Beverage Regulatory Parity Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10079 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 10079

To provide for the regulation of hemp-derived beverages, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

August 10, 2026

Ms. Van Duyne (for herself and Mr. Landsman) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To provide for the regulation of hemp-derived beverages, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Beverage Regulatory Parity Act''.

SEC. 2. REGULATION OF HEMP BY SECRETARY OF AGRICULTURE.

(a) In General.--Notwithstanding the hemp amendments, the per- container limit on intoxicating cannabinoid content established by such amendments shall not apply to any hemp-derived beverage manufactured, distributed, labeled, advertised, or sold in accordance with the serving requirements for intoxicating tetrahydrocannabinol content under section 4(l)(3). (b) Protection of Intermediate Hemp-Derived Cannabinoid Products.-- Notwithstanding the hemp amendments, intermediate hemp-derived cannabinoid products, as defined in paragraph (3)(B) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), as proposed to be amended by the hemp amendments, may temporarily contain a total tetrahydrocannabinol concentration that exceeds the level specified in section 4(l)(3) during the ordinary course of the manufacture or processing of a hemp-derived beverage, if such hemp-derived cannabinoid product-- (1) is used exclusively for the manufacture of a hemp- derived beverage in compliance with this Act, (2) remains exclusively with persons issued a permit under section 4(c) by the Tax and Trade Bureau to manufacture the material and is in good standing with respect to such permit, (3) is only marketed, sold, or transferred to a person issued a permit under section 4(c) by the Tax and Trade Bureau to manufacture hemp-derived beverages in final form, (4) is not for consumer use, and (5) contains not more than 20 percent total tetrahydrocannabinols (including tetrahydrocannabinolic acid) by weight. (c) Definitions.--For purposes of this section-- (1) Hemp amendments.--The term ``hemp amendments'' means the amendments to section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) made by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Public Law 119- 37). (2) Applicability of section 4(l).--Except as otherwise provided, any term used in this section which is also used in section 4(l) shall have the same meaning as when used in such section. (d) Effective Date.--This section shall take effect on the date of the enactment of this Act, and shall apply notwithstanding any effective date specified in the hemp amendments.

SEC. 3. REGULATION OF HEMP-DERIVED BEVERAGES BY SECRETARY OF HEALTH AND HUMAN SERVICES.

(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

``SEC. 425. HEMP-DERIVED BEVERAGES.

``(a) In General.--Except as specified in subsection (b), hemp- derived beverages shall be considered a food and shall be regulated by the Secretary under this chapter. ``(b) Not Adulterated.--A hemp-derived beverage shall not be considered adulterated within the meaning of section 402 on the basis of containing a naturally-occurring cannabinoid as an ingredient so long as such hemp-derived beverage does not violate section 402(j). ``(c) Recall Authority.--The Secretary shall prescribe a process for the recall of hemp-derived beverages which are determined to be adulterated under section 402(j). ``(d) Applicability of Other Provisions.--A naturally-occurring cannabinoid contained in a hemp-derived beverage shall not be considered a drug or biological product for purposes of section 301(ll). ``(e) Definitions.--The terms `hemp-derived beverage' and `naturally-occurring cannabinoid' have the meanings given such terms in section 4(l) of the Beverage Regulatory Parity Act.''. (b) Adulteration.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following new subsection: ``(j) If it is a hemp-derived beverage; and-- ``(1) its naturally-occurring cannabinoid content exceeds the maximum allowable amount established under section 4(l)(3) of the Beverage Regulatory Parity Act; ``(2) it contains more than a trace amount (as defined in section 4(l)(14) of the Beverage Regulatory Parity Act) of a cannabinoid that is not a naturally-occurring cannabinoid (as defined in section 4(l)(4) of such Act); ``(3) it contains any added substance, such as alcohol, caffeine, tobacco, nicotine, or melatonin, which, when combined with cannabinoids, could interact with such cannabinoids or enhance or alter the effects of such cannabinoids in a manner that is harmful to the consumer, as determined by the Secretary; or ``(4) it has been manufactured, processed, packed, or held in any factory, warehouse, or establishment and the owner, operator, or agent of such factory, warehouse, or establishment delays, denies, or limits an inspection of such factory, warehouse, or establishment.''. (c) Misbranding.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following new subsection: ``(z) If it is a hemp-derived beverage; and-- ``(1) it is labeled or advertised in violation of the requirements established under subsection (d) or (e) of section 4 of the Beverage Regulatory Parity Act; ``(2) it was manufactured or distributed by a person who has not been issued a permit under section 4(c) of such Act; or ``(3) it does not adhere to the uniform manufacturing and testing requirements established by the Administrator of the Tax and Trade Bureau under section 4(c)(2)(A) of such Act.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 4. REGULATION OF HEMP-DERIVED BEVERAGES BY ADMINISTRATOR OF TAX AND TRADE BUREAU.

