and contact number of the
person submitting the listing;
``(v) an electronic copy of the label, and
an electronic copy of the package insert, if
any;
``(vi) a list of ingredients, and the
amount of cannabinoids, in the cannabinoid hemp
product;
``(vii) the product listing number, if any,
previously assigned by the Secretary;
``(viii) whether the product is an oral
cannabinoid hemp product, inhalable cannabinoid
hemp product, or topical cannabinoid hemp
product; and
``(ix) any other information as the
Secretary may by order require.
``(B) Flexible listings.--A single listing
submission under paragraph (1) for a cannabinoid hemp
product may include multiple cannabinoid hemp products
with identical formulations, or formulations that
differ only with respect to flavors or quantity of
contents.
``(C) Updates.--A responsible person that is
required to submit a cannabinoid hemp product listing
under paragraph (1) shall submit any updates to such
listing annually.
``(D) Optional inclusion in facility
registration.--A responsible person may submit a
listing required by paragraph (1) as part of a facility
registration or separately.
``(c) Facility Registration and Product Listing Numbers.--At the
time of the initial registration of any facility or initial listing of
any cannabinoid hemp product, the Secretary shall assign--
``(1) a facility registration number to the facility; and
``(2) product listing numbers for the listed products.
``(d) Suspensions.--
``(1) Suspension of registration of a facility.--The
Secretary may suspend the registration of a facility under this
section if the Secretary--
``(A) determines that a cannabinoid hemp product
manufactured, processed, packed, or held by such
facility and distributed in the United States has a
reasonable probability of causing serious adverse
health consequences or death to humans or other
animals; and
``(B) has a reasonable belief that other products
manufactured, processed, packed, or held by such
facility may be similarly affected because of a failure
that--
``(i) cannot be isolated to a product or
products; or
``(ii) is sufficiently pervasive to raise
concerns about other products manufactured,
processed, packed, or held in the facility.
``(2) Notice of suspension.--Before suspending a facility
registration under this section, the Secretary shall provide--
``(A) notice to the registrant or other responsible
person, as appropriate, of the intent to suspend the
facility registration, which notice shall specify the
basis of the determination by the Secretary that the
facility registration should be suspended; and
``(B) an opportunity, within 5 business days of
providing the notice under subparagraph (A), for the
responsible person to provide a plan for addressing the
reasons for possible suspension of the facility
registration.
``(3) Hearing of suspension.--The Secretary shall--
``(A) provide the registrant subject to a notice of
suspension under paragraph (2) with an opportunity for
an informal hearing, to be held as soon as possible but
not later than 5 business days after the issuance of
the notice, or such other time period agreed upon by
the Secretary and the registrant, on the actions
required for reinstatement of registration and why the
registration that is subject to the suspension should
be reinstated; and
``(B) reinstate the registration if the Secretary
determines, based on evidence presented, that adequate
grounds do not exist to continue the suspension of the
registration.
``(4) Post-hearing corrective action plan.--If, after
providing opportunity for an informal hearing, the Secretary
determines that the suspension of registration remains
necessary, the Secretary shall--
``(A) require the registrant to submit a corrective
action plan to demonstrate how the registrant plans to
correct the conditions found by the Secretary; and
``(B) review such plan not later than 14 business
days after the submission of the plan or such other
time period as determined by the Secretary, in
consultation with the registrant.
``(5) Vacating of order; reinstatement.--Upon a
determination by the Secretary that adequate grounds do not
exist to continue the suspension of a facility's registration
under this subsection, the Secretary shall promptly vacate the
suspension and reinstate the registration of the facility.
``(6) Effect of suspension.--If the registration of the
facility is suspended under this section, no person shall--
``(A) export or import cannabinoid hemp products
into the United States from such facility;
``(B) offer to export or import cannabinoid hemp
products into the United States from such facility; or
``(C) otherwise introduce or deliver for
introduction into interstate commerce cannabinoid hemp
products from such facility.
``SEC. 1010. INSPECTION OF FOREIGN CANNABINOID HEMP FACILITIES.
``(a) Inspection.--The Secretary--
``(1) may enter into arrangements and agreements with
foreign governments to facilitate the inspection of foreign
facilities registered under section 1009; and
``(2) shall direct resources to inspections of foreign
facilities, suppliers, and cannabinoid hemp products,
especially such facilities, suppliers, and cannabinoid hemp
products that present a high risk (as identified by the
Secretary), to help ensure the safety and security of the
supply of such products in the United States.
