,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gbab ,,in ,,the ,,house ,,of ,,representatives ,january #bb1 #bjbf,mr4 ,griffith 7for himself and ,mr4 ,veasey7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to provide for the regulation of cannabinoid hemp products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hemp ,enforcement1 ,modernization1 and ,protection ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,sec4 #d4 ,cannabinoid hemp product regulation4,chapter ,x--,cannabinoid ,hemp ,products,sec4 #ajja4 ,definitions4,sec4 #ajjb4 ,adulterated cannabinoid hemp products4,sec4 #ajjc4 ,misbranded cannabinoid hemp products4,sec4 #ajjd4 ,standards for oral cannabinoid hemp products4,sec4 #ajje4 ,standards for inhalable cannabinoid hemp products4,sec4 #ajjf4 ,standards for topical cannabinoid hemp products4,sec4 #ajjg4 ,minimum age of sale4,sec4 #ajjh4 ,manufacturing and testing4,sec4 #ajji4 ,facility registration and product listing4,sec4 #ajaj4 ,inspection of foreign cannabinoid hemp facilities4,sec4 #ajaa4 ,mandatory recall authority4,sec4 #ajab4 ,applicable thresholds for cannabinoid content4,sec4 #ajac4 ,cannabinoid hemp products advisory committee4,sec4 #e4 ,enforcement4,sec4 #f4 ,rules of construction4 #c4 ,definitions ,section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 is amended-- 7#a7 in paragraph 7ff77#a71 by striking 7other than tobacco7 and inserting 7other than a cannabinoid hemp product or tobacco72 7#b7 in paragraph 7rr77#b71 by striking or a combination product described in section #ejc7;g7 and inserting a combination product described in section #ejc7;g71 or a cannabinoid hemp product under paragraph 7uu72 and 7#c7 by adding at the end the following3 7tt7 7#a7 ,the term cannabinoid means a chemical1 regardless of its source1 that meets one or more of the following criteria3 7,a7 ,a chemical belonging to any of the following chemical subclasses1 including any acid1 acetate1 salt1 ester1 ether1 derivative1 or isomer thereof3 7i7 ,cannabigerol4 7ii7 ,cannabichromene4 7iii7 ,cannabidiol4 7iv7 ,delta-#i tetrahydrocannabinol4 7v7 ,delta-#h tetrahydrocannabinol4 7vi7 ,cannabicyclol4 7vii7 ,cannabielsoin4 7viii7 ,cannabinol4 7ix7 ,cannabinodiol4 7x7 ,cannabitriol4 7xi7 ,any cannabinoid that is naturally found in1 or produced by1 the plant ,cannabis sativa ,l4 but is of a different chemical subclass than the subclasses listed in subclauses 7i7 through 7x74 7xii7 ,any cannabinoid that is not naturally found in or produced by the plant ,cannabis sativa ,l4 and can only be created through synthetic means1 such as hexahydrocannabinol or tetrahydrocannabinol acetate4 7,b7 ,any chemical1 regardless of origin or method of production1 that-- 7i7 is equivalent in chemical structure to a chemical referred to in clause 7,a72 or 7ii7 has both a similar terpenophenolic chemical structure and pharmacological effect to a chemical referred to in clause 7,a74 7,c7 ,any chemical derived from a plant of the genus ,cannabis that is a ,,cb-#a or ,,cb-#b receptor agonist or partial agonist4 7,d7 ,any chemical that the ,secretary by regulation deems to meet the criteria specified in clause 7,a71 7,b71 or 7,c74 7#b7 ,the ,secretary shall-- 7,a7 maintain1 and periodically update through publication on the website of the ,department of ,health and ,human ,services1 a list of cannabinoid compounds that the ,secretary has determined meet the definition of cannabinoid as set forth in subparagraph 7#a72 and 7,b7 not later than #a year after the date of the enactment of this paragraph1 publish the initial list under clause 7,a74 7uu7 7#a7 ,the term cannabinoid hemp product means1 except as provided in subparagraph 7#b71 any article1 including its components or parts1 that contains or purports to contain one or more cannabinoids on the list maintained by the ,secretary under paragraph 7tt77#b7 that is intended for use in or on the body of humans or animals4 7#b7 ,the term cannabinoid hemp product does not include the following3 7,a7 ,a drug that is the subject of an application approved under subsection 7c7 or 7j7 of section #eje or sections #eab or #ega1 or is an indexed drug under #egb4 7,b7 ,a drug that is the subject of an application that has been authorized for investigation pursuant to section #eje7;i7 only to the extent it is being used for such investigation1 or a drug intended solely for investigational use that conforms to the terms of an exemption in effect under section #eab7;j7 only to the extent it is being used for such investigation4 7,c7 ,a drug that may lawfully be marketed pursuant to section #eje;,g4 7,d7 ,a biological product that is subject to an approved biologics license application under section #cea of the ,public ,health ,service ,act or licensed under the virus1 serum1 toxin1 and analogous products provisions of the ,act of ,congress approved ,march #d1 #aiac 7#ba ,u4,s4,c4 #aea74 7,e7 ,a device that may lawfully be marketed pursuant to section #eaj7k71 #eac1 or #eae4 7,f7 ,a food additive for which there is in effect a regulation issued under section #dji prescribing the conditions under which such additive may be safely used1 if the additive's use or intended use is in conformity with such regulation4 7,g7 ,any cannabis plant actively under cultivation that is being cultivated in accordance with the requirements of subtitle ,g of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio et seq474 7vv7 7#a7 ,the term inhalable cannabinoid hemp product means a cannabinoid hemp product intended to be delivered to the respiratory tract by oral inhalation1 such as by smoking1 combusting1 or aerosolizing1 and regardless of whether done through the use of a device1 including devices such as vaporizers4 7#b7 ,such term includes any component1 part1 or accessory thereof4 7ww7 7#a7 ,the term oral cannabinoid hemp product means a cannabinoid hemp product intended for oral consumption through ingestion1 sublingual absorption1 or buccal absorption4 7#b7 ,such term includes an edible product1 a beverage1 a tincture1 an oil1 a tablet1 a capsule1 an oral pouch1 a softgel1 and a gelcap4 7#c7 ,such term does not include a topical product or product for inhalation4 7xx7 7#a7 ,the term #8prohibited cannabinoid product' means1 except as provided in subparagraph 7#b71 any product for human or animal use that meets one or more of the following criteria3 7,a7 ,in the case of an oral cannabinoid hemp product1 the product contains or purports to contain an amount per serving of total intoxicating cannabinoid content that exceeds the applicable threshold specified under section #ajab4 7,b7 ,in the case of an oral cannabinoid hemp product1 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 #ajab4 7,c7 ,in the case of a cannabinoid hemp product for inhalation1 the material to be inhaled in the product contains or purports to contain more than #j4c percent on a weight basis of total intoxicating