§ 22 §2158-A — Food, food additives and food products containing hemp not adulterated

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain hemp, including cannabidiol derived from hemp, are not considered to be adulterated under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hemp. The nonpharmaceutical or nonmedical production, manufacturing, marketing, sale or distribution of food, food additives or food products within the State that contain hemp may not be prohibited within the State based solely on the inclusion of hemp. A food establishment or eating establishment, as defined in section 2491, subsection 7, may not make a claim that food, food additives or food products that contain hemp can diagnose, treat, cure or prevent any disease, condition or injury without approval pursuant to federal law. For the purposes of this section, "hemp" has the same meaning as in Title 7, section 2231, subsection 1‑A, paragraph D and "manufacturing" means producing, preparing, processing, propagating, blending, infusing, compounding, concentrating or converting hemp or food, food additives or food products containing hemp either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis.

Legislative History

PL 2019, c. 12, Pt. A, §1 (NEW). PL 2019, c. 528, §11 (AMD).