Bill Text: NH HB272 | 2021 | Regular Session | Amended


Bill Title: Relative to the labeling and sale of hemp products containing CBD.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Engrossed - Dead) 2021-04-22 - Rereferred to Committee, Regular Calendar 23Y-1N, Motion Adopted; 04/22/2021; Senate Journal 12 [HB272 Detail]

Download: New_Hampshire-2021-HB272-Amended.html

HB 272 - AS AMENDED BY THE HOUSE

 

7Apr2021... 0405h

2021 SESSION

21-0157

08/10

 

HOUSE BILL 272

 

AN ACT relative to the labeling and sale of hemp products containing CBD.

 

SPONSORS: Rep. Knirk, Carr. 3; Rep. Weston, Graf. 8; Rep. Pearl, Merr. 26; Rep. Marsh, Carr. 8; Rep. Van Houten, Hills. 45; Rep. Woods, Merr. 23; Rep. Bixby, Straf. 17; Sen. Rosenwald, Dist 13; Sen. Sherman, Dist 24

 

COMMITTEE: Environment and Agriculture

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Allows for the sale of products containing CBD derived from hemp.

 

II.  Requires products containing CBD derived from hemp to be registered annually by the manufacturer.

 

III.  Creates a position in the department of health and human services to perform inspections relative to registered products containing CBD derived from hemp.

 

IV.  Creates a special cannabidiol program fund.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0405h 21-0157

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the labeling and sale of hemp products containing CBD.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Products Containing Hemp.  Amend RSA 146 by inserting after section 21 the following new subdivision:

Products Containing Hemp or Hemp Products

146:22  Definitions.  In this subdivision:

I.  “Food” means food used for human consumption.  "Food" does not include animal feed.

II.  “Hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.

III.  “Products containing CBD derived from hemp” means a formulation of a product for sale which contains any amount of cannabidiol (CBD) derived from hemp.  Products which differ only in the container size shall be considered the same unique product.  “Products containing CBD derived from hemp” includes products sold on the Internet.

146:23  Products; Hemp.

I.  Notwithstanding any other provision of law to the contrary, food, food additives, or food products that contain hemp, including cannabidiol (CBD) derived from hemp, shall not be considered adulterated or misbranded solely on the inclusion of hemp or CBD derived from hemp.  The nonpharmaceutical or nonmedical production, marketing, sale, or distribution of food, food additives, or food products within this state that contain hemp or CBD shall not be prohibited within this state based solely on the inclusion of hemp or CBD.  No person shall make a claim that products that contain hemp or CBD derived from hemp can diagnose, treat, cure, or prevent any disease, condition or injury without the approval of the federal Food and Drug Administration pursuant to federal law.

II.  Pursuant to federal law, any food product containing CBD offered for sale in New Hampshire shall be manufactured in New Hampshire.  In this subdivision, "manufactured" means the addition of CBD derived from hemp to any food product shall take place in New Hampshire.  If federal law allows interstate commerce of food products containing CBD, then this paragraph shall be void.

III.  For all point-of-sale CBD-infused food products, only CBD products registered in New Hampshire under this subdivision can be added to a food product at the point of sale with such CBD-infused food product clearly labeled as to the quantity of the CBD product added and the label and certificate of analysis of the registered and labeled CBD product which was added shall be displayed with the point of sale CBD-infused food product.

IV.  The therapeutic cannabis program established under RSA 126-X shall be exempt from the provisions of this subdivision.

146:24  Testing of Products.

I.  Each unique product containing CBD derived from hemp (excluding a food product which contains a registered product containing CBD derived from hemp) offered for sale shall have testing done by a third party laboratory that is accredited in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement.  The laboratory shall issue a certificate of analysis listing the following accredited tests: CBD content, THC content, the presence and content of pesticides, heavy metals, residual solvent, mold, bacteria, and yeast.  Such certificate of analysis shall be displayed on the label of the product offered for sale or be traceable to the certificate of analysis in such a manner that the consumer may retrieve the certificate of analysis.

II.  Any laboratory offering testing of products containing CBD derived from hemp shall be approved by the department of health and human services according to rules adopted by the commissioner of the department under RSA 541-A.

146:25  Products; Labeling.  All products containing CBD derived from hemp shall be labeled with the following:

I.  If an oral tincture, the amount of milligrams of CBD per milliliter and if a pill or capsule, the amount of milligrams of CBD per pill or capsule.

II.  If any other product, the serving size and the contents of CBD in milligrams per serving size or if there is no serving size the contents of CBD in milligrams per milliliter.

III.  The following warning:  "The FDA strongly advises that during pregnancy and while breast-feeding, you avoid using CBD.  There is no FDA approval for use of CBD in children except by prescription for severe seizure disorder."

IV.  An explanation that the product is derived from hemp and may contain THC, unless the testing shows zero THC.

V.  A warning that the consumer ought to consult with a medical provider if he or she is taking any other medication.

VI.  A warning to keep such products out of the reach of children.

VII.  The process lot number.

VIII.  The manufacturing date and expiration date of the product.

IX.  A list of all ingredients in descending predominance by weight if the ingredient represents at least 0.05 percent of the content of the product.  

X.  The name and address of the manufacturer of the product.

XI.  The identity of product.

XII.  The net weight or net volume of the product.

XIII.  The recommended serving size, according to the manufacturer of the product.

XIV.  A link to the Certificate of Analysis using a QR code or a website.

146:26  Registration.  Any product with CBD derived from hemp shall be registered by its manufacturer with the commissioner of the department of health and human services prior to selling any such products.  Applications for registration or re-registration shall be in writing, under oath, in a form prescribed by the commissioner of the department of health and human services, in consultation with the department of agriculture, markets, and food, and shall be accompanied by a fee of $250 per product which shall be deposited in the cannabidiol program fund established in RSA 146:28.  The product registration application shall be accompanied by the ISO/IEC 17025 accreditation documentation of the testing lab used by the manufacturer.  Each product registration is valid for one year and may be renewed for additional one-year periods upon application and payment of the fee.

146:27  Rulemaking.  The commissioner of the department of health and human services, in consultation with the commissioner of the department of agriculture, markets, and food, shall adopt rules under RSA 541-A relative to:

I.  Application procedures for obtaining a registration per product under this subdivision.

II.  Qualifications of applicants in addition to those set forth in this subdivision.

III.  Procedures for renewal of registration.

IV.  Setting of and collection of fees to cover the costs of administering this subdivision.

V.  Establishment of administrative penalties and fines for violations of this subdivision to be applied to the manufacturer of the product, which shall include assessment of fines up to $1,000.

146:28  Cannabidiol Program Fund.  There is hereby established the cannabidiol program fund that shall be non-lapsing and continually appropriated to the department of health and human services for the purposes of this subdivision.  The department shall be authorized to receive public funds, private funds, gifts, grants and donations to be deposited in the fund.

2  Inspector; Position Authorized.  In order to facilitate the state's enforcement of the registration of products containing CBD derived from hemp, the department of health and human services is authorized to hire an inspector from the fees collected in RSA 146:26.

3  New Subparagraph; Cannabidiol Program Fund.  Amend RSA 6:12 by inserting after I(b)(364) the following new subparagraph:

(365)  Moneys deposited in the cannabidiol program fund under RSA 146:28.

4  Effective Date.  This act shall take effect July 1, 2022.

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