``(b) Effect of Inability To Inspect.--Notwithstanding any other
provision of law, a cannabinoid hemp product shall be refused admission
into the United States if it is from a foreign factory, warehouse, or
other establishment of which the owner, operator, or agent in charge,
or the government of the foreign country, refuses to permit entry of
United States inspectors or other individuals duly designated by the
Secretary, upon request, to inspect such factory, warehouse, or other
establishment. For purposes of this subsection, such an owner,
operator, or agent in charge shall be considered to have refused an
inspection if such owner, operator, or agent in charge does not permit
an inspection of a factory, warehouse, or other establishment during
the 24-hour period after such request is submitted, or after such other
time period, as agreed upon by the Secretary and the foreign factory,
warehouse, or other establishment.
``SEC. 1011. MANDATORY RECALL AUTHORITY.
``(a) In General.--If the Secretary determines that there is a
reasonable probability that a cannabinoid hemp product is adulterated
under section 1002 or misbranded under section 1003 and the use of or
exposure to such cannabinoid hemp product will cause serious adverse
health consequences or death, the Secretary shall provide the
responsible person with an opportunity to voluntarily cease
distribution and recall such article. If the responsible person refuses
to or does not voluntarily cease distribution or recall such
cannabinoid hemp product within the time and manner prescribed by the
Secretary (if so prescribed), the Secretary may, by order, require, as
the Secretary determines necessary, such person to immediately cease
distribution of such article.
``(b) Hearing.--The Secretary shall provide the responsible person
who is subject to an order under subsection (a) with an opportunity for
an informal hearing, to be held not later than 10 days after the date
of issuance of the order, on whether adequate evidence exists to
justify the order.
``(c) Order Resolution.--After an order is issued according to the
process under subsections (a) and (b), the Secretary shall, except as
provided in subsection (d)--
``(1) vacate the order, if the Secretary determines that
inadequate grounds exist to support the actions required by the
order;
``(2) continue the order ceasing distribution of the
cannabinoid hemp product until a date specified in such order;
or
``(3) amend the order to require a recall of the
cannabinoid hemp product, including any requirements to notify
appropriate persons, a timetable for the recall to occur, and a
schedule for updates to be provided to the Secretary regarding
such recall.
``(d) Action Following Order.--Any person who is subject to an
order pursuant to paragraph (2) or (3) of subsection (c) shall
immediately cease distribution of or recall, as applicable, the
cannabinoid hemp product and provide notification as required by such
order.
``(e) Notice to Persons Affected.--If the Secretary determines
necessary, the Secretary may require the person subject to an order
pursuant to subsection (a) or an amended order pursuant to paragraph
(2) or (3) of subsection (c) to provide either a notice of a recall
order for, or an order to cease distribution of, such cannabinoid hemp
product, as applicable, under this section to appropriate persons,
including persons who manufacture, distribute, import, or offer for
sale such product that is the subject of an order and to the public.
``(f) Public Notification.--In conducting a recall under this
section, the Secretary shall--
``(1) ensure that a press release is published regarding
the recall, and that alerts and public notices are issued, as
appropriate, in order to provide notification--
``(A) of the recall to consumers and retailers to
whom such cannabinoid hemp product was, or may have
been, distributed; and
``(B) that includes, at a minimum--
``(i) the name of the cannabinoid hemp
product subject to the recall;
``(ii) a description of the risk associated
with such article; and
``(iii) to the extent practicable,
information for consumers about similar
cannabinoid hemp products that are not affected
by the recall; and
``(2) ensure publication, as appropriate, on the website of
the Food and Drug Administration of an image of the cannabinoid
hemp product that is the subject of the press release described
in paragraph (1), if available.
``(g) Delegation.--The authority conferred by this section to order
a recall or vacate a recall order shall not be delegated to any officer
or employee other than the Commissioner, or an individual at or above
the level of individuals empowered to approve a drug (such as division
directors within the Center for Drug Evaluation and Research).
``(h) Effect.--Nothing in this section shall affect the authority
of the Secretary to request or participate in a voluntary recall, or to
issue an order to cease distribution or to recall under any other
provision of this chapter.
``SEC. 1012. APPLICABLE THRESHOLDS FOR CANNABINOID CONTENT.
``(a) In General.--The Secretary shall issue a rule specifying--
``(1) the applicable thresholds for the content limits of
total cannabinoid content in inhalable cannabinoid hemp
products, oral cannabinoid hemp products, and topical
cannabinoid hemp products for such products; and
``(2) the applicable thresholds for the content limits of
total intoxicating cannabinoid content in oral cannabinoid hemp
products.
``(b) Timing.--The Secretary shall--
``(1) not later than 60 days after the date of the
enactment of the Hemp Enforcement, Modernization, and
Protection Act, publish in the Federal Register a notice of
proposed rulemaking with respect to the content limits referred
to in subsection (a); and
``(2) not later than 3 years after such date of enactment,
finalize the rule specified in such subsection.
