Beverage Regulatory Parity Act

This bill, known as the "Beverage Regulatory Parity Act," establishes a comprehensive federal framework for regulating hemp-derived beverages. It clarifies that existing hemp amendments' per-container intoxicating cannabinoid limits do not apply to these beverages if they meet specific serving requirements, and allows intermediate hemp-derived cannabinoid products to temporarily exceed total tetrahydrocannabinol concentration during compliant manufacturing processes. The legislation designates hemp-derived beverages as food under the Federal Food, Drug, and Cosmetic Act, but specifies they are not considered adulterated solely for containing naturally-occurring cannabinoids. However, they are deemed adulterated if their cannabinoid content exceeds maximum allowable amounts, contain more than a trace of non-natural cannabinoids, include harmful additives like alcohol or caffeine, or if manufacturers obstruct inspections. The Secretary of Health and Human Services is also granted recall authority for adulterated products. The Administrator of the Tax and Trade Bureau (TTB) is tasked with regulating these beverages, establishing a three-tiered distribution system (manufacturers, wholesalers, and retailers) similar to alcohol, with specific permit requirements for each tier. Manufacturers must be certified by the TTB for compliance with cannabinoid content, contaminant, sourcing, and uniform manufacturing and testing standards. Strict labeling and advertising rules are mandated, prohibiting deceptive or child-targeting content and requiring clear information on cannabinoid content, servings, risks, and age restrictions. Labels must conspicuously state the number of servings, milligrams of cannabinoids, known risks, impact on faculties, and the 21-year age requirement for purchase, possession, or consumption. Violations of these regulations can result in misdemeanor charges and fines. The bill explicitly preserves the authority of states, political subdivisions, and Indian Tribes to enact more stringent laws or outright prohibit hemp-derived beverages within their jurisdictions. Finally, a new federal excise tax is imposed on hemp-derived beverages produced in the United States, calculated at 8 cents per milligram of intoxicating tetrahydrocannabinol content.