WASHINGTON: Recent federal and state legislative changes regarding hemp have generated many questions about cannabinoid extracts, like CBD, and whether or not they may be used as ingredients in food products. To be clear, CBD is not currently allowed as a food ingredient, under federal and state law.
HEMP AND THE 2018 FARM BILL
FDA HAS NOT APPROVED CBD AS A FOOD INGREDIENT
WASHINGTON STATE HEMP LAW
SOME PARTS OF HEMP CAN BE USED IN FOOD
While CBD is not allowed as a food ingredient, WSDA licensed food processors can currently use other hemp products in food, such as hulled hemp seeds, hemp seed protein power and hemp seed oil , provided they comply with all other requirements. FDA has determined that these components are Generally Recognized as Safe (GRAS) based on federal requirements. Search for “GRAS notices for hemp seed derived ingredients for use in human foods” on the FDA website, www.fda.gov.
Other parts of the hemp plant, including CBD, cannot be used as a food ingredient under a Washington State Food Processor License. Foods containing unapproved parts of the hemp plant may not be distributed in Washington State under a Washington State Food Storage Warehouse License.
Recognizing that these recent changes in law may have caused some confusion in the manufactured-food industry, WSDA has been reaching out to the industry so they can take appropriate actions, such as removing CBD ingredients from their products or discontinuing distribution of CBD-containing food products in the state. WSDA is committed to working with our food industry partners during this transition.