The new guidance bans the manufacture and sale of ready-to-eat food with CBD infusions or CBD extracts, such as CBD chocolate syrup, CBD soda, and CBD-infused frosting-drizzled cookies. Rather, any CBD product intended for human consumption must (1) be produced under accepted dietary-supplement standards and (2) be properly labeled and packaged for sale under FDA regulations for dietary supplements. Licensees intending to sell or distribute CBD dietary supplements in anything other than pill or tincture form must obtain the Department of Agriculture and Market’s prior written approval for each product it proposes to sell or distribute.
New York recognizes that its position is contrary to the FDA’s position that CBD products are excluded from the definition of dietary supplements. Accordingly, the state now requires all CBD processor licensees to sign a CBD processing agreement acknowledging the contradictory positions and the inherent risk associated with processing CBD for human consumption.
The CBD processing agreement also requires licensees to follow the product testing guidelines set forth in New York’s medical marijuana regulations for any CBD product intended for human consumption. Similarly, CBD products intended for human consumption must comply with stringent new labeling and notice requirements.
Read together, the new FAQ and CBD processing agreement forecast New York’s intent to strictly regulate CBD products intended for human consumption.