(a) In General.--Hemp-derived beverages shall be regulated under this section by the Secretary of the Treasury, acting through the Administrator, in consultation with the Secretary of Health and Human Services and the Commissioner of Food and Drugs. (b) Three-Tiered Distribution System.--The Administrator shall prescribe regulations to establish and implement a three-tiered distribution system for hemp-derived beverages as follows: (1) Tier 1: manufacturers.--A manufacturer of hemp-derived beverages, subject to the issuance of a permit under subsection (c), may sell or transfer such beverages to a wholesaler of hemp-derived beverages, but not to a retailer of hemp-derived beverages. (2) Tier 2: wholesalers.--A wholesaler of hemp-derived beverages, subject to the issuance of a permit under subsection (c), may only-- (A) purchase such beverages from a manufacturer of hemp-derived beverages, and (B) sell or transfer such beverages to a retailer or trade buyer of hemp-derived beverages. (3) Tier 3: retailers.--A retailer of hemp-derived beverages may purchase such beverages from a wholesaler of hemp-derived beverages, but not from a manufacturer of hemp- derived beverages. (c) Permits.-- (1) In general.--For purposes of the three-tiered distribution system under subsection (b), the Administrator shall issue such regulations or other guidance for hemp-derived beverages (which are consistent with the regulations and guidance issued under section 104 of the Federal Alcohol Administration Act (27 U.S.C. 204)) as may be necessary or appropriate to issue, suspend, and revoke permits. (2) Special rules.-- (A) Manufacturers.--No manufacturer may be issued a permit under this section unless such person is certified by the Administrator (at such time and in such manner as the Administrator determines appropriate) to be in compliance with such hemp-derived beverage cannabinoid content, contaminant, key component, sourcing, uniform manufacturing and testing, laboratory sample submission, record retention, and facility inspection requirements as the Administrator, in consultation with relevant agencies determined by the Administrator, shall prescribe. (B) Involvement in different tiers simultaneously.--No person may hold permits as both a manufacturer of hemp-derived beverages and as a wholesaler of hemp-derived beverages, and no person may hold any interest, directly or indirectly, in more than one tier with respect to the three-tiered distribution system under subsection (b). (d) Labeling.-- (1) In general.--It shall be unlawful for any person to-- (A) introduce or deliver for introduction, into interstate commerce, any hemp-derived beverage that does not conform to such packaging, marking, branding, labeling, and size and fill requirements as are prescribed by the Administrator, or (B) alter, mutilate, destroy, obliterate, or remove any mark, brand, or label upon any hemp-derived beverage that is held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law or except pursuant to regulations authorizing relabeling for purposes of compliance with the requirements of this Act or of State law. (2) Specific labeling requirements.--In prescribing the requirements described in paragraph (1)(A), the Administrator shall ensure that such requirements-- (A) prohibit statements, marks, graphics, or other images which are deceptive, false, misleading, obscene, indecent, disparaging of a competitor's product, or designed to target or appeal to children, (B) provide consumers with information with respect to the identity, quality, naturally-occurring cannabinoid content, net contents, manufacturer, and country of origin of any hemp-derived beverage, (C) create uniform labeling panels, identifying symbols, or marks that identify hemp-derived beverages that contain intoxicating tetrahydrocannabinol as containing intoxicating naturally-occurring cannabinoids, and (D) provide conspicuous notice-- (i) of the number of servings and milligrams of each naturally-occurring cannabinoid within any hemp-derived beverage, (ii) of the known risks to special populations (including children, those who are pregnant, and those prescribed medications) of consuming hemp-derived beverages, (iii) of the impact of hemp-derived beverages on an individual's faculties (including the operation of machinery and automobiles), (iv) of directions for use, including-- (I) the recommended manner and rate of consumption of hemp-derived beverages, and (II) the expected period of time before the onset of any effects following consumption of hemp-derived beverages, (v) of the requirement to be 21 years of age or older to possess, consume, or purchase hemp-derived beverages, and (vi) that the consumption of hemp-derived beverages may cause a consumer to fail a drug test for marijuana. (3) Consistency with federal alcohol administration act.-- The requirements prescribed under paragraph (1)(A) shall be consistent with those prescribed with respect to distilled spirits, wine, or malt beverages under section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)). (e) Advertising.-- (1) In general.--It shall be unlawful for any person to publish or disseminate by any means (including by mail, radio broadcast, newspaper, television or streaming content, website sponsorship content, social media, indoor or outdoor signage, or other printed or graphic materials) any advertisement with respect to any hemp-derived beverage-- (A) in violation of such requirements as the Administrator shall prescribe, and (B) which is an intermediate hemp-derived cannabinoid product (as defined in paragraph (3)(B) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), as proposed to be amended by the hemp amendments (as defined in section 2(c))). (2) Limitation.--The requirements prescribed under paragraph (1)(A) shall not be more restrictive than those prescribed with respect to distilled spirits, wine, or malt beverages under section 105(f) of the Federal Alcohol Administration Act (27 U.S.C. 205(f)). (f) Penalties.