DOH has finally issued the below guidance, which we are investigating.
Statement from DOH on Cannabidiol (CBD) Is Prohibited in Food and Drink
In December 2018, the Food and Drug Administration (FDA) issued a statement clarifying its position on cannabis-derived products. The FDA stated that it is unlawful to add CBD to food or drink. As a result, the Health Code also prohibits adding CBD to food or drink.
The Health Department is currently educating food service establishments that CBD is prohibited from being added to food and drink, and to stop offering these products. Beginning July 1, 2019, if operators have not voluntarily come into compliance, the Health Department will embargo food and drink products that contain CBD—the products will have to be returned to the supplier or discarded. Starting October 1, 2019, the Health Department will begin issuing violations to food service establishments for offering food or drink containing CBD. Violations may be subject to fines as well as violation points that count toward the establishment’s letter grade.
For more information on CBD in food or drink, please visit the FDA website:
We will update you on our enforcement of this product if the FDA updates its guidance.
The NYC Hospitality Alliance will keep you informed of new developments. You may also want to read this op-ed published by an Alliance member titled, Marijuana, yes. CBD no? City’s senseless cannabidiol crackdown.