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ICYMI: New York State passed a bill that requires cannabis-based CBD extracts testing

Updated: Jan 21, 2020

New York State passed a bill that requires cannabis-based CBD extracts testing. This can help those in the hemp supply chain remove barriers to bringing CBD products to market, but it does not address the very significant issue of using these products in food—a practice that is still technically illegal. For that we apparently will need the FDA, and they have been cracking down on health claims issuing cautionary notes of late. The point is, industrial hemp farmers are being encouraged to grow hemp for non-psychotropic products, but every step forward remains a potential step back. So: Let the FDA and your legislators know that you want action.

Governor Cuomo Signs Legislation Establishing Regulatory Framework for Producing and Selling Hemp in New York State

AGRICULTURETOP Governor Cuomo Signs Legislation Establishing...SHARE

S.6184/A.7680 Establishes a State Permitting Process for Growers, Processors and Sellers of Hemp Extract

Requires Laboratory Testing of Hemp Extract Products, Including CBD, and Product Labeling

New York State to Host Hemp Summit in January

Governor Andrew M. Cuomo today signed legislation (S.6184/A.7680) establishing a regulatory framework for the production and sale of hemp and hemp extract in New York State. The measure also requires the hemp industry to test and label their products, protecting consumers from potential harm. The legislation was signed pursuant to a chapter agreement, which provided for a more streamlined regulatory pathway for hemp products, granted the Department of Agriculture and Markets supervision over hemp growers and the Department of Health supervision over hemp extract; created a registration requirement for sellers of hemp extract products; made conforming regulatory changes to the 2018 Farm Bill; and defers decision making on hemp extracts, including CBD, as additives for food and beverages.

The Governor also announced that New York State will host a hemp summit in January to further develop policies and priorities related to this burgeoning industry.

"The hemp industry in New York is exploding and with that growth comes a responsibility to regulate the industry in a way that helps ensure its long-term viability and protects consumers," Governor Cuomo said. "By establishing a regulatory framework for producing and selling hemp and hemp extract we can set the industry on a path to continued growth in a smart, safe way that empowers both farmers and consumers."

New York State's hemp program, including the hemp extract market, which sells popular products like CBD, has recently experienced significant growth. The growth of this industry, including more consumers using hemp extract products, has increased the need for a well-defined regulatory framework for producing and selling hemp extract as well as stronger protections for consumers. This measure helps achieve that goal by establishing a state permitting process for growers, processors and sellers of hemp and hemp extract as well as requires the laboratory testing and labeling of hemp extract products.

Senator Jen Metzger said, "Today, New York has taken a nation-leading step forward to create the framework for growing, processing, and selling hemp extract and related products in our state, providing a tremendous opportunity for our farmers and businesses up the value chain while ensuring that we have the standards needed to protect consumer safety and well-being. As the Chair of the Senate Agriculture Committee, I am thrilled to partner with my counterpart in the Assembly, Donna Lupardo, as well as the Governor in putting this legislation in place in a timely manner."

Assemblymember Donna Lupardo said, "For the last five years, New York has carefully developed one of the most highly regarded hemp programs in the country. Given the enormous consumer interest in hemp extracts like CBD, we need to develop labeling standards the public can rely on. This legislation provides important consumer protections, while giving a clear direction for the hundreds of farmers, processors and manufacturers who have made substantial investments in this new industry. I'd like to thank the Governor for his leadership on this topic, positioning New York as a national hemp leader."

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