The National Industrial Hemp Council (NIHC) is leading the way to establish sensible and workable regulatory policies to protect consumers while allowing the CBD industry to continue to flourish. At the NIHC, we’re continuing to advocate to keep bad actors out of the market so that consumers who use CBD products know the products are safe and can deliver the health benefits they’re seeking.

The NIHC has met with the FDA’s CBD working group as they continue to explore a pathway forward toward regulating the industry. We continue to believe that a policy of enforcement discretion addressing the following issues is the best path forward to develop regulatory certainty for the CBD industry:

Clarity regarding standardized testing requirements and laboratory practices

  • Manufacturers, processors, and laboratories are not clear on best practices for testing, traceability, or production. This creates safety concerns throughout the supply chain and for consumers.
  • We would support additional clarity from FDA regarding best practices.
  • Specifically, we recommend adoption of ISO 17025 as an acceptable model for best laboratory practices.

Pesticide testing for finished products.

  • We remain concerned about the consistency and quality of pesticide testing. Is it being done by labs? Is it being tested properly? There are challenges in creating a national standard given variances in pesticide usage by state but nevertheless we believe there need to be standards.

Standardized labeling and product transparency.

  • The current state labeling patchwork is already problematic. A standardized labeling regime is necessary to prevent consumer confusion and provide a workable production scenario for manufacturers.
  • In addition to the labeling elements required per FDA, packaging could include a link to the COA, batch number, expiration date, milligrams of hemp extract, and a statement regarding THC content.

On a longer term basis we encourage the FDA to address the following issues:

Adopt a 70 mg/day standard consistent with the UK standard.

  • Like other nutritional vitamins and supplements the FDA regulates, we believe the agency can play a key role in making sure that consumers are using CBD appropriately to get the best health benefits.

Treatment of minor cannabinoids

  • To provide clarity in the marketplace, the FDA needs to clearly define the manufacturing process.