cannabinoid content in the product form for its intended use4 7,d7 ,in the case of a cannabinoid hemp product for inhalation that is required under section #ajje7;e7 to utilize a prefilled1 nonrefillable cartridge1 the cartridge contains or purports to contain an amount of total cannabinoid content that exceeds the applicable threshold specified under section #ajab4 7,e7 ,in the case of a topical cannabinoid hemp product1 the product is1 or is intended to be1 systemically absorbed through the skin4 7,f7 ,in the case of a topical cannabinoid hemp product1 the product contains or purports to contain more than #j4c percent on a weight basis4 7,g7 ,the product contains1 or purports to contain1 a cannabinoid of the type referred to in paragraph 7tt77#a77;,a77xii71 or another cannabinoid that is not naturally occurring in the plant ,cannabis sativa ,l4 or is produced by the plant ,cannabis sativa ,l4 only through genetic engineering or other manipulation of the plant4 7,h7 ,the product is a cannabinoid hemp product that does not meet the definition of an oral cannabinoid hemp product1 inhalable cannabinoid hemp product1 or topical cannabinoid hemp product4 7,i7 ,the product is a cannabinoid hemp product intended for1 used in or on1 food-producing animals4 7#b7 ,the term prohibited cannabinoid product does not include-- 7,a7 any product specified in clauses 7,a7 through 7,g7 of paragraph 7uu77#b72 and 7,b7 marijuana as defined in section #ajb7af7 of the ,controlled ,substances ,act4 7yy7 ,the term topical cannabinoid hemp product means a cannabinoid hemp product intended to be applied externally to the body or any part thereof4 7zz7 ,the term total intoxicating cannabinoid content means the total amount of all chemicals present in a cannabinoid hemp product that satisfy any of the following3 7#a7 ,the chemicals meet the criteria of subclause 7iv7 or 7v7 of paragraph 7tt77#a77;,a74 7#b7 ,the chemicals are deemed by the ,secretary under paragraph 7tt77#a77;,d7 as meeting the criteria specified in paragraph 7tt77#a77;,b7 by reference to-- 7,a7 chemicals meeting the criteria of subclause 7iv7 or 7v7 of paragraph 7tt77#a77;,a72 or 7,b7 hexahydrocannabinols or tetrahydrocannabinols meeting the criteria specified in paragraph 7tt77#a77;,a77xii74 7#c7 ,any other chemical that-- 7,a7 the ,secretary has deemed to be a cannabinoid under paragraph 7tt77#a77;,d72 and 7,b7 has1 or is marketed to have1 a pharmacological effect that is similar to-- 7i7 chemicals meeting the criteria of subclause 7iv7 or 7v7 of paragraph 7tt77#a77;,a72 or 7ii7 hexahydrocannabinols or tetrahydrocannabinols meeting the criteria specified in paragraph 7tt77#a77;,a77xii74 4 #d4 ,cannabinoid hemp product regulation 7a7 ,in general ,the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 is amended-- 7#a7 by redesignating chapter ,x as chapter ,,xi2 7#b7 by redesignating sections #ajja through #ajad as sections #aaja through #aaad2 7#c7 in section #eje7n77#b71 by striking section #ajjd and inserting section #aajd2 7#d7 in section #eaf7;a71 in the matter following paragraph 7#b71 by striking section #ajjf and inserting section #aajf2 7#e7 in section #gjd7;g77#ac71 by striking section #ajjc7;g7 and inserting section #aajc7;g72 7#f7 in subsection 7a77#e77;,a7 of section #aaji 7as redesignated by paragraph 7#b771 by striking section #ajjh and inserting section #aajh2 and 7#g7 by inserting after chapter ,,ix the following3 ,x ,cannabinoid ,hemp ,products #ajja4 ,definitions ,for the purposes of this chapter3 7#a7 ,adverse event ,the term adverse event means any health-related event associated with a cannabinoid hemp product that is adverse4 7#b7 ,derivative ,the term derivative includes chemical modifications of substances1 including chemical modifications of substances obtained from cannabis4 7#c7 ,facility ,the term facility includes any establishment 7including an establishment of an importer7 that manufactures1 processes1 labels1 or imports cannabinoid hemp products4 7#d7 ,responsible person ,the term responsible person means the manufacturer1 packer1 or distributor of a cannabinoid hemp product whose name appears on the label of such product4 7#e7 ,serious adverse event ,the term serious adverse event means an adverse event that results in-- 7,a7 death2 7,b7 a life-threatening adverse event2 7,c7 inpatient hospitalization or prolongation of existing hospitalization2 7,d7 a persistent or significant disability or incapacity2 7,e7 a congenital anomaly or birth defect2 or 7,f7 a serious medical event that requires1 based on reasonable medical judgment1 a medical or surgical intervention to prevent an outcome described in subparagraphs 7,a7 through 7,e74 #ajjb4 ,adulterated cannabinoid hemp products ,a cannabinoid hemp product shall be deemed to be adulterated if-- 7#a7 it consists in whole or in part of any filthy1 putrid1 or decomposed substance1 or is otherwise contaminated by any added poisonous or added deleterious substance that may render the product injurious to health2 7#b7 it has been prepared1 packed1 or held under insanitary conditions whereby it may have been contaminated with filth1 or whereby it may have been rendered injurious to health2 7#c7 its package is composed1 in whole or in part1 of any poisonous or deleterious substance which may render the contents injurious to health2 7#d7 its content of total cannabinoids exceeds any limit set forth in section #bja7xx72 7#e7 it is a cannabinoid hemp product intended for1 or to be used in or on1 food-producing animals2 7#f7 it contains any added substance1 such as alcohol1 caffeine1 tobacco1 nicotine1 or melatonin1 or another substance with effects that could interact with cannabinoids or enhance or alter their effects as determined by the ,secretary by order2 7#g7 it is an oral cannabinoid hemp product and it bears or contains any food additive that is unsafe within the meaning of section #dji2 7#h7 it is intended for use in animals and-- 7,a7 is also intended for use by humans2 7,b7 is an inhalable cannabinoid hemp product2 or 7,c7 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 humans2 7#i7 it has been manufactured1 processed1 packed1 or held in any factory1 warehouse1 or establishment and the owner1 operator1 or agent of such factory1 warehouse1 or establishment delays1 denies1 or limits an inspection1 or refuses to permit entry or inspection2 7#aj7 in the case of an oral cannabinoid hemp product1 it fails to comply with the requirements of subsection 7a7 or 7c7 of section #ajjd2 7#aa7 in the case of an inhalable cannabinoid hemp product1 it fails to comply with the requirements of subsection 7a71 7b71 7c71 7d71 7e71 7g71 or 7h7 of section #ajje2 or 7#ab7 in the case of a topical cannabinoid hemp product1 it fails to comply with the requirements of section #ajjf4 #ajjc4 ,misbranded cannabinoid hemp products ,a cannabinoid hemp product shall be deemed misbranded if-- 7#a7 its labeling