Regulation Updates for Cosmetics + Hemp

We know that consumers and everyone in the hemp industry have been watching the changing landscape of the hemp CBD regulation landscape. We want to share some updates.

 

USDA

On October 31, 2019 the USDA established the U.S. Domestic Hemp Production to establish a national regulatory framework for hemp production in the United States. Since the publication hemp that is produced in accordance with the U.S. Domestic Hemp Production Program and/or the Farm Bill may be certified as organic, if produced in accordance with USDA organic regulations.  The USDA’s interim final rule is effective October 31, 2019 through November 1, 2021.

Key takeaways from the new interim rule include:

 

  • Setting a means for hemp to be certified organic.
  • Labs must use post-decarboxylation or other similarly reliable methods approved by the Secretary. The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC) and the test result reflect the total available THC derived from the sum of the THC and THC-A content.
  • Guidelines for USDA- approved sampling agents, or a Federal, State or local law enforcement agent authorized by USDA may collect samples.
  • Laboratories approved for THC testing must also be registered with DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 CFR part 1301.13.

 

FDA

FDA Topical products, whether they use hemp CBD or not, fall under the FDA. Recently there was a hearing, entitled “Building Consumer Confidence by Empowering FDA to Improve Cosmetic Safety,” that was held by the committee’s Health Subcommittee. You can watch the hearing here. You can find a rundown of what happened during the hearing on Indie Business Network. The Coalition of Handcrafted Entrepreneurs also did a thorough recap of the hearing that can be read here.

In the hemp industry the FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD) offers insight into the FDAs regulation of Hemp CBD.

 

The SAFE Banking Act

H.R.1595 – Secure And Fair Enforcement Banking Act of 2019, also known as the SAFE Banking Act, passed the House on September 25, 2019.  The SAFE Banking Act prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate marijuana-related business. According to Senate Banking Committee Chairman Mike Crapo (R-Idaho), the Senate will vote on cannabis financial services legislation before the end of the year.

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