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Idaho Halts Sale of CBD Pet Supplements

Idaho’s CBD-derived pet food retailers have just over a month left.

The state department of agriculture issued a memorandum back in July to note that “hemp or hemp-derived products, including CBD, are not recognized by the U.S. Food and Drug Administration (FDA) or the Association of American Feed Control Officials (AAFCO) as legal feed ingredients.”

Turns out, CBD is also available for dogs.

The announcement in July underscored how state regulators throughout the country have had to play catch up to an ever-evolving CBD market that was made possible following Congress’ passage of the 2018 Farm Bill, which legalized the production of hemp.

Soon thereafter, other states joined the ranks to adopt their own hemp laws. This included Idaho which just last year passed its own hemp law. This law has made Idaho the last state to allow industrial hemp.

Idaho’s governor signed the bill into legislation last year. Brad Little legalized “the production and transportation of hemp with up to 0.3% of THC, the cannabis compound that gives marijuana its high,” the Associated Press reported at the time.

But as the state department of agriculture noted in its July memorandum, “the new law did not legalize hemp in every setting or product type.”

“Similarly, Idaho law does not recognize hemp as a feed or remedy ingredient. Safety levels of hemp and hemp products in animal feed are not known. These products cannot be lawfully added to commercial feed and are therefore not allowed as feed ingredients. This includes feeds, treats and remedies intended for pets, livestock, or any other animal,” the department said.

“As hemp manufacturing begins to take place in Idaho, ISDA is working with new hemp licensees and animal feed companies to understand what is legal in the state. The popularity of hemp remedies and feeds has increased significantly. They are also available in both online and retail shops. We recognize that some states have adopted laws and rules that allow for hemp to be included in human and animal foods,” the agency added.

The department of agriculture said that it “enforces animal feed law across the state” and that it recognizes “that many retailers have been distributing products with hemp or hemp-derived ingredients under the assumption these products are allowed in Idaho.”

The department said that, beginning on November 1, it “will be inspecting for hemp and hemp-derived animal feeds and remedies.”

“These products are not legal in Idaho, and if found on or after November 1, 2022, will be subject to a stop sale and further action from the department,” the memorandum said.

The department said that throughout the country “the animal feed industry, feed regulators and animal health officials have come together to push for more research of hemp products in order to develop uniform regulation,” including a joint letter from the American Veterinary Medical Association and more than a dozen other animal health groups “aimed at addressing health concerns of hemp in animal feeds including safety of food-producing animals consuming unproven products in the human food chain.”

“Animal remedies are products intended to support animal health, structure or function and are often mixed into animal feeds or administered as dosage-type supplements. Idaho does not have feed requirements for animal remedies, except where they are mislabeled with nutritional claims or considered to be adulterated. Animal remedies containing hemp are adulterated and are being unlawfully marketed and distributed in Idaho,” the department said in the memorandum.