is false or misleading in any particular2 7#b7 its advertising or promotion is false or misleading in any particular2 7#c7 it is in package form unless it bears a label containing-- 7,a7 the name1 place of business1 and contact information of the manufacturer1 packer1 or distributor2 7,b7 an accurate statement of the quantity of the contents in terms of weight1 measure1 and numerical count2 7,c7 a statement on the front of the product packaging indicating that the product is a cannabinoid hemp product2 7,d7 in the case of an oral cannabinoid hemp product-- 7i7 the serving size2 and 7ii7 the number of servings per container2 7,e7 the ingredients2 7,f7 the content per serving and per package of-- 7i7 cannabidiol1 even if absent2 and 7ii7 total naturally occurring intoxicating cannabinoid content1 even if absent2 7,g7 the content of all cannabinoids other than those specified in clause 7,f71 if present above a specified level1 per serving and per package2 7,h7 for products intended for human use1 a disclaimer of the presence in the product of any major food allergen1 processing aid1 or compound1 which the ,secretary may1 by order1 require to be disclosed2 7,i7 a disclaimer of known risks to special populations1 including children1 those who are pregnant or breastfeeding1 and those taking drugs known to interact with the product2 7,j7 a quick response 7,,qr7 code1 any other scannable mechanism1 or internet address that leads to a web page with testing results for the cannabinoid hemp product in the form of a certificate of analysis2 7,k7 clear instructions of use1 if applicable2 and 7,l7 information about how to report adverse events2 7#d7 it is in package form unless it bears a label formatted in such manner as the ,secretary may prescribe by order2 7#e7 it exceeds dose limits or otherwise does not meet the standards specified in section #ajjd2 7#f7 the ,secretary has issued orders requiring that its labeling bear adequate directions for use1 or adequate warnings against use by children1 that are necessary for the protection of users1 unless its labeling conforms in all respects to such orders2 7#g7 any word1 statement1 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 7as compared with other words1 statements1 designs1 or devices1 in the labeling7 and in such terms as to render it likely to be read and understood by the general public under customary conditions of purchase and use2 7#h7 its labeling does not include a disclaimer of risks posed by the specific cannabinoid contained or purported to be contained in the product1 including the risk of drug test failure2 7#i7 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 condition2 7#aj7 its labeling does not include a statement that the product is not required to meet standards for foods or dietary supplements2 7#aa7 its labeling makes a claim regarding the product's effect 7or lack thereof7 on the structure or any function of the body of humans or other animals2 7#ab7 it is in package form and the product packaging does not meet the requirements of section #agjj4ae of title #af1 ,code of ,federal ,regulations 7or any successor regulations72 7#ac7 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 which1 if breached or missing1 can reasonably be expected to provide visible evidence to consumers that tampering has occurred2 7#ad7 it is in package form intended for use by humans1 and it contains product packaging features imitating images popularly used to advertise to children or otherwise market to anyone under #ba years of age1 including-- 7,a7 labeling depicting or in the shape of characters 7real or imaginary71 animals1 vehicles1 cartoons1 candy1 or fruit2 and 7,b7 brightly colored products and packaging2 7#ae7 it is in package form intended for use in animals1 and its label and labeling do not contain prominently placed1 conspicuous-- 7,a7 warnings that the product should not be used by humans2 and 7,b7 statements that the product is intended for use in animals1 including any such statements specifying the intended species2 7#af7 7,a7 it was manufactured1 processed1 packed1 labeled1 imported1 or held by or in an establishment not duly registered under section #ajji7;a72 7,b7 it was not included in a list required by section #ajji7;b72 or 7,c7 it was manufactured1 processed1 packed1 labeled1 imported1 or held by or in an establishment for which the registration was suspended under section #ajji7;d7 and the registration has not been reinstated2 7#ag7 there was a failure or refusal to furnish any material or information required by section #ajjh2 7#ah7 it is labeled as a dietary supplement1 or otherwise purports to be a dietary supplement2 7#ai7 in the case of an oral cannabinoid hemp product1 it fails to comply with the requirements of section #ajjd7;b72 7#bj7 in the case of an inhalable cannabinoid hemp product1 it fails to comply with the requirements of section #ajje7;f72 7#ba7 in the case of a topical cannabinoid hemp product1 it fails to comply with the requirements of section #ajjf2 or 7#bb7 any word1 statement1 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 order4 #ajjd4 ,standards for oral cannabinoid hemp products 7a7 ,additional requirements ,an oral cannabinoid hemp product shall be subject to the requirements of this section1 in addition to any other requirements of this ,act applicable to cannabinoid hemp products4 7b7 ,serving size and content limits 7#a7 ,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 #ajab4 7#b7 ,package containing multiple servings of oral cannabinoid hemp products ,if a package contains multiple servings of oral cannabinoid hemp products1 the contents shall be divided and separated from each other into portions equivalent to one serving4 7#c7 ,liquid containers ,liquid containers of oral cannabinoid hemp products shall-- 7,a7 contain only one serving2 or 7,b7 include with such container a convenient device for measuring servings1 such as a dropper or measuring cup4 7c7 ,labeling standards for oral cannabinoid hemp products 7#a7 ,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 product4 7#b7 ,standardized information panel ,the ,secretary may prescribe by order a standardized format1 label panel1 or identifying symbols under which label information required under this subsection and section #ajjc shall be displayed4 7d7 ,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 products4 #ajje4 ,standards for inhalable cannabinoid hemp products 7a7 ,additional requirements ,an inhalable cannabinoid hemp product shall be subject to the requirements of this section1 in addition to any other requirements of this ,act applicable to cannabinoid hemp products4 7b7 ,sourcing ,an inhalable cannabinoid hemp product shall not contain1 nor shall any ingredient or substance used in an inhalable cannabinoid hemp product contain1 a pesticide chemical residue that is at a level greater than is specified by any