``(c) Failure To Timely Finalize Final Rule.--If the Secretary
fails to finalize the rule specified in subsection (a) within the 3-
year period specified in subsection (b)(2), the applicable threshold
specified in this section shall be the following:
``(1) With respect to section 1004(b), 10 milligrams per
serving, and 50 milligrams per package.
``(2) With respect to section 1005(h), 100 milligrams per
serving, and 500 milligrams per package.
``(3) With respect to section 1006(b), 100 milligrams per
serving, and 500 milligrams per package.
``(4) With respect to subparagraph (A) of section
201(xx)(1), 5 milligrams per serving, and with respect to
subparagraph (B) of such section, 30 milligrams per package or
container.
``SEC. 1013. CANNABINOID HEMP PRODUCTS ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Cannabinoid Hemp Products Advisory
Committee (in this section referred to as the `Advisory Committee').
``(b) Membership.--
``(1) In general.--
``(A) Members.--The Secretary shall appoint as
members of the Advisory Committee individuals who--
``(i) are technically qualified by training
and experience in medicine, medical ethics,
science, or technology involving the
manufacture, evaluation, or use of cannabinoid
hemp products; and
``(ii) are of appropriately diversified
professional backgrounds.
``(B) Composition.--The membership of the Advisory
Committee shall be composed of 16 individuals,
represented as follows:
``(i) 3 individuals representing the Food
and Drug Administration.
``(ii) 7 individuals who are physicians,
scientists, or health care professionals
practicing in the area of oncology,
pulmonology, cardiology, toxicology,
pharmacology, addiction, or any other relevant
specialty.
``(iii) 1 individual who is an officer or
employee of a State or local government or of
the Federal Government.
``(iv) 1 individual as a representative of
the general public.
``(v) 1 individual with experience as a
State regulator for Cannabis sativa L.
``(vi) 1 individual as a representative of
the interests of the Cannabis sativa L.
manufacturing industry.
``(vii) 1 individual as a representative of
the interests of the small business cannabinoid
hemp product manufacturing industry, which
position may be filled on a rotating,
sequential basis by representatives of
different small business cannabinoid hemp
product manufacturers based on areas of
expertise relevant to the topics being
considered by the Advisory Committee.
``(viii) 1 individual as a representative
of the interests of the Cannabis sativa L.
growers.
``(C) Nonvoting members.--The members of the
Advisory Committee described in clauses (vi), (vii),
and (viii) of subparagraph (B) shall serve as
consultants to those described in clauses (i) through
(iv) of subparagraph (B) and shall be nonvoting
representatives.
``(D) Conflicts of interest.--No members of the
Advisory Committee, other than members described in
clauses (vi), (vii), and (viii) of subparagraph (B)
shall, during the member's tenure on the committee or
for the 18-month period prior to becoming such a
member, receive any salary, grants, or other payments
or support from any business that manufactures,
distributes, markets, or sells cigarettes or other
tobacco products.
``(2) Chairperson.--The Secretary shall designate 1 of the
members described in clauses (ii), (iii), (iv), and (v) of
paragraph (1)(B) to serve as chairperson.
``(c) Duties.--The Cannabinoid Products Advisory Committee shall
provide advice, information, and recommendations to the Secretary--
``(1) as provided in this chapter;
``(2) on the limits (in milligrams) of total cannabinoid
content allowed in cannabinoid hemp products, and categories
thereof; and
``(3) on the limits (in milligrams) of total intoxicating
cannabinoid content allowed in cannabinoid hemp products, and
categories thereof, to be established pursuant to section 1012.
``(d) Compensation; Support; Chapter 10 of Title 5.--
``(1) Compensation and travel.--Members of the Advisory
Committee who are not officers or employees of the United
States, while attending conferences or meetings of the
committee or otherwise engaged in its business, shall be
entitled to receive compensation at rates to be fixed by the
Secretary, which may not exceed the daily equivalent of the
rate in effect under the Senior Executive Schedule under
section 5382 of title 5, for each day (including travel time)
they are so engaged; and while so serving away from their homes
or regular places of business each member may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5 for persons in the
Government service employed intermittently.
``(2) Administrative support.--The Secretary shall furnish
the Advisory Committee clerical and other assistance.
``(3) Nonapplication of chapter 10 of title 5.--Section
1013 of title 5 does not apply to the Advisory Committee.
``(e) Proceedings of Advisory Committees.--The Advisory Committee
shall make and maintain a transcript of any proceeding of the Advisory
Committee. Each such committee shall delete from any transcript made
under this subsection information which is exempt from disclosure under
section 552(b) of title 5.
``(f) Report to Congress.--The Advisory Committee shall report to
Congress annually on--
``(1) any changes to the limits under section 1012 the
Advisory Committee recommends; and
``(2) any other information the Advisory Committee
determines necessary to carry out this chapter.''.
