Tag Archive for: CBD

CBD = Supplements + Food?

If you’ve been following our work, you know that we’ve been pushing for commonsense and sensible regulations from Food and Drug Administration (FDA) for cannabidiol (CBD).

And like you, we’ve been waiting.

Congress has sought to act and fulfill the role of the FDA by legislating. Earlier this Congress, Congressman Kurt Schrader (D-CO) along with Morgan Griffith (R-VA) and 18 other original bipartisan co-sponsors introduced legislation that would make CBD lawful for use as a supplement unless otherwise directed by the FDA. The bill has been referred to the House Energy and Commerce Committee where it has yet to have a hearing.

This week, Senators Ron Wyden (D-OR), Rand Paul (R-KY) and Jeff Merkley (D-OR) introduced the Hemp Access and Consumer Safety Act that would deem CBD not only as a supplement, but also as an additive in food. The Senate bill introduced this week also puts a premium on safety and transparency by requiring manufacturers to comply with all FDA regulations and products be labeled properly.

“CBD products are legally being used and produced across the nation. Yet because the FDA has failed to update its regulations, consumers and producers remain in a regulatory gray zone.” 

– Senator Ron Wyden (D-OR)

“CBD products are legally being used and produced across the nation. Yet because the FDA has failed to update its regulations, consumers and producers remain in a regulatory gray zone,” Senator Wyden said. “It’s been more than two years since I worked with colleagues to have Congress legalize hemp and hemp-derived products. It’s long past time for the FDA to get with the program, for the sake of American consumers and farmers.”

“Hemp-derived CBD products and businesses have earned their recognition in the marketplace, but the FDA, unfortunately, hasn’t treated them like any other food additive or dietary supplement,” Dr. Paul said. “The Hemp Access and Consumer Safety Act directs the FDA to regulate hemp products properly and provides a huge relief to hemp farmers, processors, and merchants.”

“Every day that the FDA drags its feet to update its CBD regulations, hemp farmers are left guessing about how their products will be regulated, and real economic gains for workers and business owners in Oregon and across the country are left on the table,” said Senator Merkley upon introduction. “Hemp-derived CBD products are already widely available, and we all need FDA to issue clear regulations for them just like they do for other foods, drinks, and dietary supplements.”

NIHC has been supportive of this effort in the Senate and has provided significant input into this legislation. Upon the introduction of the bill, NIHC Board Chairman Patrick Atagi pointed to how this legislation won’t just ensure consumer safety but also could stimulate considerable economic growth.

“Last year, nearly $15 billion in economic benefits were left out of the economy because CBD wasn’t regulated appropriately. If the FDA can’t act, Congress should fulfill its oversight role and pass this legislation,” said Atagi. “NIHC supports Senators Merkley, Paul and Wyden’s recognition of hemp and CBD as an ingredient in both food and supplements, and we applaud their legislative approach to ensure that it’s regulated accordingly. This bill will deliver safe products to the marketplace and create a hemp economy that works for everyone.”

So, there are now two different bills in Congress. One in the House that is supplements only and one in the Senate that affirms CBD as both a supplement and food. NIHC supports both bills and prefers the approach from Senators Wyden, Merkley and Paul, primarily because it includes food and thus provides more opportunities for farmers and the largest segment of the hemp/CBD market. We also prefer how the Senate bill would effect this change by affirming that hemp and hemp-derived CBD is legally distinct from the previously FDA-approved pharmaceutical that contains CBD. It remains to be seen what will happen with these two bills since we’re just getting started in this process – but you can rest assured NIHC will be at the table and providing input into the process.

You can read the full text of the Hemp Access and Consumer Safety Act here.

Big Sky Country has Big Plans for Industrial Hemp

Texas Hemp Growers Association Collaborates with Farmers on Hemp Production

The Texas Hemp Growers Association (THGA) has the mission to help leverage farmer influence on the emerging industrial hemp industry. They provide farmers with the resources they need to make decisions regarding the cultivation and marketing of hemp and hemp-derived products. THGA provides practical expertise for anyone wanting to grow industrial hemp, while also working diligently to ensure that the livelihood of farmers is at the forefront of all discussions regarding hemp in Texas.