--Any person who violates any requirement described in subsection (c), (d), or (e) or under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), shall be guilty of a misdemeanor and upon conviction thereof be fined $1,000 for each offense. For purposes of the preceding sentence, in the case of any retailer of hemp-derived beverages, each hemp-derived beverage sold in violation of any such requirement shall be treated as a separate violation. (g) Unfair Competition and Unlawful Practices.-- (1) In general.--Except as otherwise provided by the Administrator, a manufacturer or wholesaler of any hemp-derived beverage shall be subject to the provisions of subsections (a) through (d) of section 105 of the Federal Alcohol Administration Act (27 U.S.C. 205). For purposes of the preceding sentence-- (A) such subsections shall apply to transactions between a retailer or trade buyer in any State and a manufacturer or wholesaler of hemp-derived beverages outside such State only to the extent that the law of such State imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such State and a manufacturer or wholesaler of hemp- derived beverages in such State, as the case may be, and (B) subsections (a) through (c) of such Act shall not apply to any agency of a State or political subdivision thereof, or to any officer or employee of such agency. (2) Minimum age of sale.--It shall be unlawful for any retailer to sell any hemp-derived beverage to any person younger than 21 years of age. (3) Penalties.--Any person who violates any of the provisions described in paragraph (1) or (2)-- (A) shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 for all violations adjudicated in a single proceeding, and (B) shall forfeit to the United States all hemp- derived beverages with respect to which the violation occurs. (h) Unlawful Purchase.--It shall be unlawful for any person younger than 21 years of age to purchase, possess, or consume any hemp-derived beverage. (i) State and Local Authorities.-- (1) In general.--The shipment, transportation, or importation into any State, political subdivision thereof, or territory of an Indian Tribe, for delivery or use therein of any hemp-derived beverage, in violation of the laws thereof, is hereby prohibited. Nothing in this Act shall be construed to preempt, displace, or limit the authority of any State, political subdivision thereof, or Indian Tribe to enact and enforce laws and regulations governing the production, manufacture, importation, distribution, sale, possession, transportation, or consumption of hemp-derived beverages within its jurisdiction, including laws that are more stringent than, equivalent to, or that prohibit altogether the activities permitted under this Act. (2) Legal receipt.--The shipment or transportation of any hemp-derived beverage to a final destination in a State, political subdivision thereof, or territory of an Indian Tribe is permissible, provided the receipt, possession, sale, or use of such beverage is authorized in such State, political subdivision thereof, or territory of the Indian Tribe. (3) Legal transshipment.--Notwithstanding paragraph (1), no State, political subdivision thereof, or Indian Tribe shall prohibit the transportation or shipment of any hemp-derived beverages through such State, political subdivision thereof, or Indian Tribe's territory, if the point of origin of, and final destination for, the hemp-derived beverages are outside of such State, political subdivision thereof, or territory of the Indian Tribe. (4) Savings clauses.-- (A) Advertising and warnings.--Nothing in this subsection shall preempt any State, political subdivision thereof, or Indian Tribe requirement regarding advertising, marketing, point-of-sale display, or consumer labeling that is more restrictive than this Act, unless the product being advertised is prohibited or unlawful in such jurisdiction. (B) Product liability.--Nothing in this Act shall be construed to modify or otherwise affect any action or the liability of any person under the product liability or consumer-protection law of any State. (j) Reporting Requirements.-- (1) Congress.-- (A) In general.--Not later than one year following the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate Congressional committees a report on the implementation, and recommendations for the improvement, of this Act. (B) Appropriate congressional committees.--For purposes of subparagraph (A), the term ``appropriate Congressional committees'' means-- (i) the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and (ii) the Committees on Finance, Health, Education, Labor, and Pensions, and Commerce, Science, and Transportation of the Senate. (2) Food and drug administration.-- (A) In general.--Not later than one year following the date of the enactment of this Act, the Secretary of Health and Human Services shall commission a report by the Commissioner of Food and Drugs, in consultation with the appropriate officials, on hemp-derived beverages. (B) Content.--The report described in subparagraph (A) shall include recommendations with respect to-- (i) proper testing of hemp-derived beverages, (ii) measuring and distinguishing faculty impairment due to the use of hemp-derived beverages (including with respect to the operation of a motor vehicle), and (iii) serving sizes, and the appropriate amount of delta-9 tetrahydrocannabinol contained within such serving sizes, with respect to hemp-derived beverages. (C) Appropriate officials.--For purposes of subparagraph (A), the term ``appropriate officials'' means-- (i) the Administrator of the National Highway Traffic Safety Administration, (ii) the Director of the National Institutes of Health, (iii) the Director of the National Institute of Standards and Technology, and (iv) the Administrator. (k) Regulations.