SAFETY

The safety of the consumer is paramount and
should be a driving force in the industry.

BIOMASS

Ingredients must be derived from the hemp plant, as defined by the 2018 Farm Bill.
Hemp must be grown in the United States.
Hemp material must be traceable from its point of origin to the production facility. This information must be readily available to regulators, suppliers and distributors.

CANNABINOIDS

Cannabinoids must be derived from, naturally occurring in, and directly extracted from, the hemp plant (e.g., delta-9-THC).
Hemp cannabinoids that may be converted from other naturally occurring cannabinoids may be used upon review and approval by the appropriate state regulatory agency.
Synthetic cannabinoids or other artificially derived cannabinoids should be prohibited from use in beverages.
Hemp beverages should not contain quantifiable amounts of HHC, THC-O, THC O-acetate, or delta-10 THC.

INGREDIENTS

Emulsion: Emulsions should be free of contaminants, tested by batch, and with results reported on an easily accessible certificate of analysis (COA).
Other ingredients: With the exception of cannabinoid emulsions, all ingredients (including flavorings, preservatives and other ingredients) should be FDA-approved and/or generally recognized as safe (GRAS).
Other active ingredients: To the extent permitted, functional ingredients such as caffeine, probiotics, l-theanine, antioxidants, etc., should:

Be clearly listed on the label; and
Be limited in dosage in a manner that does not increase the intoxicating effects of THC.

Alcohol: Hemp beverages must not contain any alcohol, and alcohol should not be mixed with hemp beverages.

PRODUCTION

Production facilities must adhere to minimum levels of quality control and health standards that are required for beverage manufactures under federal and (as applicable) state law (e.g., Certified Good Manufacturing Practices Certificates, FDA facility license, etc). Employees must be trained in the safe storage, handling, and application of hemp ingredients.
Emulsions must be stored in a safe area, clearly marked as containing hemp that is not for retail use or sale, and away from the general public.
Hemp beverages may be produced in facilities that also produce marijuana or alcoholic products.
Finished products can be staged, transported, and stored in a manner consistent with any other adult beverage.

TESTING - CONTAMINANTS

Hemp beverages should be free of microbials (e.g., yeast, mold, bacteria, aspergillus, e.coli), mycotoxins, residual solvents, heavy metals, pesticides, and foreign matter.

TESTING - FINISHED PRODUCT

Full panel certificates of analysis must attest to the concentrations of at least the following analytes:

The following cannabinoids should be prohibited by statute from use in hemp beverages such that batch testing should not be required. Testing for these cannabinoids is expensive and difficult, and most accredited laboratories lack the equipment needed to accurately test for them as they are very rarely, if at all, used in hemp beverages generally:

TESTING - VARIANCE

Similar to other regulated products, a variance between what is listed on the nutrition label and what is present within the product should be allowed. The allowed variance should be the greater of (a) 0.25mg or (b) 10% of the label’s stated cannabinoid dosage.

TESTING FACILITIES

Hemp beverages must be tested by an independent, third-party testing facility.
Testing facilities should be accredited by the state in which it operates, maintain ISO/IEC 17025 accreditation for the facility, and/or be licensed by the state in which it operates to test cannabis products.
Testing facilities must maintain a scope of accreditation for all analytes required to be tested and set forth in COAs.
Testing facilities must maintain testing records, validation reports, and standard operating procedures for all testing performed.
Testing facilities do not need to be in the state in which the product is produced or sold.