“For years farmers have created commodity trade associations for marketing, policymaking, research, and education,” says Tillery Sims, THGA Executive Director. “If we are to see hemp become a true rotational crop option it will follow the path of those other commodities. That path will be created by farmers who have led the way for centuries in innovation and strategic agricultural development. Associations that create the space for farmers to develop the industry are invaluable.”

In addition to dedicating time and resources to things like policy, infrastructure, and communications, THGA is progressive in supporting ventures that promote inputs, production, processing, and manufacturing systems that will benefit growers for generations to come and build stability in the emerging hemp industry. They aim to develop markets for industrial hemp and create and operate cooperative marketing organizations. THGA is also committed to maintaining a positive public image of industrial hemp and sustain strong working relationships with law enforcement agencies.

Planting Success

Legislatively, THGA is actively working with Sen. Charles Perry ( R ) who currently chairs the Senate Committee on Water, Agriculture & Rural Affairs and Representative Tracy King (D-Batesville), who originally wrote 2019’s Bill 1325 which paved the way for Texas farmers to grow industrial hemp. Right now, the THGA is working with the legislators to clean up the original bill’s rules and reflect the new USDA guidelines.

“We are happy with our communications on how the hemp program works here in Texas and how the year went,” says THGA’s President Kyle Bingham of Bingham Organics and Bingham Family Vineyards. “The communication is open, and lawmakers are receptive to our ideas.”

“Traditionally, Texas farmers grow cotton,” says Bingham. “We like the potential of hemp as a rotational crop, planting and harvesting before cotton season.”

While Bingham’s business is Bingham Family Vineyards, where his multigenerational wine growing family produces 100% Texas grown and crafted estate wines, the fullest expression of the High Plains, they are first, farmers. Several years ago, they saw opportunity in growing hemp, in rotation with their seasonal cotton crops. From their Bingham Organics hemp brand, they currently sell organic tinctures, but have their eyes set on the industrial side of growing hemp.

“We entered the industry as a CBD supplement company,” says Bingham. “But we see in the future that CDB will become a by-product of the hemp fiber industry. I am really excited with the prospects of using the whole plant.” And focus on the plant itself is where Bingham and the THGA have had its core efforts.

THGA is close to 100 members, whom all currently farm anywhere between 2,000-15,000 acres of other commodity crops. They are focusing primarily on genetics in 2021 as an association. “We are not in a traditional hemp growing environment here in Texas,” notes Bingham. “Many regions need to be concerned with overwatering hemp, and we don’t have that problem here. Much of the established data doesn’t apply to us. So, we are continuing our 2020 plant trials with 14-15 different genetics.”

This year, THGA will be testing different stock from Czech Republic and Italy. They also want to do a second trial with Canadian fiber. It wasn’t successful the first time, so farmers will try earlier planting dates to see if it does better. “We take a micro and macro approach. We also have Texas Tech is partnering with us on producing small lots of detailed varieties and different planting techniques. We are all looking for data.”

Growing to Scale

Once the viable varieties are known, Bingham says the next hurdle is how to grow thousands of acres of it for industrial use in the future. “We have to figure out how to mechanize this crop as the demand for industrial hemp grows. We want to be ready to target large-scale customers.”

Texas farmers see much potential coming for industrial hemp. “I think we will see hemp replace single use plastics in the future. As we better understand the need for biodegradable hemp-based products, we can work with plastics companies to create more sustainable solutions. There are lab-produced prototypes that, when put in soil, break down in less than 6 months. The issue is, how do we mass produce the concept, and minimize the costs.”