tolerance under this ,act or under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act4 7c7 ,ingredients and additives ,an inhalable cannabinoid hemp product shall not include any of the following3 7#a7 ,any added terpene or flavoring agent unless such terpene or flavoring agent is designated by the ,secretary by order as being both-- 7,a7 naturally occurring in the plant ,cannabis sativa ,l42 and 7,b7 not posing an unreasonable risk to the public health4 7#b7 ,any amount of total or specific naturally occurring terpene or flavoring agent that exceeds the concentration limits as set forth by the ,secretary by order4 7#c7 ,any ingredient that is not a cannabinoid1 or is not derived from the plant ,cannabis sativa ,l41 unless-- 7,a7 the ,secretary has1 by order1 established a level at which such ingredient may permissibly be added to inhalable cannabinoid hemp products without posing an unreasonable risk to the public health2 and 7,b7 the ingredient is added in accordance with such order4 7d7 ,solvents and extraction methods used in manufacturing ,an inhalable cannabinoid hemp product shall not be manufactured using any solvent1 extraction method1 or other means of production unless the ,secretary has designated by order that such solvent1 extraction method1 or other means of production is permissible because it poses no unreasonable risk to the public health4 ,with respect to any solvent so permitted to be used in the manufacturing process1 the ,secretary may1 by order1 limit the amount of residual solvent4 7e7 ,components1 parts1 and accessories ,a component1 part1 or accessory of an inhalable cannabinoid hemp product shall-- 7#a7 not present an unreasonable risk to the public health2 7#b7 meet each of the standards established by the ,secretary by order1 including standards regarding-- 7,a7 the types of materials determined to be permissible for use as a component1 part1 or accessory of such a product2 7,b7 the permissible level of one or more leachable substances from such a component1 part1 or accessory2 7,c7 specifications related to the heating1 burning1 or combusting of any such materials2 or 7,d7 specifications for temperature controls2 or 7#c7 meet any standard 7or a portion of such standard7 established by a third-party1 standard-setting entity for which the ,secretary publishes an order adopting such standard 7or portion74 7f7 ,prefilled and nonrefillable cartridges or devices 7#a7 ,in general ,except for an inhalable cannabinoid hemp product described in paragraph 7#b71 any inhalable cannabinoid hemp product1 including an oil1 concentrate1 or extract 7such as a resinous extract or secretion of the plant ,cannabis sativa ,l471 that is marketed or intended for use via aerosolization shall be sold in a cartridge or device that is prefilled and nonrefillable4 7#b7 ,exception ,paragraph 7#a7 shall not apply with respect to an inhalable cannabinoid hemp product that consists of whole cannabis inflorescence processed only through trimming1 drying1 curing1 or grinding1 or a combination of such methods4 7g7 ,labeling standards for inhalable cannabinoid hemp products 7#a7 ,in general ,the label of an inhalable cannabinoid hemp product shall prominently display in boldface type a warning statement determined appropriate by the ,secretary4 7#b7 ,prefilled1 nonrefillable cartridges or devices ,any cartridge or device described in subsection 7f77#a7 shall1 in addition to the statement described in paragraph 7#a71 bear a standardized mark or symbol 7in such manner as may be specified by the ,secretary by order7 on the label identifying the cartridge or device as containing cannabinoids4 7h7 ,additional content limits ,in addition to any other applicable content limits1 a cartridge or device described in subsection 7f77#a7 shall contain not more total cannabinoid content than the applicable threshold specified under section #ajab4 7i7 ,pre-,market notification 7#a7 ,new products ,except as specified in paragraph 7#b71 not later than #ij days before introducing or delivering for introduction into interstate commerce an inhalable cannabinoid hemp product1 a person seeking to so introduce or deliver such product and who is required to register under section #ajji shall report to the ,secretary 7in such form and manner as the ,secretary shall prescribe7 the product's formulation and labeling4 7#b7 ,existing products ,in the case of a person described in paragraph 7#a7 who is the responsible person with respect to an inhalable cannabinoid hemp product that1 as of the date of the enactment of the ,hemp ,enforcement1 ,modernization1 and ,protection ,act1 has been introduced or delivered for introduction into interstate commerce1 such person shall report to the ,secretary 7in such form and manner as the ,secretary shall prescribe71 the product's formulation and labeling not later than #fj days after such date of enactment4 7j7 ,labeling standards for inhalable cannabinoid hemp products 7#a7 ,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 product4 7#b7 ,standardized information panel ,the ,secretary may prescribe by order a standardized format1 label panel1 or identifying symbols under which label information required under this subsection and section #ajjc shall be displayed4 7k7 ,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 products4 #ajjf4 ,standards for topical cannabinoid hemp products 7a7 ,additional requirements ,a topical cannabinoid hemp product shall be subject to the requirements of this section1 in addition to any other requirements of this ,act applicable to cannabinoid hemp products4 7b7 ,content limits for topical cannabinoid hemp products ,a topical cannabinoid hemp product shall contain not more than the amount of total cannabinoids per package1 or such other amount of total cannabinoids1 or of specified individual cannabinoids per package1 as the ,secretary may specify under section #ajab4 7c7 ,labeling standards for topical cannabinoid hemp products 7#a7 ,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 product4 7#b7 ,standardized information panel ,the ,secretary may prescribe by order a standardized format1 label panel1 or identifying symbols under which label information required under this subsection and section #ajjc shall be displayed4 7d7 ,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 products4 #ajjg4 ,minimum age of sale ,it shall be unlawful for any retailer to sell a cannabinoid hemp product to any person younger than #ba years of age4 #ajjh4 ,manufacturing and testing 7a7 ,uniform requirements ,cannabinoid hemp products shall be subject to uniform manufacturing and testing requirements established by order by the ,secretary that shall include-- 7#a7 specifications for key components1 potential contaminants1 and cannabinoid content2 and 7#b7 any other manufacturing and testing standards the ,secretary determines necessary4 7b7 ,standards developed by