(b) Effective Date.--This section and the amendments made by this
section shall apply with respect to cannabinoid hemp products
introduced or delivered for introduction into interstate commerce on or
after the date of the enactment of this Act.
SEC. 5. ENFORCEMENT.
(a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended--
(1) in paragraphs (a), (b), (c), (g), (h), and (k) by
inserting ``cannabinoid hemp product,'' before ``or cosmetic''
each place such term appears;
(2) in paragraph (e), by striking ``or 920'' and inserting
``920, or 1011'';
(3) in paragraph (ll)--
(A) in the matter preceding subparagraph (1), by
striking ``or a drug or a biological product for which
substantial clinical investigations have been
instituted and for which the existence of such
investigations has been made public'' and inserting ``a
drug or a biological product for which substantial
clinical investigations have been instituted and for
which the existence of such investigations has been
made public, or a cannabinoid hemp product'';
(B) in subparagraph (3)(E), by striking ``or'' at
the end;
(C) in subparagraph (4), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(5) the finished product is a cannabinoid hemp product
that conforms with the requirements of this Act.''; and
(4) by adding at the end the following:
``(jjj)(1) The introduction or delivery for introduction into
interstate commerce of a prohibited cannabinoid product;
``(2) the receipt in interstate commerce of a prohibited
cannabinoid product, and the delivery or proffered delivery thereof for
pay or otherwise;
``(3) the doing of any act with respect to an article, if such act
is done while such article is held for sale (whether or not the first
sale) after shipment in interstate commerce and results in such article
being a prohibited cannabinoid product;
``(4) the holding for sale or distribution in interstate commerce
of a prohibited cannabinoid product;
``(5) the sale by a retailer of a cannabinoid hemp product to any
person younger than 21 years of age in violation of section 1007; or
``(6) the failure to adhere to uniform manufacturing and testing
requirements in accordance with section 1008.
``(kkk) The refusal or failure to follow an order under section
1011.''.
(b) Enhanced Criminal Penalties.--Section 303(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at
the end the following:
``(9) Enhanced Criminal Penalties.--Notwithstanding subsection (a),
any person who knowingly violates section 301(jjj) shall be imprisoned
for not more than 10 years or fined in accordance with title 18, United
States Code, or both.''.
(c) Seizure.--Section 304 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 334) is amended--
(1) in subsection (a)(2)--
(A) by striking ``and (H)'' and inserting ``(H)'';
and
(B) by inserting before the period at the end the
following: ``, (I) Any adulterated or misbranded
cannabinoid hemp product, and (J) Any prohibited
cannabinoid product'';
(2) in subsection (d)(1)--
(A) by inserting ``cannabinoid hemp product,''
before ``or cosmetic''; and
(B) in the last sentence, by inserting ``an article
in violation of section 301(jjj) or'' after ``by reason
of its being''; and
(3) in subsection (g)--
(A) in paragraph (1)--
(i) by striking the first sentence and
inserting the following: ``If during an
inspection conducted under section 704 of a
facility or a vehicle, a device, cannabinoid
hemp product, or tobacco product, which the
officer or employee making the inspection has
reason to believe is adulterated or misbranded
is found in such facility or vehicle, or the
officer or employee making the inspection has
reason to believe the product is a prohibited
cannabinoid product, such officer or employee
may order the device, cannabinoid hemp product,
prohibited cannabinoid hemp product, or tobacco
product detained (in accordance with
regulations prescribed by the Secretary) for a
reasonable period which may not exceed twenty
days unless the Secretary determines that a
period of detention greater than twenty days is
required to institute an action under
subsection (a) or section 302, in which case he
may authorize a detention period of not to
exceed thirty days.''; and
(ii) in each of the second, third, and
fourth sentences, by striking ``device or
tobacco product'' each place it appears and
inserting ``device, cannabinoid hemp product,
prohibited cannabinoid product, or tobacco
product''; and
(B) in paragraph (2)(A), in the matter preceding
clause (i), by striking ``device or tobacco product''
and inserting ``device, cannabinoid hemp product,
prohibited cannabinoid product, or tobacco product''.
(d) Food Additives.--Section 409(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348(a)) is amended by adding at the end of the
matter following paragraph (3) the following: ``A food bearing or
containing a cannabinoid hemp product that meets the requirements of
chapter X shall not, by reason of bearing or containing such a
cannabinoid hemp product, be considered adulterated under section
402(a)(1).''.
SEC. 6. RULES OF CONSTRUCTION.
Except as expressly provided in this Act (or the amendments made by
this Act), nothing in this Act (or such amendments) shall be construed
as modifying or limiting--
(1) any applicable provision of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) or the Public Health
Service Act (42 U.S.C. 201 et seq.); or
(2) the authority of the Secretary of Health and Human
Services or the Commissioner of Food and Drugs under such Acts.
<all>