While there are many obstacles to overcome, that is the future THGA and its members envision. “Once we prove all this can be done, it will be a matter of time before legislators mandate it, with California leading the way.” Costs right now are prohibitive, notes Bingham, for much of the innovation. But as they learn more and as legislation supports sustainable solutions that industrial hemp brings to the table, it will drive the hemp industry forward into mass production.

“I hope that people realize the CBD rush is over, and fiber is coming in a few years,” notes Bingham. “With that said, it is a hard couple years ahead. We have to learn every step of the process before we are ready to grow millions of acres. In Texas, we grow four million cotton acres a year. If we hemp into a third year rotation, it’s in our ballpark.”

“Industrial hemp can bring manufacturing back to small town America, be a job maker. It is exciting to see.”

https://txhempgrowersassociation.com/ and
https://www.facebook.com/txhempgrowers/

International, US

Hemp Keeps Up Quick Pace

The hemp industry is moving at the speed of change.

Our industry has faced its own unique set of challenges since the passage of the 2018 farm bill and these growing pains are to be expected. NIHC’s core mission is to be your collective voice in front of lawmakers and regulators. Yet, NIHC can’t be your voice without your input and participation to solve these hurdles, current and new.

Some issues have yet to be resolved.

For instance, businesses in the hemp economy need equal access to the banking sector. The CBD market needs regulatory certainty; specifically whether or not CBD can be sold as food, or a supplement, or perhaps both? Because hemp looks like marijuana; we need safe transit resolved because on the spot, law enforcement can’t tell the difference. This is why we’re in constant conversations in Washington, DC and with states about testing and proper documentation. This will ensure that those involved in hemp commerce, including law enforcement and the financial markets, can distinguish between hemp and marijuana. This includes the controversial Delta-8.

The USDA continues to promulgate approvals for state programs to license farmers while other federal agencies lag behind in regulations for downstream businesses. We need certainty, but we need patience and a thoughtful approach. Last years’ election brought significant change to Washington with a new President who is still filling important roles and a new Congress. Patience is a virtue.

We are excited to see and be a part of the National Association of State Departments of Agriculture (NASDA) initiative on one percent. But what our industry needs is a coordinated state and federal strategy. We still have state legislators introducing a patchwork of laws governing our industry at the local level all across the country.

What our industry needs is a coordinated state and federal strategy. We still have state legislators introducing a patchwork of laws governing our industry at the local level all across the country.

To illustrate, here are just two of many examples of what is happening at the state level.

In New York state, Governor Cuomo recently signed into law an adult use marijuana legislation which creates a new state regulatory agency for both hemp and cannabis. That might make it easier to have one regulatory agency with jurisdiction over hemp and cannabis, but we need to better understand the role of the state department of agriculture. We also need to answer the question, what will happen to the hemp industry? It now appears it’s more lucrative to grow high-THC products in the second largest state in the country. Is the compromise on smokable hemp (that smokable hemp can only be sold in dispensaries) a positive thing for the hemp industry? Only time will tell.

In Alabama, there is a new bill that has been introduced in the state Senate that would add delta-8 and delta-10 to the list of controlled substances in the state. We can applaud the Alabama state legislature for trying to tackle the problem of delta-8. But, we believe the Alabama state senate is going down the wrong road to solve an easy problem. Delta-8 THC, per the 2018 farm bill, is a legal part of the hemp plant that exists in the plant’s natural form in only a minuscule amount that has no psychoactive effect. The problem is that some in our industry are taking advantage of a loophole in the law to manufacture artificially high concentrations of delta-8 and add them to hemp products, resulting in levels of 10% delta-8 and higher to create a psychoactive effect that would not occur otherwise. Changing the statutory definition of hemp from .3 percent delta-9 THC to one percent total THC, as has been proposed by NASDA and other stakeholders, would eliminate this loophole and prevent psychoactive delta-8 THC products from entering the market as hemp or any other non-controlled substance.

NIHC is a growing by the day.