appropriate standard-,setting bodies ,in establishing requirements under subsection 7a71 the ,secretary may recognize and rely upon standards developed by appropriate standard-setting bodies that have relevant expertise and are subject to third-party auditing4 7c7 ,inspection of records ,the ,secretary may inspect records as necessary to demonstrate compliance with manufacturing and testing requirements under this section4 #ajji4 ,facility registration and product listing 7a7 ,registration 7#a7 ,in general ,any facility engaged in manufacturing1 processing1 packing1 importing1 labeling1 or holding cannabinoid hemp products for consumption in the ,united ,states shall be registered with the ,secretary4 ,to be registered-- 7,a7 in the case of a domestic facility1 the owner1 operator1 or agent in charge of the facility shall submit a registration to the ,secretary2 and 7,b7 in the case of a foreign facility1 the owner1 operator1 or agent in charge of the facility shall-- 7i7 submit a registration to the ,secretary2 and 7ii7 include with the registration the name of the ,united ,states agent for the facility4 7#b7 ,registration 7,a7 ,contents ,an entity 7referred to in this section as the registrant7 shall submit a registration under paragraph 7#a7 to the ,secretary containing-- 7i7 information necessary to notify the ,secretary of the name1 address1 and telephone number of each facility at which1 and all trade names under which1 the registrant conducts business2 7ii7 the email address and telephone number for the contact person of the facility or1 in the case of a foreign facility1 the ,united ,states agent for the facility2 7iii7 the general activities conducted1 including with respect to each cannabinoid hemp product category manufactured1 processed1 packed1 or held at such facility2 7iv7 the facility registration number1 if any1 previously assigned by the ,secretary2 7v7 all brand names under which products manufactured1 processed1 or packaged in the facility are sold2 and 7vi7 such other information as the ,secretary may require4 7,b7 ,inspection ,a registration under paragraph 7#a7 shall contain an assurance that the ,secretary will be permitted to inspect the facility at the times and in the manner permitted by this ,act4 7,c7 ,time and manner of submission ,a registration under paragraph 7#a7 shall be submitted at such time and in such manner as the ,secretary may prescribe4 7#c7 ,initial registration 7,a7 ,existing facilities ,every person that1 on the date of the enactment of the ,hemp ,enforcement1 ,modernization1 and ,protection ,act1 owns or operates a facility that engages in the manufacturing1 processing1 packing1 importing1 labeling1 or holding of a cannabinoid hemp product for distribution in the ,united ,states shall register such facility with the ,secretary not later than #a year after such date of enactment4 7,b7 ,new facilities ,every person that owns or operates a facility that engages in the manufacturing1 processing1 packing1 or holding of a cannabinoid hemp product for distribution in the ,united ,states shall register with the ,secretary such facility within #fj days of first engaging in such activity or #fj days after the deadline for registration under subparagraph 7,a71 whichever is later4 7#d7 ,biennial registration renewal ,a person required to register a facility under paragraph 7#a7 shall renew such registrations with the ,secretary biennially4 7#e7 ,procedure ,at the time of the initial registration of any facility under paragraph 7#c71 the ,secretary shall assign a facility registration number to the facility4 ,upon receipt of a completed registration described in paragraph 7#a71 the ,secretary shall notify the registrant of the receipt of such registration4 7#f7 ,up-to-date list ,the ,secretary shall compile and maintain an up-to-date list of facilities that are registered under this section4 ,such list and any registration documents submitted pursuant to this subsection shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 ,information derived from such list or registration documents shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code1 to the extent that such information discloses the identity or location of a specific registered person4 7b7 ,cannabinoid hemp product listing 7#a7 ,in general ,for each cannabinoid hemp product1 the responsible person shall submit to the ,secretary a cannabinoid hemp product listing1 or ensure that such submission is made1 at such time and in such manner as the ,secretary may prescribe4 7#b7 ,listing 7,a7 ,in general ,not later than #abj days after the first day on which a cannabinoid hemp product 7other than an inhalable cannabinoid hemp product7 is marketed1 the responsible person for such product shall submit to the ,secretary a cannabinoid hemp product listing for such product1 except as provided in subparagraph 7,b74 7,b7 ,currently marketed products ,in the case of a cannabinoid hemp product 7other than an inhalable cannabinoid hemp product71 that was marketed before the date of the enactment of the ,hemp ,enforcement1 ,modernization1 and ,protection ,act1 or that is first marketed within #bde days after such date of enactment1 the responsible person shall submit to the ,secretary a cannabinoid hemp product listing not later than #a year after such date of enactment4 7,c7 ,inhalable cannabinoid hemp products 7i7 ,in general ,not later than #ij days after the first day on which an inhalable cannabinoid hemp product is marketed1 the responsible person for such product shall submit to the ,secretary a cannabinoid hemp product listing for such product1 except as provided in clause 7ii74 7ii7 ,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 ,enforcement1 ,modernization1 and ,protection ,act1 or that is first marketed within #dee days after such date of enactment1 the responsible person shall submit to the ,secretary a cannabinoid hemp product listing not later than #a year after such date of enactment4 7,d7 ,updates ,a responsible person for a cannabinoid hemp product shall1 beginning one year after the date on which such cannabinoid hemp product is first listed under subparagraph 7,a71 7,b71 or 7,c71 submit to the ,secretary an update of such listing on an annual basis4 7#c7 ,contents of listing 7,a7 ,in general ,each listing under paragraph 7#a7 shall include-- 7i7 the facility registration number of each facility where the cannabinoid hemp product is manufactured or processed2 7ii7 the name and contact number of the responsible person2 7iii7 the name of the cannabinoid hemp product1 as such name appears on the label2 7iv7 the name and contact number of the person submitting the listing2 7v7 an electronic copy of the label1 and an electronic copy of the package insert1 if any2 7vi7 a list of ingredients1 and the amount of cannabinoids1 in the cannabinoid hemp product2 7vii7 the product listing number1 if any1 previously