An Act To Clarify That Food, Food Additives and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State's Definition of "Hemp" to the Definition in Federal Law
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the federal Food and Drug Administration, in response to the passage of the federal Agriculture Improvement Act of 2018, released a statement announcing that it is unlawful under the Federal Food, Drug, and Cosmetic Act to introduce food containing added cannabidiol into interstate commerce because it is an active ingredient in a federally approved pharmaceutical drug; and
Whereas, the health inspection program within the Maine Centers for Disease Control in the Department of Health and Human Services has sent letters to retail food establishments in the State and regulators from the Department of Agriculture, Conservation and Forestry have contacted pet stores explaining that any food or food products containing hemp-derived cannabidiol must be removed from shelves, even if those food or food products are not introduced into interstate commerce, which has created anxiety and confusion among business owners, stakeholders and consumers alike; and
Whereas, any compliance with the letters or statements from the Department of Health and Human Services or the Department of Agriculture, Conservation and Forestry, which expand the federal Food and Drug Administration's authority to regulate only food that enters into interstate commerce, will undermine state sovereignty, diminish the livelihoods of Maine hemp farmers, food producers and retailers and deprive the people of Maine of the food that they consider necessary for their own or their animals' health and well-being; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. A-1. 22 MRSA §2158-A is enacted to read:
§ 2158-A. Food, food additives and food products containing hemp not adulterated
Notwithstanding any other 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 or misbranded under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hemp. The nonpharmaceutical or nonmedical production, marketing, sale or distribution of food, food additives or food products within the State that contain hemp may not be restricted or 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.
Sec. B-1. 7 MRSA §2231, as amended by PL 2015, c. 202, §1, is further amended to read:
§ 2231. Hemp
All fees received pursuant to this subsection must be paid to the Treasurer of State and credited to a separate, nonlapsing account in the department. Money received pursuant to this subsection must be used for the expenses of administering this chapter.
Sec. B-2. 17-A MRSA §1101, sub-§22, as enacted by PL 2003, c. 61, §1, is amended to read:
Sec. B-3. 17-A MRSA §1103, sub-§7, as enacted by PL 2003, c. 61, §2, is amended to read:
Sec. B-4. 17-A MRSA §1105-A, sub-§3, as enacted by PL 2003, c. 61, §3, is amended to read:
Sec. B-5. 17-A MRSA §1105-C, sub-§3, as enacted by PL 2003, c. 61, §4, is amended to read:
Sec. B-6. 17-A MRSA §1105-D, sub-§3, as enacted by PL 2003, c. 61, §5, is amended to read:
Sec. B-7. 17-A MRSA §1106, sub-§6, ¶A, as enacted by PL 2007, c. 346, Pt. B, §1, is amended to read:
Sec. B-8. 17-A MRSA §1107-A, sub-§3, ¶A, as enacted by PL 2005, c. 430, §4 and affected by §10, is amended to read:
Sec. B-9. 17-A MRSA §1107-A, sub-§5, ¶A, as enacted by PL 2007, c. 346, Pt. B, §2, is amended to read:
Sec. B-10. 17-A MRSA §1111-A, sub-§10, as enacted by PL 2003, c. 61, §8, is amended to read:
Sec. B-11. 17-A MRSA §1117, sub-§3, as enacted by PL 2003, c. 61, §9, is amended to read:
Sec. B-12. 28-B MRSA §102, sub-§27, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.