We have a ten-year plan and have consistently exceeded our advocacy and policy goals in our nation’s Capitol. In our plans, our policy and operating budget didn’t include state advocacy. That means we don’t have the full-time staff yet hired to monitor legislation at the state level. We have been working since the beginning of the year to build and execute a strategy for successful state advocacy, it just needs to be resourced.

We realize there is a lot going on in our industry and we’d love to have NIHC member feedback on what we should be engaging on in your specific state. If you think we need to engage on a particular issue, please email us at info@hempindustrial.com.

If you haven’t become a member yet, please consider joining NIHC so we can all work better together.

Growing the Hemp Industry Begins with Quenching the Farmer’s Thirst for Knowledge

An Interview with NIHC Board of Director Robert White

As in most farm bureaus, at the Indiana Farm Bureau (INFB), they have a vision to keep agriculture in Indiana strong and vibrant, to provide quality food to Indiana residents and to protect the rural life they love. They are the largest grassroots farm organization in the state with more than 250,000 members, and offices in all 92 counties. Started in 1919, INFB is well-positioned as the Voice of Indiana Farmers, and well-equipped to assist the farmer to leverage industrial hemp.

NIHC caught up with board member Robert (Bob) White, INFB’s Director of National Government Relations, to discuss the state’s progress with the crop and the outlook for the future. In his current role, White is responsible for keeping the Indiana Congressional Delegation abreast of INFB policy. In 2017, he was chosen to be on the AFBF farm bill working group whose task it was to help shape the possible outcomes of the current farm bill. It was the sixth farm bill that White has worked on.

NIHC hopes that more Farm Bureaus get involved in the organization to bring unity and cohesion to the hemp farming community. “Indiana Farm Bureau has been a great partner and can show how a collaboration with other state-based Farm Bureaus can help promote the hemp industry overall,” says Patrick Atagi, NIHC Board Chair.

Here are Bob White’s thoughts.

Early Adaptor

White saw potential for hemp farming early on and has worked to keep his finger on the pulse of the movement. “I met Patrick Atagi, NIHC Board Chair, at a USDA’s Agricultural Outlook Forum about 5 years ago, and he told me of his idea to launch the organization. We have been connected ever since. I came on as a board member early on,” says White. White believes hemp has a big future ahead, once regulatory challenges can be ironed out. While all that’s being accomplished, White wants farmers and other farm bureaus to work together to get knowledgeable on the nuances of growing the hemp plant.

Being in the heart of the country’s farmland, White and the INFB want to help bring the state into industrial hemp farming with success.

“Indiana farmers have been discussing industrial hemp for quite a while. We are always looking for diversification away from corn and soybean, especially when prices were in the dumps about 8 years ago. We began talking about it then in Indiana through our participation in the Midwest Hemp Council. One of our INFB members, Jamie Campbell Petty, is its Executive Director, and has been working on state legislation as well as the ’18 farm bill, all to support the growth of industrialized hemp here.”

“Being involved with NIHC has also been a great resource,” says White. “One of the benefits of belonging to an organization like NIHC is that you are on the inside track on what is happening,” says White. “NIHC has basically stood the test of time as an organization. It is dedicated and deeply invested to keep industry moving forward. It provides good and factual information sources instead of disinformation, which flows from everywhere right now.”

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“There is a solitude about growing hemp that is attractive.”

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Hemp Rising

The thirst for knowledge on growing industrial hemp is growing, and many different avenues of education are available. “Even land grant colleges are getting involved,” says White. “They are spreading the word to educate farmers, along with local community colleges near rural areas. People want to know how to grow it and what to do with it. At the last Midwest Hemp Council meeting, we had close to 500 attendees, and half were farmers within 8 states. And, there were some who have never farmed.”

White noted how people who are not farmers by trade are leaving longstanding careers to grow hemp, mostly for CDB. “Many people want to see the fruits of their labor at the end of the day, instead of work that sometimes can take 5-6 years to see results. There is a solitude about growing hemp that is attractive.”