assigned by the ,secretary2 7viii7 whether the product is an oral cannabinoid hemp product1 inhalable cannabinoid hemp product1 or topical cannabinoid hemp product2 and 7ix7 any other information as the ,secretary may by order require4 7,b7 ,flexible listings ,a single listing submission under paragraph 7#a7 for a cannabinoid hemp product may include multiple cannabinoid hemp products with identical formulations1 or formulations that differ only with respect to flavors or quantity of contents4 7,c7 ,updates ,a responsible person that is required to submit a cannabinoid hemp product listing under paragraph 7#a7 shall submit any updates to such listing annually4 7,d7 ,optional inclusion in facility registration ,a responsible person may submit a listing required by paragraph 7#a7 as part of a facility registration or separately4 7c7 ,facility registration and product listing numbers ,at the time of the initial registration of any facility or initial listing of any cannabinoid hemp product1 the ,secretary shall assign-- 7#a7 a facility registration number to the facility2 and 7#b7 product listing numbers for the listed products4 7d7 ,suspensions 7#a7 ,suspension of registration of a facility ,the ,secretary may suspend the registration of a facility under this section if the ,secretary-- 7,a7 determines that a cannabinoid hemp product manufactured1 processed1 packed1 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 animals2 and 7,b7 has a reasonable belief that other products manufactured1 processed1 packed1 or held by such facility may be similarly affected because of a failure that-- 7i7 cannot be isolated to a product or products2 or 7ii7 is sufficiently pervasive to raise concerns about other products manufactured1 processed1 packed1 or held in the facility4 7#b7 ,notice of suspension ,before suspending a facility registration under this section1 the ,secretary shall provide-- 7,a7 notice to the registrant or other responsible person1 as appropriate1 of the intent to suspend the facility registration1 which notice shall specify the basis of the determination by the ,secretary that the facility registration should be suspended2 and 7,b7 an opportunity1 within #e business days of providing the notice under subparagraph 7,a71 for the responsible person to provide a plan for addressing the reasons for possible suspension of the facility registration4 7#c7 ,hearing of suspension ,the ,secretary shall-- 7,a7 provide the registrant subject to a notice of suspension under paragraph 7#b7 with an opportunity for an informal hearing1 to be held as soon as possible but not later than #e business days after the issuance of the notice1 or such other time period agreed upon by the ,secretary and the registrant1 on the actions required for reinstatement of registration and why the registration that is subject to the suspension should be reinstated2 and 7,b7 reinstate the registration if the ,secretary determines1 based on evidence presented1 that adequate grounds do not exist to continue the suspension of the registration4 7#d7 ,post-hearing corrective action plan ,if1 after providing opportunity for an informal hearing1 the ,secretary determines that the suspension of registration remains necessary1 the ,secretary shall-- 7,a7 require the registrant to submit a corrective action plan to demonstrate how the registrant plans to correct the conditions found by the ,secretary2 and 7,b7 review such plan not later than #ad business days after the submission of the plan or such other time period as determined by the ,secretary1 in consultation with the registrant4 7#e7 ,vacating of order2 reinstatement ,upon a determination by the ,secretary that adequate grounds do not exist to continue the suspension of a facility's registration under this subsection1 the ,secretary shall promptly vacate the suspension and reinstate the registration of the facility4 7#f7 ,effect of suspension ,if the registration of the facility is suspended under this section1 no person shall-- 7,a7 export or import cannabinoid hemp products into the ,united ,states from such facility2 7,b7 offer to export or import cannabinoid hemp products into the ,united ,states from such facility2 or 7,c7 otherwise introduce or deliver for introduction into interstate commerce cannabinoid hemp products from such facility4 #ajaj4 ,inspection of foreign cannabinoid hemp facilities 7a7 ,inspection ,the ,secretary-- 7#a7 may enter into arrangements and agreements with foreign governments to facilitate the inspection of foreign facilities registered under section #ajji2 and 7#b7 shall direct resources to inspections of foreign facilities1 suppliers1 and cannabinoid hemp products1 especially such facilities1 suppliers1 and cannabinoid hemp products that present a high risk 7as identified by the ,secretary71 to help ensure the safety and security of the supply of such products in the ,united ,states4 7b7 ,effect of inability ,to inspect ,notwithstanding any other provision of law1 a cannabinoid hemp product shall be refused admission into the ,united ,states if it is from a foreign factory1 warehouse1 or other establishment of which the owner1 operator1 or agent in charge1 or the government of the foreign country1 refuses to permit entry of ,united ,states inspectors or other individuals duly designated by the ,secretary1 upon request1 to inspect such factory1 warehouse1 or other establishment4 ,for purposes of this subsection1 such an owner1 operator1 or agent in charge shall be considered to have refused an inspection if such owner1 operator1 or agent in charge does not permit an inspection of a factory1 warehouse1 or other establishment during the #bd-;hour period after such request is submitted1 or after such other time period1 as agreed upon by the ,secretary and the foreign factory1 warehouse1 or other establishment4 #ajaa4 ,mandatory recall authority 7a7 ,in general ,if the ,secretary determines that there is a reasonable probability that a cannabinoid hemp product is adulterated under section #ajjb or misbranded under section #ajjc and the use of or exposure to such cannabinoid hemp product will cause serious adverse health consequences or death1 the ,secretary shall provide the responsible person with an opportunity to voluntarily cease distribution and recall such article4 ,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 7if so prescribed71 the ,secretary may1 by order1 require1 as the ,secretary determines necessary1 such person to immediately cease distribution of such article4 7b7 ,hearing ,the ,secretary shall provide the responsible person who is subject to an order under subsection 7a7 with an opportunity for an informal hearing1 to be held not later than #aj days after the date of issuance of the order1 on whether adequate evidence exists to justify the order4 7c7 ,order resolution ,after an order is issued according to the process under subsections 