“Food” includes all products that are intended for consumption or used as an ingredient in a product intended for consumption. This includes candy, chewing gum, dietary supplements, and beverages, including alcoholic beverages (e.g., wine, beer, distilled spirits).
Further detail on the definition of “food” in Minnesota can be found in Minnesota Statute and Minnesota Administrative Rule.
Currently, three hemp products are designated as Generally Recognized as Safe (GRAS) – they are (1) hulled hemp seeds, (2) hemp seed protein powder, and (3) hemp seed oil. These three products, which are all from the seed of the hemp plant, contain only trace amounts of extracts like THC and CBD and have been evaluated by the FDA. These three products can be sold as food or added as ingredients to foods and sold in Minnesota.
Currently, three hemp products are designated as Generally Recognized as Safe (GRAS) – they are (1) hulled hemp seeds, (2) hemp seed protein powder, and (3) hemp seed oil. These three products, which are all from the seed of the hemp plant, contain only trace amounts of extracts like THC and CBD and have been evaluated by the FDA. These three products can be sold as food or added as ingredients to foods and sold in Minnesota.
Hemp ingredients that come from hemp plant parts other than the seeds are not allowed as food ingredients. This includes the flower of the hemp plant. These non-seed ingredients are not allowed regardless of whether they are added to the food item by a manufacturer, retailer, or by the consumer. Non-allowable food ingredients may be labeled or named as THC, hemp extract, full spectrum CBD oil, PCR extracts, or CBD oil.
Edible cannabinoid products, which contain cannabinoids in combination with food ingredients, are excluded from the definition of food. Further detail on edible cannabinoid products can be found on the Minnesota Office of Cannabis Management website.
Hemp ingredients that come from hemp plant parts other than the seeds are not allowed as food ingredients. This includes the flower of the hemp plant. These non-seed ingredients are not allowed regardless of whether they are added to the food item by a manufacturer, retailer, or by the consumer. Non-allowable food ingredients may be labeled or named as THC, hemp extract, full spectrum CBD oil, PCR extracts, or CBD oil.
Edible cannabinoid products, which contain cannabinoids in combination with food ingredients, are excluded from the definition of food. Further detail on edible cannabinoid products can be found on the Minnesota Office of Cannabis Management website.
All food additives must be tested for potential harmful effects on human health before they can be used as ingredients in food. This includes the different components of the hemp plant. An FDA evaluation was completed for the seed of the hemp plant, and those ingredients have been identified as Generally Recognized as Safe (GRAS) ingredients. The Alcohol and Tobacco Tax and Trade Bureau (TTB) also consults with FDA for all ingredients used in the manufacture of alcoholic beverages.
Parts of the Cannabis sativa plant are considered drugs and are controlled under the Drug Enforcement Administration (DEA) Controlled Substances Act (CSA). Nationally, FDA regulations establish the legal basis for the sale or use of food and drug products. Under FDA law, a product or ingredient cannot be both a food and a drug. Minnesota adopts federal law, where other states may have their own laws regarding the sale of cannabis.
The FDA is working to answer questions about the science, safety, and quality of products containing cannabis and cannabis-derived compounds. More information can be found in their document “What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD.”
All food additives must be tested for potential harmful effects on human health before they can be used as ingredients in food. This includes the different components of the hemp plant. An FDA evaluation was completed for the seed of the hemp plant, and those ingredients have been identified as Generally Recognized as Safe (GRAS) ingredients. The Alcohol and Tobacco Tax and Trade Bureau (TTB) also consults with FDA for all ingredients used in the manufacture of alcoholic beverages.
Parts of the Cannabis sativa plant are considered drugs and are controlled under the Drug Enforcement Administration (DEA) Controlled Substances Act (CSA). Nationally, FDA regulations establish the legal basis for the sale or use of food and drug products. Under FDA law, a product or ingredient cannot be both a food and a drug. Minnesota adopts federal law, where other states may have their own laws regarding the sale of cannabis.
The FDA is working to answer questions about the science, safety, and quality of products containing cannabis and cannabis-derived compounds. More information can be found in their document “What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD.”
FDA is responsible for evaluating products to determine if they are safe for human consumption. At this time, FDA has stated that cannabinoids are not acceptable food additives. Since Minnesota adopts federal regulations and associated statements and guidance documents regarding wholesale food production and distribution, the federal regulations apply in Minnesota as well. Minnesota retailers must comply with the Minnesota Food Code, which is also based on federal regulations. Minnesota Administrative Rule “Food Additives” states that food must not contain unapproved food additives, substances, or additives that exceed amounts specified in the Code of Federal Regulations.
FDA is responsible for evaluating products to determine if they are safe for human consumption. At this time, FDA has stated that cannabinoids are not acceptable food additives. Since Minnesota adopts federal regulations and associated statements and guidance documents regarding wholesale food production and distribution, the federal regulations apply in Minnesota as well. Minnesota retailers must comply with the Minnesota Food Code, which is also based on federal regulations. Minnesota Administrative Rule “Food Additives” states that food must not contain unapproved food additives, substances, or additives that exceed amounts specified in the Code of Federal Regulations.
If the MDA identifies the addition of unapproved hemp extracts to food, our staff will work with the business owner or operator to clarify what is and what is not allowed in food in Minnesota to ensure no adulterated foods are being produced or sold.
Specific actions will be determined based on risk to consumers.
