H.R. 10079 — Beverage Regulatory Parity Act

This section exempts hemp-derived beverages manufactured, distributed, labeled, advertised, or sold in compliance with the serving requirements for intoxicating tetrahydrocannabinol content under section 4(l)(3) from the per-container limit on intoxicating cannabinoid content. It also allows intermediate hemp-derived cannabinoid products to temporarily exceed tetrahydrocannabinol concentration limits during ordinary manufacture or processing if they contain not more than 20 percent total tetrahydrocannabinols by weight, are used exclusively for permitted beverage production, remain only with Tax and Trade Bureau permit holders, and are not marketed for consumer use.

This section classifies hemp-derived beverages as food regulated under the Federal Food, Drug, and Cosmetic Act. It bars their classification as adulterated solely for containing naturally occurring cannabinoids if cannabinoid content stays within limits, added substances do not interact harmfully with cannabinoids, and manufacturing facilities permit inspections. It requires the Secretary to establish a recall process for violations and adds misbranding criteria for labeling, permits, and manufacturing standards. The changes take effect upon enactment.

This section establishes a three-tiered distribution system for hemp-derived beverages, requiring manufacturers to sell only to permitted wholesalers, wholesalers to sell only to retailers or trade buyers, and retailers to purchase only from wholesalers, with no person permitted to hold interests in more than one tier. It directs the Administrator of the Tax and Trade Bureau, in consultation with HHS and FDA, to issue permits, certify manufacturer compliance with cannabinoid content, contaminant, testing, and inspection standards, and prescribe labeling and advertising rules consistent with those for distilled spirits, including mandatory notices on servings, milligrams of cannabinoids, risks to children and pregnant individuals, impairment effects, the 21-year age minimum, and potential drug-test failures.

This section imposes an excise tax of 8 cents per milligram of intoxicating tetrahydrocannabinol on hemp-derived beverages produced in the United States. The tax attaches at removal for consumption or sale from the manufacturer and applies to beverages produced after the date of enactment.