7a7 and 7b71 the ,secretary shall1 except as provided in subsection 7d7-- 7#a7 vacate the order1 if the ,secretary determines that inadequate grounds exist to support the actions required by the order2 7#b7 continue the order ceasing distribution of the cannabinoid hemp product until a date specified in such order2 or 7#c7 amend the order to require a recall of the cannabinoid hemp product1 including any requirements to notify appropriate persons1 a timetable for the recall to occur1 and a schedule for updates to be provided to the ,secretary regarding such recall4 7d7 ,action following order ,any person who is subject to an order pursuant to paragraph 7#b7 or 7#c7 of subsection 7c7 shall immediately cease distribution of or recall1 as applicable1 the cannabinoid hemp product and provide notification as required by such order4 7e7 ,notice to ,persons ,affected ,if the ,secretary determines necessary1 the ,secretary may require the person subject to an order pursuant to subsection 7a7 or an amended order pursuant to paragraph 7#b7 or 7#c7 of subsection 7c7 to provide either a notice of a recall order for1 or an order to cease distribution of1 such cannabinoid hemp product1 as applicable1 under this section to appropriate persons1 including persons who manufacture1 distribute1 import1 or offer for sale such product that is the subject of an order and to the public4 7f7 ,public notification ,in conducting a recall under this section1 the ,secretary shall-- 7#a7 ensure that a press release is published regarding the recall1 and that alerts and public notices are issued1 as appropriate1 in order to provide notification-- 7,a7 of the recall to consumers and retailers to whom such cannabinoid hemp product was1 or may have been1 distributed2 and 7,b7 that includes1 at a minimum-- 7i7 the name of the cannabinoid hemp product subject to the recall2 7ii7 a description of the risk associated with such article2 and 7iii7 to the extent practicable1 information for consumers about similar cannabinoid hemp products that are not affected by the recall2 and 7#b7 ensure publication1 as appropriate1 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 7#a71 if available4 7g7 ,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 ,commissioner1 or an individual at or above the level of individuals empowered to approve a drug 7such as division directors within the ,center for ,drug ,evaluation and ,research74 7h7 ,effect ,nothing in this section shall affect the authority of the ,secretary to request or participate in a voluntary recall1 or to issue an order to cease distribution or to recall under any other provision of this chapter4 #ajab4 ,applicable thresholds for cannabinoid content 7a7 ,in general ,the ,secretary shall issue a rule specifying-- 7#a7 the applicable thresholds for the content limits of total cannabinoid content in inhalable cannabinoid hemp products1 oral cannabinoid hemp products1 and topical cannabinoid hemp products for such products2 and 7#b7 the applicable thresholds for the content limits of total intoxicating cannabinoid content in oral cannabinoid hemp products4 7b7 ,timing ,the ,secretary shall-- 7#a7 not later than #fj days after the date of the enactment of the ,hemp ,enforcement1 ,modernization1 and ,protection ,act1 publish in the ,federal ,register a notice of proposed rulemaking with respect to the content limits referred to in subsection 7a72 and 7#b7 not later than #c years after such date of enactment1 finalize the rule specified in such subsection4 7c7 ,failure ,to timely finalize final rule ,if the ,secretary fails to finalize the rule specified in subsection 7a7 within the #c-year period specified in subsection 7b77#b71 the applicable threshold specified in this section shall be the following3 7#a7 ,with respect to section #ajjd7;b71 #aj milligrams per serving1 and #ej milligrams per package4 7#b7 ,with respect to section #ajje7;h71 #ajj milligrams per serving1 and #ejj milligrams per package4 7#c7 ,with respect to section #ajjf7;b71 #ajj milligrams per serving1 and #ejj milligrams per package4 7#d7 ,with respect to subparagraph 7,a7 of section #bja7xx77#a71 #e milligrams per serving1 and with respect to subparagraph 7,b7 of such section1 #cj milligrams per package or container4 #ajac4 ,cannabinoid hemp products advisory committee 7a7 ,establishment ,the ,secretary shall establish an advisory committee1 to be known as the ,cannabinoid ,hemp ,products ,advisory ,committee 7in this section referred to as the ,advisory ,committee74 7b7 ,membership 7#a7 ,in general 7,a7 ,members ,the ,secretary shall appoint as members of the ,advisory ,committee individuals who-- 7i7 are technically qualified by training and experience in medicine1 medical ethics1 science1 or technology involving the manufacture1 evaluation1 or use of cannabinoid hemp products2 and 7ii7 are of appropriately diversified professional backgrounds4 7,b7 ,composition ,the membership of the ,advisory ,committee shall be composed of #af individuals1 represented as follows3 7i7 #c individuals representing the ,food and ,drug ,administration4 7ii7 #g individuals who are physicians1 scientists1 or health care professionals practicing in the area of oncology1 pulmonology1 cardiology1 toxicology1 pharmacology1 addiction1 or any other relevant specialty4 7iii7 #a individual who is an officer or employee of a ,state or local government or of the ,federal ,government4 7iv7 #a individual as a representative of the general public4 7v7 #a individual with experience as a ,state regulator for ,cannabis sativa ,l4 7vi7 #a individual as a representative of the interests of the ,cannabis sativa ,l4 manufacturing industry4 7vii7 #a individual as a representative of the interests of the small business cannabinoid hemp product manufacturing industry1 which position may be filled on a rotating1 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 ,committee4 7viii7 #a individual as a representative of the interests of the ,cannabis sativa ,l4 growers4 7,c7 ,nonvoting members ,the members of the ,advisory ,committee described in clauses 7vi71 7vii71 and 7viii7 of subparagraph 7,b7 shall serve as consultants to those described in clauses 7i7 through 7iv7 of subparagraph 7,b7 and shall be nonvoting representatives4 7,d7 ,conflicts of interest ,no members of the ,advisory ,committee1 other than members described in clauses 7vi71 7vii71 and 7viii7 of subparagraph 7,b7 shall1 during the member's tenure on the committee or for the #ah-month period prior to becoming such a member1 receive any salary1 grants1 or other payments or support from any business that manufactures1 distributes1 markets1 or sells cigarettes or other tobacco products4 7#b7 ,chairperson ,the ,secretary shall designate #a of the members described in clauses 7ii71 7iii71 7iv71 and 7v7 of paragraph 7#a77;,b7 to serve as chairperson4 7c7 ,duties ,the ,cannabinoid ,products ,advisory ,committee shall provide advice1 information1 and recommendations to the ,secretary-- 7#a7 as provided in this chapter2 7#b7 on the limits 7in milligrams7 of total cannabinoid content allowed in cannabinoid hemp products1 and categories thereof2 and 7#c7 on the limits 7in milligrams7 of total intoxicating cannabinoid content allowed in cannabinoid hemp products1 and categories thereof1 to be established pursuant to section #ajab4 7d7 ,compensation2 support2 chapter #aj of title #e 7#a7 ,compensation and travel ,members of the ,advisory ,committee who are not officers or employees of the ,united ,states1 while attending conferences or meetings of the committee or otherwise engaged in its business1 shall be entitled to receive compensation at rates to be fixed by the ,secretary1 which may not exceed the daily equivalent of the rate in effect under the ,senior ,executive ,schedule under section #echb of title #e1 for each day 7including travel time7 they are so engaged2 and while so serving away from their homes or regular places of business each member may be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e for persons in the ,government service employed intermittently4 7#b7 ,administrative support ,the ,secretary shall furnish the ,advisory ,committee clerical and other assistance4 7#c7 ,nonapplication of chapter #aj of title #e ,section #ajac of title #e does not apply to the ,advisory ,committee4 7e7 ,proceedings of advisory committees ,the ,advisory ,committee shall make and maintain a transcript of any proceeding of the ,advisory ,committee4 ,each such committee shall delete from any transcript made under this subsection information which is exempt from disclosure under section #eeb7;b7 of title #e4 7f7 ,report to congress ,the ,advisory ,committee shall report to ,congress annually on-- 7#a7 any changes to the limits under section #ajab the ,advisory ,committee recommends2 and 7#b7 any other information the ,advisory ,committee determines necessary to carry out this chapter4 4 7b7 ,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 ,act4 #e4 ,enforcement 7a7 ,prohibited acts ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7 is amended-- 7#a7 in paragraphs 7a71 7b71 7c71 7g71 7h71 and 7k7 by inserting cannabinoid hemp product1 before or cosmetic each place such term appears2 7#b7 in paragraph 7e71 by striking or #ibj and inserting #ibj1 or #ajaa2 7#c7 in paragraph 7ll7-- 7,a7 in the matter preceding subparagraph 7#a71 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 public1 or a cannabinoid hemp product2 7,b7 in subparagraph 7#c77;,e71 by striking or at the end2 7,c7 in subparagraph 7#d71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7#e7 the finished product is a cannabinoid hemp product that conforms with the requirements of this ,act4 2 and 7#d7 by adding at the end the following3 7jjj7 7#a7 ,the introduction or delivery for introduction into interstate commerce of a prohibited cannabinoid product2 7#b7 the receipt in interstate commerce of a prohibited cannabinoid product1 and the delivery or proffered delivery thereof for pay or otherwise2 7#c7 the doing of any act with respect to an article1 if such act is done while such article is held for sale 7whether or not the first sale7 after shipment in interstate commerce and results in such article being a prohibited cannabinoid product2 7#d7 the holding for sale or distribution in interstate commerce of a prohibited cannabinoid product2 7#e7 the sale by a retailer of a cannabinoid hemp product to any person younger than #ba years of age in violation of section #ajjg2 or 7#f7 the failure to adhere to uniform manufacturing and testing requirements in accordance with section #ajjh4 7kkk7 ,the refusal or failure to follow an order under section #ajaa4 4 7b7 ,enhanced criminal penalties ,section #cjc7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7;b77 is amended by adding at the end the following3 7#i7 ,enhanced criminal penalties ,notwithstanding subsection 7a71 any person who knowingly violates section #cja7;jjj7 shall be imprisoned for not more than #aj years or fined in accordance with title #ah1 ,united ,states ,code1 or both4 4 7c7 ,seizure ,section #cjd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccd7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by striking and 7,h7 and inserting 7,h72 and 7,b7 by inserting before the period at the end the following3 1 7,i7 ,any adulterated or misbranded cannabinoid hemp product1 and 7,j7 ,any prohibited cannabinoid product2 7#b7 in subsection 7d77#a7-- 7,a7 by inserting cannabinoid hemp product1 before or cosmetic2 and 7,b7 in the last sentence1 by inserting an article in violation of section #cja7;jjj7 or after by reason of its being2 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the first sentence and inserting the following3 ,if during an inspection conducted under section #gjd of a facility or a vehicle1 a device1 cannabinoid hemp product1 or tobacco product1 which the officer or employee making the inspection has reason to believe is adulterated or misbranded is found in such facility or vehicle1 or the officer or employee making the inspection has reason to believe the product is a prohibited cannabinoid product1 such officer or employee may order the device1 cannabinoid hemp product1 prohibited cannabinoid hemp product1 or tobacco product detained 7in accordance with regulations prescribed by the ,secretary7 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 7a7 or section #cjb1 in which case he may authorize a detention period of not to exceed thirty days42 and 7ii7 in each of the second1 third1 and fourth sentences1 by striking device or tobacco product each place it appears and inserting device1 cannabinoid hemp product1 prohibited cannabinoid product1 or tobacco product2 and 7,b7 in paragraph 7#b77;,a71 in the matter preceding clause 7i71 by striking device or tobacco product and inserting device1 cannabinoid hemp product1 prohibited cannabinoid product1 or tobacco product4 7d7 ,food additives ,section #dji7;a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;a77 is amended by adding at the end of the matter following paragraph 7#c7 the following3 ,a food bearing or containing a cannabinoid hemp product that meets the requirements of chapter ,x shall not1 by reason of bearing or containing such a cannabinoid hemp product1 be considered adulterated under section #djb7;a77#a744 #f4 ,rules of construction ,except as expressly provided in this ,act 7or the amendments made by this ,act71 nothing in this ,act 7or such amendments7 shall be construed as modifying or limiting-- 7#a7 any applicable provision of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 or the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq472 or 7#b7 the authority of the ,secretary of ,health and ,human ,services or the ,commissioner of ,food and ,drugs under such ,acts4