The lack of education and experience has unfortunately led to some of the failures of the industry that any budding niche might experience. It has also led to some of the misinformation that is pervasive in the industry today. To combat this, White wants to see more people getting educated on agronomics of hemp.

Hemp Agronomics 101

While the industry looks attractive and has that instant gratification appeal, White notes it takes more time to develop a business than most have given it so far. “It takes a while to learn to grow it. Early on, it took special treatment for soy and corn, too. We learned and they grew as commodities. There is still a lot of agronomics on the growing, planting, harvesting and processing of hemp to learn,” says White.

Farmers who are agriculturally-motivated to do something different with their land have so far tested the waters and planted crops. But the missing piece is demand. “Strong demand is missing. It takes a lot of capital investment to set up a fiber processing facility, which our state of Indiana needs. We have not reached a critical mass, not at that tipping point. More people will get involved, and as we learn, we will do what we farmers always do – we will turn it into a commodity,” notes White.

He even predicts the industry early adopters will reap the most significant profits of the industry expansion. “Hemp is a finicky crop. Those who are working out the growing process now will be able to jump back in successfully when things start to heat up. They will be ready to bring a harvest to a supplier with efficiency. It is important that farmers figure this out now while we wait for demand to rise.”

Resolving Issues

Industry obstacles are currently on their way to being resolved, slowly but surely, White says. “Organizations like the NIHC are at the forefront of these practical, legal and consumer awareness hurdles, and there is a future for industrial hemp on the horizon.”

“Legally, I don’t get much involved on that front – only when we lobby for leeway in THC levels. Right now in Indiana, we see a lot of crops being destroyed as the go-to law enforcement directive. There are other ways to handle the crop where the farmer doesn’t lose their whole investment, such as taking it to a fiber processing plant, where they take a ding on the price, but can still sell it as fiber as opposed to CBD.”

Law enforcement in Indiana, like elsewhere in the nation, is asking for testing options. They want to be able to test it on the spot to determine a course of action. “There needs to be a better certification process, for sure, and a path for law enforcement that doesn’t lead to all loads being destroyed or buried.”

On the consumer front, White sees promise in NIHC’s Hemp Checkoff program. “I think we need a checkoff just like other commodities. Farmers do see valuable benefits to a checkoff; we just want to get the timing right to launch it. Soybean, corn, beef and milk have successfully educated people about the products, and farmers saw a return on their investment.”

In the short-term, White believes farmers need to focus on the agronomics of industrial hemp – the growing, harvesting, processing, and sale. “Farmers cannot grow it and hope someone will buy it, maybe like they have done with other crops,” White says. “Let demand grow, and then plant it. Then the marketplace will also work out the issues like THC, certification, transportation and more to accommodate the end uses.”

“I think in 3 to 5 years, this industry will come into its own for the farming community,” White concludes. “They should keep paying attention, learning, discover their market, be conservative until all that is determined. Only then they can grow 1,000 acres of it.”

International, US

Member Spotlight: New West Genetics

It is all about being in the right state at the right time.

New West Genetics is in the business of providing farmers with high quality hemp seed produced for grain, cannabinoids, and fiber since the opportunity opened in 2014 in the state of Colorado, the first to open its marketplace. Each variety has its own unique genetic profile in order to create a quality product. Each is backed by 7 years of industry research and development (a lifetime in this industry), plus over 20+ years each of Ag experience from the founding partners, Wendy Mosher, president/CEO, Dr. John McKay, Chief Scientific Officer (as well as Professor of Plant Evolutionary Genomics at Colorado State University) and Dr. Rich Fletcher, chief technology officer and director of breeding.

Yet, you might say that New West Genetics is as much of a technology company as it is an agricultural one. NWG uses genomic technology and data-driven discovery to create large-scale, harvestable hemp, greatly enhancing the sustainability of the industry and paving the way for large-scale product development.