--The Administrator, in consultation with the Secretary of Health and Human Services and the Commissioner of Food and Drugs, shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this Act, including with respect to-- (1) product tracking, and (2) adjusting serving and container sizes established under paragraphs (3) and (6) of subsection (l) based on the content of the report authorized under subsection (j)(2). (l) Definitions.--For purposes of this section-- (1) Administrator.--The term ``Administrator'' means the Administrator of the Tax and Trade Bureau. (2) Hemp.--The term ``hemp'' has the meaning given such term in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), as amended by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Public Law 119-37), except that in applying such term with respect to hemp-derived beverages, subclause (III) of section 297A(1)(C)(iv) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)(C)(iv)), as so amended by such section 781, shall not apply. (3) Hemp-derived beverage.--The term ``hemp-derived beverage'' means a non-alcoholic liquid beverage intended for human consumption that-- (A) contains one or more naturally-occurring cannabinoids, (B) does not contain any naturally-occurring cannabinoids extracted, sourced, or processed from hemp plants cultivated outside of the United States, (C) does not contain any synthetically-derived cannabinoids or other intoxicating molecules or compounds, or any molecules or compounds that are structurally identical or intended to mimic the effects of an intoxicating molecule or compound, (D) is a final product intended for sale to a consumer, (E) is packaged and labeled within the United States, (F) is not a tincture, isolate, powder, or distillate, (G) does not contain more than 5 milligrams of total intoxicating tetrahydrocannabinol content per serving, (H) is not intended to be consumed, labeled, or advertised as a dietary supplement (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff))), (I) does not contain more than 5 milligrams of non- tetrahydrocannabinol naturally-occurring cannabinoids, and (J) does not contain a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). (4) Naturally-occurring cannabinoid.-- (A) In general.--The term ``naturally-occurring cannabinoid'' means, with respect to a hemp-derived beverage, a cannabinoid from hemp that is-- (i) delta-9 tetrahydrocannabinol, provided it is not synthetically-derived, (ii) cannabidiol, (iii) cannabigerol, or (iv) any other related molecule that the Administrator, in consultation with the Secretary of Health and Human Services, determines to meet the criteria to be established under paragraph (2) to be considered hemp. (B) Inclusions.--Such term includes cannabinoids listed under section 781(3) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Public Law 119-37). (C) Exclusion.--Such term does not include marijuana (as defined in section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16))). (5) Synthetically-derived cannabinoid.-- (A) In general.--The term ``synthetically-derived cannabinoid'' means a cannabinoid that is-- (i) not naturally produced by a Cannabis sativa L. plant, (ii) capable of being naturally produced by a Cannabis sativa L. plant, but was synthesized, manufactured, chemically converted, isomerized, or otherwise produced outside the living plant through human intervention, including processes involving solvents, catalysts, or laboratory equipment, or (iii) produced via total synthesis from non-Cannabis sativa L. starting materials regardless of whether the starting materials were derived from a Cannabis sativa L. plant or any other plant. (B) Exclusions.--A cannabinoid shall not be considered a synthetically-derived cannabinoid under subparagraph (A) on the sole basis that the cannabinoid was produced using routine extraction, decarboxylation, filtration, distillation for purification, winterization, and other standard purification processes. (6) Serving.--The term ``serving'' means, with respect to a hemp-derived beverage-- (A) in the case of a single-use container of such beverage, 12 fluid ounces, and (B) in the case of a multiple-serving container of such beverage, the total volume of which equals 750 milliliters, 1.5 fluid ounces. (7) Manufacturer.--The term ``manufacturer'' means any person who manufactures hemp-derived beverages. (8) Manufacture.--The term ``manufacture'' means, with respect to hemp-derived beverages, to produce, create, blend, infuse, emulsify, bottle, package, or otherwise engage in the process of the creation of such hemp-derived beverages. (9) Wholesaler.--The term ``wholesaler'' means any person who distributes hemp-derived beverages. (10) Distribute.--The term ``distribute'' means, with respect to hemp-derived beverages, to purchase such hemp- derived beverages for resale at wholesale, or to receive, sell, offer or deliver for sale, contract to sell, or ship in interstate commerce, directly or indirectly or through an affiliate, such hemp-derived beverages so purchased. (11) Retailer.--The term ``retailer'' means any person engaged in the sale of hemp-derived beverages to consumers. (12) Product tracking.--The term ``product tracking'' means, with respect to hemp-derived beverages, tracking the supply chain from the cultivation of the naturally-occurring cannabinoid to the final product intended for sale. (13) Trade buyer.--The term ``trade buyer'' means any person who is a wholesaler or retailer. (14) Trace amount.--The term ``trace amount'' means, with respect to hemp-derived beverages, an amount that-- (A) is not intentionally added by the manufacturer, (B) is not synthetically-derived, (C) is incidental to the manufacturing of such beverage, and (D) does not affect such beverage's tetrahydrocannabinol potency or intoxicating effect on the consumer.

