I work with many manufacturers and distributors of hemp-derived products and am often surprised by the fact that few understand their general obligations beyond labeling requirements.
Every state that authorizes and formally regulates the manufacture, distribution, and sale of these products – Colorado is a good example – imposes stringent manufacturing requirements that squarely align with those imposed on food products, dietary supplements, and cosmetics free of a hemp-derived ingredients under the Federal Food, Drug, and Cosmetic Act (FDCA).
Some of these requirements include complying with Current Good Manufacturing Practice (CGMP) to ensure the quality and safety of food products, dietary supplements, and cosmetics, as well as deliver properly labeled products to consumers. CGMPs provide for mechanisms that assure monitoring and control of manufacturing processes and facilities. This includes, for example, registering the manufacturing facility for inspection purposes, establishing standard operating procedures (SOPs), detecting and investigating product quality deviations, using reliable testing protocols, and ensuring proper packaging and labeling.
Both federal law and state laws prohibit the introduction or delivery into interstate commerce and intrastate commerce of any food, dietary supplement, or cosmetic that is adulterated or misbranded. The FDCA defines “interstate commerce” to mean commerce between any State, the