NIHC caught up with Wendy Mosher to discuss her company, the industry and her thoughts on the work of NIHC.

I want the U.S. to be the leader of all things hemp. We have pushed this industry farther than any other country. We need to maintain that edge. We have got to keep pushing.

Tell us about your early-adaptor status to the hemp industry.

In 2014, we saw the opportunity unfolding. Because of my partners’ experience in breeding and genetics, we knew what needed to be done and how long it takes. Colorado’s Amendment 64 mandated the state create a regulatory system for hemp, then the 2014 Farm Bill allowed R&D on hemp, which created the opportunity to launch New West Genetics.

We were attracted to hemp for all the reasons everyone else is, but we knew the plant needed tons of improvements, and still is evolving, which is exciting to us.

Our company believes in in multipurpose varieties, we license to larger CPG or processing companies, as well as sell seed direct to the farmers. We work closely with farmers and processors to make a positive impact for both.

As an early adopter, we like to think we have a premiere advantage, we had a head start. Breeding quality genetics takes time, the more cycles you select within, the more stable and reliable your variety becomes. Our product is not a strain, we produce varieties.

What value do you see in being a member of NIHC (and what inspired you to join)?

I appreciate their history and experience on Capitol Hill and in agriculture. There’s no other hemp industry organization today that has more experience within the regulatory side with the USDA and other agencies. They have filled a critical hole in the industry.

We were an original member of the organization, speaking a lot with chair Patrick Atagi as he was developing the NIHC mission. We saw the value in the working experience the Council has within regulatory bodies. From our experience, we understand that just knowing how all these federal organizations work is, in itself, a huge hurdle, which NIHC brings to the industry.

From our perspective, we have witnessed the collapse of pricing, the arrival at commodity like dynamics, which laid the burden primarily on the farmer. They bore the brunt of the CBD crash and other dips in the development of the marketplace. In my opinion, I want to see the industry come together to equally share some of that burden of a nascent industry by talking with transparency around the supply chain, with all the players, including processors, contributing to building the industry we all know has so much potential. That comes with building relationships and finding levels of trust that have been lacking in our history.

What value and services does your company bring to the industrial hemp industry?

Quite simply, New West Genetics creates certified U.S. adapted hemp varieties tailored to various market traits.

On a more complex note, we also provide the agronomic knowledge we’ve gained over the last 7 years in hemp and over many more years from other crops – we support our customers on the agronomic level to ensure their best opportunity for success. We ask about their planting time, talk about what equipment they have, what plate for planting drill they use, row spacing expectations, and help them with inputs. We also visit our farm clients at least once a season in addition to video calls. We have learned a lot having seven years of planting and research (in the greenhouse in winter and on acreage in summer) working with the individual needs and harvest expectations of the farmers and pass that knowledge back to the farmers.

From your perspective, what is the most important aspect concerning the industrial hemp industry today?

Without a doubt, market and supply chain development for grain and fiber, and regulatory movement.

The full potential of industrial hemp is yet to be realized because it is still new. There is a lot of opportunity to utilize protein and lipids, but we are all still learning. It is clear that the consumer wants this. I believe we are at a tipping point. They want it on the shelf, whether they are educated about it or it is just trendy is another discussion. Either way a strong and growing demand is clearly evident.

I have more seed than there are growers for it for the marketplace. There are two main issues concerning the industry right now from our perspective.

Regulations stifling the industry is ultimately the largest constraining issue. Larger companies who are positioned in the market, and new players waiting to large investments to the table, want to see the regulatory pathway clear. Ultimately, the FDA needs to approve grain across animal species and at the very least sanction the use of CBD as a dietary supplement.
Relatedly, the supply chain needs work – once that regulatory piece opens up, we as an industry need to be ready to scale. We have taken care of the genetics piece, now we need to see logistics, elevators, seed conditioners, scaled fiber processing, grain ingredient advancements, etc. Such an exciting time, every single one of these is being worked on, we just need to be sure we’re all staying in touch and collaborate on needs and progress, so we can create strong relationships that will be ready to serve these larger CPG companies.