SEC. 5. IMPOSITION OF TAX ON HEMP-DERIVED BEVERAGES.

(a) In General.--Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:

``CHAPTER 56--HEMP-DERIVED BEVERAGES

``Sec. 5901. Imposition of tax.

``SEC. 5901. IMPOSITION OF TAX.

``(a) In General.--There is hereby imposed a tax on any hemp- derived beverage produced in the United States. ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) shall, with respect to any hemp-derived beverage, be equal to 8 cents per milligram of intoxicating tetrahydrocannabinol content within such beverage. ``(c) Time of Attachment.--The tax imposed by subsection (a) shall be determined as of the time of removal for consumption or sale from the premises of the manufacturer. ``(d) Definitions.--Any term used in this section which is also used in section 4(l) of the Beverage Regulatory Parity Act shall have the same meaning as when used in such Act. ``(e) Method of Collection.--The tax imposed by subsection (a) shall be collected, pursuant to regulations prescribed by the Secretary, in a manner similar to that of section 5061.''. (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item:

``Chapter 56. Hemp-derived Beverages.''.

(c) Effective Date.--The amendments made by this section shall apply with respect to hemp-derived beverages produced after the date of the enactment of this Act.

SEC. 6. SEVERABILITY.

If any provision of this Act is held invalid, the remainder of the Act shall not be affected. <all>