Beverage Regulatory Parity Act

425. Hemp-derived beverages

(a) In general. Except as specified in subsection (b), hemp-derived beverages shall be considered a food and shall be regulated by the Secretary under this chapter.

(b) Not adulterated. A hemp-derived beverage shall not be considered adulterated within the meaning of section 402 on the basis of containing a naturally-occurring cannabinoid as an ingredient so long as such hemp-derived beverage does not violate section 402(j).

(c) Recall authority. The Secretary shall prescribe a process for the recall of hemp-derived beverages which are determined to be adulterated under section 402(j).

(d) Applicability of other provisions. A naturally-occurring cannabinoid contained in a hemp-derived beverage shall not be considered a drug or biological product for purposes of section 301(ll).

(e) Definitions. The terms hemp-derived beverage and naturally-occurring cannabinoid have the meanings given such terms in section 4(l) of the Beverage Regulatory Parity Act.

(j) If it is a hemp-derived beverage; and—

(1) its naturally-occurring cannabinoid content exceeds the maximum allowable amount established under section 4(l)(3) of the Beverage Regulatory Parity Act;

(2) it contains more than a trace amount (as defined in section 4(l)(14) of the Beverage Regulatory Parity Act) of a cannabinoid that is not a naturally-occurring cannabinoid (as defined in section 4(l)(4) of such Act);

(3) it contains any added substance, such as alcohol, caffeine, tobacco, nicotine, or melatonin, which, when combined with cannabinoids, could interact with such cannabinoids or enhance or alter the effects of such cannabinoids in a manner that is harmful to the consumer, as determined by the Secretary; or

(4) it has been manufactured, processed, packed, or held in any factory, warehouse, or establishment and the owner, operator, or agent of such factory, warehouse, or establishment delays, denies, or limits an inspection of such factory, warehouse, or establishment.

(z) If it is a hemp-derived beverage; and—

(1) it is labeled or advertised in violation of the requirements established under subsection (d) or (e) of section 4 of the Beverage Regulatory Parity Act;

(2) it was manufactured or distributed by a person who has not been issued a permit under section 4(c) of such Act; or

(3) it does not adhere to the uniform manufacturing and testing requirements established by the Administrator of the Tax and Trade Bureau under section 4(c)(2)(A) of such Act.