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Amend the bill by striking out the title and substituting the following:
‘An Act To Clarify That Food, Food Additives and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State's Definition of "Hemp" to the Definition in Federal Law’
Amend the bill in Part A by striking out all of section 1 and inserting the following:
‘Sec. A-1.  22 MRSA §2158-A  is enacted to read:
§ 2158-A. Food, food additives and food products containing hemp not adulterated
Notwithstanding any other provision of law to the contrary, food, food additives or food products that contain hemp, including cannabidiol derived from hemp, are not considered to be adulterated or misbranded under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hemp. The nonpharmaceutical or nonmedical production, marketing, sale or distribution of food, food additives or food products within the State that contain hemp may not be restricted or prohibited within the State based solely on the inclusion of hemp. A food establishment or eating establishment, as defined in section 2491, subsection 7, may not make a claim that food, food additives or food products that contain hemp can diagnose, treat, cure or prevent any disease, condition or injury without approval pursuant to federal law. For the purposes of this section, "hemp" has the same meaning as in Title 7, section 2231, subsection 1.’
Amend the bill in Part B in section 1 in §2231 in subsection 1 in the 6th line (page 2, line 13 in L.D.) by inserting after the following: "chapter." the following: '"Hemp" includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp. "Hemp" does not include marijuana for medical use pursuant to Title 22, chapter 558-C or adult use marijuana pursuant to Title 28-B, chapter 1.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment strikes and replaces Part A of the bill and provides that food, food additives and food products that contain hemp and hemp products, including hemp-derived cannabidiol, are not considered to be "adulterated" under state law and that the nonpharmaceutical or nonmedical production, marketing, sale or distribution within the State of food, food additives or food products that contain hemp-derived cannabidiol may not be prohibited. The amendment also clarifies that eating establishments, in addition to food establishments, may not make any therapeutic claims about food products that contain hemp-derived cannabidiol without federal approval.
The amendment clarifies that the definition of "hemp" includes commodities and products derived from hemp, including food, food additives and food products, and that it does not include medical marijuana as governed by the Maine Medical Use of Marijuana Act or adult use marijuana as governed by the Marijuana Legalization Act.
FISCAL NOTE REQUIRED
(See attached)