2019 Louisiana Laws
Revised Statutes
Title 3 - Agriculture and Forestry
§1482. CBD products; prohibitions; Louisiana Department of Health
RS 1482 - CBD products; prohibitions; Louisiana Department of Health
A. No person shall process or sell:
(1) Any part of hemp for inhalation.
(2) Any alcoholic beverage containing CBD.
(3) Any food product or beverage containing CBD unless the United States Food and Drug Administration approves CBD as a food additive.
B. Any CBD product that is manufactured, distributed, imported, or sold for use in Louisiana shall:
(1) Be produced from hemp grown by a licensee authorized to grow hemp by the United States Department of Agriculture or under an approved state plan pursuant to the Agriculture Improvement Act of 2018, P.L. 115-334, or under an authorized state pilot program pursuant to the Agriculture Act of 2014, P.L. 113-79.
(2) Be registered with the department in accordance with the State Food, Drug, and Cosmetic Law, R.S. 40:601 et seq.
(3) Be labeled in accordance with the State Food, Drug, and Cosmetic Law, R.S. 40:601 et seq.
(4) Not be marketed as a dietary supplement.
C. All labels shall meet the following criteria in order to receive approval from the department:
(1) Have the following words printed clearly on the label: "This product has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease."
(2) Contain no medical claims.
(3) Have a scannable bar code, QR code, or web address linked to a document or website that contains a certificate of analysis as provided in Subsection D of this Section.
D. In addition to the registration requirements established by the department, the application for registration shall include a certificate of analysis containing the following information:
(1) The batch identification number, date received, date of completion, and the method of analysis for each test conducted.
(2) Test results identifying the cannabinoid profile by percentage of dry weight, solvents, pesticides, microbials, and heavy metals.
E. The certificate of analysis required by Subsection D of this Section shall be completed by an independent laboratory that meets the following criteria:
(1) Is accredited as a testing laboratory approved by the department.
(2) Has no direct or indirect interest in a grower, processor, or distributor of hemp or hemp products.
F. The department shall provide a list of registered products to the office of alcohol and tobacco control, law enforcement, and other necessary entities as determined by the department.
G. The provisions of this Section do not authorize any person to manufacture, distribute, import, or sell any CBD product derived from any source that is not hemp.
H. The provisions of this Part shall not apply to any CBD product approved by the United States Food and Drug Administration or produced in accordance with R.S. 40:1046.
I. The department shall charge and collect from the manufacturers or packers of industrial hemp-derived CBD products an annual examination and investigation charge of not more than fifty dollars for any one separate and distinct product registered. This charge shall be in lieu of the charge pursuant to R.S. 40:628.
J. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section by November 1, 2019.
Acts 2019, No. 164, §1, eff. June 6, 2019.
