S. 1698 — Introduced in Senate

II 117th CONGRESS 1st Session S. 1698 IN THE SENATE OF THE UNITED STATES May 19, 2021Mr. Wyden (for himself, Mr. Paul, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food. 1. Short title This Act may be cited as the Hemp Access and Consumer Safety Act. 2. Regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances (a) Inclusion in definition of dietary supplement Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) is amended in each of clauses (i) and (ii) by inserting (other than hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp) after an article. (b) Definition Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: (ss) The term hemp has the meaning given such term in section 297A(1) of the Agricultural Marketing Act of 1946. . (c) Prohibited act Section 301(ll) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) is amended, in the matter preceding subparagraph (1), by inserting (other than hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp) after made public. (d) Labeling Consistent with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Secretary of Health and Human Services may— (1) establish labeling and packaging requirements for dietary supplements and food that contain hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp; and (2) take additional enforcement actions with respect to products labeled as dietary supplements but not meeting the definition of such term in section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)), as amended by subsection (a).