Let me be clear, I want the U.S. to be the leader of all things hemp. We have pushed this industry farther than any other country. We need to maintain that edge. We have got to keep pushing. Other international players are already making strides quickly, and if we don’t move expediently, we could lose our edge.

How is your organization helping to move the industrial hemp industry forward?

New West Genetics is working hard to lay a strong foundation for the industry – by providing the first link in the supply chain – stable genetics. In addition, our R&D team has been cultivating for multiple seasons a year for 7 years, thus have one of the strongest agronomic understandings, which we are happy to share with producers.

We also spend countless hours shoring up the supply chain side, including downstream market developments. Much of my time is devoted to this – famers need a place to take their crops – but the market is still nascent, as I stated earlier. So, it is essential we spend time educating medium and larger CPG and processing companies on the value of hemp, both for its nutrition and sustainability. There is no other crop that can compete on both of those fronts.

Your website states “We are transforming the hemp industry by creating the most reliable, premium, proprietary hemp seed that reduces risk, increases yield, and enables sustainable large-scale production.” How you are accomplishing this?

We accomplish this by applying our expertise in agriculture and our dedication to data-based claims – we boast the largest, most accomplished team in genetics and agribusiness – over 150 years of experience bringing new crops to market.

To see more about New West Genetics, visit https://newwestgenetics.com/meet-the-team/

Check out the video from NWG’s last harvest festival:

https://www.youtube.com/watch?v=pzu2-Mc-Uyo&feature=emb_logo

Update on CBD Legislation

NIHC Position on Latest Developments

As you may have heard, Congressmen Kurt Schrader (D-OR) and Morgan Griffith (R-VA) re-introduced their bill to designate hemp and all hemp-derived ingredients, including cannabidiol (CBD), as a dietary supplement under the Food, Drug and Cosmetic Act. The Congressmen originally introduced this legislation in the previous Congress, late last year.

This week, NIHC staff and our Government Affairs Committee co-chairs met with Congressman Schrader’s office and other stakeholders to discuss concerns with FDA’s failure to regulate CBD and other hemp products, and to share our thoughts on the bill. We look forward to discussions with Congressman Griffith’s office as well in the coming days.

Congressman Schrader believes that Congress should intervene in lieu of the FDA’s failure to act. NIHC supports this effort and believes it’s a good starting point toward establishing regulatory certainty with CBD and other hemp-derived consumer products. However, our perspective on the legislation as currently written is that CBD would be labeled only as a dietary supplement, but not as food. NIHC is concerned that this may effectively limit market access for many farmers and other producers who supply hemp-derived foods and food ingredients, and also limit consumer choice and safety with respect to hemp-derived food products. We feel further investigation is needed to determine the extent to which designation as dietary supplement may harm smaller and independent farms who depend on market access as food.

Though designation of hemp as a dietary supplement does not preclude it from being also designated as food in the future – and many States are nevertheless establishing their own regulatory guidelines for hemp-derived foods in the meantime – we are concerned that a patchwork of State regulations with respect to food and the lack of FDA guidance could unfairly disadvantage broad swaths of the industry aimed at supplying hemp-derived food products, particularly smaller and independent hemp farmers and farm-to-shelf consumers.

We believe that Congress and industry stakeholders need more information to determine the extent to which this could have unintended consequences on these key industry constituencies. Thus, the NIHC continues to engage industry stakeholders and hasn’t yet taken an official position on the bill.

However, we do welcome the Schrader-Griffith bill as a strong incremental step toward bringing certainty and a level playing field to the hemp industry. We encourage both Congress and FDA to redouble efforts to provide adequate regulatory direction for hemp-derived consumer products across the board, including both as dietary supplements and as foods.

If you have thoughts on this legislation, we want to hear from you. Please share your thoughts with us at info@hempindustrial.com.