According to the Federal Drug Administration (FDA), the sale of CBD items in retail food operations, such as grocery stores or restaurants, are in violation of current federal and state laws unless they are considered as “Generally Recognized As Safe” (GRAS).
According to the FDA:
- CBD is a drug (pharmaceutical) - no matter the source (cannabis or industrial forms of the plant).
- It is unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived. This is because both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements. Under the FD&C Act, it's illegal to introduce drug ingredients like these into the food supply, or to market them as dietary supplements. This is a requirement that we apply across the board to food products that contain substances that are active ingredients in any drug.
There are currently only three parts of the hemp plant that are recognized as GRAS in the United States. Those three hemp components are:
- Hulled hemp seed
- Hemp seed protein
- Hemp seed oil.
All other hemp derivatives, such as CBD, CBD oil and other parts of the industrial hemp plant (e.g. leaves), are not considered GRAS and are not approved as a food, food additive, or dietary supplement.
Industrial hemp products, other than those above listed recognized as GRAS, would be in violation of the current federal and state laws, in food would be considered adulterated or as a non-approved dietary supplement.
If your retail food operation is offering for sale any of the following products, the Nevada County Department of Environmental Health is requiring that the sale of said products is immediately cease and desist, and removal of these items from your facility is required.
As soon as Nevada County Environmental Health receives notification from the California Department of Public Health – Food and Drug Branch that the FDA has approved these items for sale to the public, Environmental Health will notify you of this change.
For questions, please contact Environmental Health at (530) 265-1222 or send an email to Env.Health@co.nevada.ca.us.