On May 8, the Texas Department of State Health Services (DSHS) released the newest iteration of their proposed rule for consumable hemp products. Proposed Rule Title 25 was drafted to comply with House Bill (H.B.) 1325, which created the DSHS Hemp Program. The Hemp Program regulates the manufacture, processing, distribution, and sale of consumable hemp products and requires and issues a license for the manufacture, processing, and distribution of consumable hemp products, and a registration of retailers of consumable hemp products. “Consumable hemp product” is defined as “Any product processed or manufactured for consumption that contains hemp, including food, a drug, a device, and a cosmetic, but does not include any consumable hemp product containing a hemp seed, or hemp seed-derived ingredient being used in a manner that has been generally recognized as safe (GRAS) by the FDA.”

The proposed rule includes and discusses the following:

• The manufacture, processing, distribution, or retail sale of consumable hemp products for smoking is prohibited;

• Requirements for licensure prior to engaging in the manufacture, processing, or distribution of consumable hemp and hemp derived products;

• Requirements for licensure to sell consumable hemp products;

• Requirements for all hemp and hemp derivatives to be tested by an accredited lab to determine presence and concentration of cannabinoids, residual solvents, heavy metals, pesticides, and harmful pathogens;

• Requirements for the labeling of CBD products, including product name, lot ID, lot date, QR codes, manufacturers’ phone numbers and email address, and a Certificate of Analysis that the THC content is 0.3% or less.

Texas’ Proposed Rule Title 25 is another example of states acting in a manner that diverges from current federal regulation. The proposed rule is available for public comment until June 8, 2020. Final rules are expected in July.