CBD Not Allowed in Food or as a Dietary Supplement

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Date Published
July 21, 2020

The Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) legalized hemp and hemp derivatives with <0.3% dry weight THC content. The Food and Drug Administration (FDA) is working to answer questions about the science, safety, and quality of products containing cannabis-derived compounds, particularly CBD. FDA is aware that some companies are marketing food products and products labeled as dietary supplements that contain cannabis or cannabis-derived compounds in ways that violate the Federal Food, Drug and Cosmetic Act (FD&C Act). Per the FD&C Act, it is currently illegal to market CBD by adding it to food or labeling it as a dietary supplement. More information on the FD&C Act is available here. Additional information from FDA about CBD is available here.

When CCOF certifies a product that contains hemp-derived CBD, we are only authorized to verify compliance with organic standards. Products may be subject to other regulations or requirements. The manufacturer or seller is responsible for ensuring that products meet all applicable FD&C, FDA, state, or local regulations and requirements. Please verify that your products are legal before you submit them to CCOF for approval. CCOF certified operations can refer to the CCOF Certification Services Manual for details regarding “Consent to Jurisdiction," "Indemnification," and "Limitation of Liability".