HB 272 - AS INTRODUCED
2021 SESSION
21-0157
08/10
HOUSE BILL 272
AN ACT relative to the labeling and sale of hemp products containing CBD.
SPONSORS: Rep. Knirk, Carr. 3; Rep. Weston, Graf. 8; Rep. Pearl, Merr. 26; Rep. Marsh, Carr.
8; Rep. Van Houten, Hills. 45; Rep. Woods, Merr. 23; Rep. Bixby, Straf. 17; Sen.
Rosenwald, Dist 13; Sen. Sherman, Dist 24
COMMITTEE: Environment and Agriculture
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ANALYSIS
This bill:
I. Allows for the sale of products containing CBD derived from hemp.
II. Requires products containing CBD derived from hemp to be registered annually by the
manufacturer.
III. Creates a position in the department of health and human services to perform inspections
relative to registered products containing CBD derived from hemp.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 272 - AS INTRODUCED
21-0157
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the labeling and sale of hemp products containing CBD.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Subdivision; Products Containing Hemp. Amend RSA 146 by inserting after section 21
2 the following new subdivision:
3 Products Containing Hemp or Hemp Products
4 146:22 Products; Hemp.
5 I. In this section, “hemp” means the plant Cannabis sativa L. and any part of the plant,
6 including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
7 salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of
8 not more than 0.3 percent on a dry weight basis.
9 II. Notwithstanding any other provision of law to the contrary, food, food additives, or food
10 products that contain hemp, including cannabidiol (CBD) derived from hemp, shall not be considered
11 adulterated or misbranded solely on the inclusion of hemp or CBD derived from hemp. The
12 nonpharmaceutical or nonmedical production, marketing, sale, or distribution of food, food additives,
13 or food products within this state that contain hemp or CBD shall not be prohibited within this state
14 based solely on the inclusion of hemp or CBD. No person shall make a claim that products that
15 contain hemp or CBD derived from hemp can diagnose, treat, cure, or prevent any disease, condition
16 or injury without the approval of the federal Food and Drug Administration pursuant to federal law.
17 III. Pursuant to federal law, any food product containing CBD offered for sale in New
18 Hampshire shall be manufactured in New Hampshire. In this subdivision, "manufactured" means
19 the addition of CBD derived from hemp to any food product shall take place in New Hampshire. If
20 federal law allows interstate commerce of food products containing CBD, then this paragraph shall
21 be void.
22 IV. For all point-of-sale CBD-infused food products, only CBD products registered in New
23 Hampshire under this subdivision can be added to a food product at the point of sale with such CBD-
24 infused food product clearly labeled as to the quantity of the CBD product added and the label and
25 certificate of analysis of the registered and labeled CBD product which was added shall be displayed
26 with the point of sale CBD-infused food product.
27 V. The therapeutic cannabis program established under RSA 126-X shall be exempt from
28 the provisions of this subdivision.
29 146:23 Testing of Products.
30 I. Any product containing CBD derived from hemp offered for sale shall have testing done by
31 a third party laboratory which produces a certificate of analysis listing the CBD content, THC
HB 272 - AS INTRODUCED
- Page 2 -
1 content, the presence and content of pesticides, heavy metals, residual solvent, mold, bacteria, and
2 yeast. Such certificate of analysis shall be displayed on the label of the product offered for sale or be
3 traceable to the certificate of analysis in such a manner that the consumer may retrieve the
4 certificate of analysis.
5 II. Any laboratory offering testing of products containing CBD derived from hemp shall be
6 approved by the department of health and human services according to rules adopted by the
7 commissioner of the department under RSA 541-A.
8 146:24 Products; Labeling. All products containing CBD derived from hemp shall be labeled
9 with the following:
10 I. If an oral tincture, pill, or capsule the amount of milligrams of CBD per milliliter.
11 II. If any other product, the serving size and the contents of CBD in milligrams per serving
12 size or if there is no serving size the contents of CBD in milligrams per milliliter.
13 III. The following warning: "The FDA strongly advises that during pregnancy and while
14 breast-feeding, you avoid using CBD.” There is no FDA approval for use of CBD in children except by
15 prescription for severe seizure disorder.
16 IV. An explanation that the product is derived from hemp and may contain THC, unless the
17 testing shows zero THC.
18 V. A warning that the consumer ought to consult with a medical provider if he or she is
19 taking any other medication.
20 VI. A warning to keep such products out of the reach of children.
21 VII. The process lot number.
22 VIII. The manufacturing date of the product.
23 IX. A list of all ingredients in descending predominance by weight if the ingredient
24 represents at least 0.05 percent of the content of the product.
25 X. The name of manufacturer of the product.
26 XI. The identity of product.
27 XII. The net weight or net volume of the product.
28 XIII. The recommended serving size, according to the manufacturer of the product.
29 146:25 Registration. Any product with CBD derived from hemp shall be registered by its
30 manufacturer with the commissioner of the department of health and human services prior to selling
31 any such products. Applications for registration or re-registration shall be in writing, under oath, in
32 a form prescribed by the commissioner of the department of health and human services, in
33 consultation with the department of agriculture, markets, and food, and shall be accompanied by a
34 fee of $100 per product. Each product registration is valid for one year and may be renewed for
35 additional one-year periods upon application and payment of the fee.
HB 272 - AS INTRODUCED
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1 146:26 Rulemaking. The commissioner of the department of health and human services, in
2 consultation with the department of agriculture, markets, and food shall adopt rules under RSA 541-
3 A relative to:
4 I. Application procedures for obtaining a registration per product under this subdivision.
5 II. Qualifications of applicants in addition to those set forth in this subdivision.
6 III. Procedures for renewal of registration.
7 IV. Setting of and collection of fees to cover the costs of administering this subdivision.
8 V. Establishment of administrative penalties and fines for violations of this subdivision.
9 2 Inspector; Position Authorized. In order to facilitate the state's enforcement of the
10 registration of products containing CBD derived from hemp, the department of health and human
11 services is authorized to hire a inspector from the funds collected in RSA 146:25.
12 3 Effective Date. This act shall take effect July 1, 2022.
Statutes affected: latest version: 6:12