IDAHO FALLS – State officials are asking companies that sell CBD products to recall items for animals, starting Nov. 1.
Idaho House Bill 126 passed last year legalized the licensed production and handling of industrial hemp. CBD is a molecule extracted from industrial hemp. According to the law, the sale of CBD products is legal, as long as they do not contain THC, the element known to get people high.
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The Idaho State Department of Agriculture says the law does not include animal feed products.
In a letter to pet food retailers, manufacturers and distributors dated July 20, the department says the production and sale of “hemp or hemp-derived products, including CBD, are not recognized by the Administration of Food and Drug Administration of the United States nor by the American Feed Association. Control officials as legal feed ingredients.
“Safe levels of hemp and hemp-derived products in animal feed have not yet been established under federal or state law. As such, these products are not approved feed ingredients and cannot be legally added or incorporated to commercial feeds,” the letter says.
Treats, treats and supplements are included in ISDA’s definition of animal feed products.
James Rupp, owner of Nugget CBD at 625 Pancheri in Idaho Falls, tells EastIdahoNews.com that pet treats and supplements make up 25 to 30 percent of the store’s business, and a soothing pet chew is the #1 selling item this year.
“People come back and say ‘This is what works for us and we need to use it more,'” says Rupp.
Rupp is not a doctor, and neither he nor the company makes any claims or guarantees that CBD products can cure or treat specific conditions. And there’s a disclaimer when customers buy products that are “not evaluated by the FDA” and “not intended to diagnose, treat, cure, or prevent any disease.”
But Rupp has heard many clients tell him that CBD has had a life-changing effect on their pet.
“I had a lady come in and say her vet told her her dog had about a month to live. Seven months later, she went back to her vet and he said, ‘What did you do? This wasn’t supposed to happen. She said, “I’ve got it in the CBD now.” explains Rupp. “We both started crying. I’ve had a lot of people come (who have shared similar stories) and we cry together.”
Not being able to sell animal products will have a significant impact on customers, he says.
Learn more about the product in the video player above.
Paw CBD pet chews sold at Nugget CBD. | Rett Nelson, EastIdahoNews.com
Snake River Solace at 691 East Anderson sells similar CBD pet products. Their owner, Cody Hellickson, says they never received the ISDA letter because his company is exempt from the animal feed ban.
“We were completely unaware of this until recently,” says Hellickson. “We’ve reached out to the appropriate government channels from the bottom up. We’ve talked in depth and in depth about what it takes to be exempt. They said if you keep doing things the way you’re doing them, you’re exempt from the current sentence.”
He declined to elaborate on the specific business practices that led to the exemption.
Still, Hellickson says the animal feed ban is “disheartening” because many people see a benefit from these products.
Many people see CBD oil as an effective health aid. With the passage of laws legalizing hemp-derived products in recent years, interest in hemp-based animal products has grown significantly.
The idea behind ISDA’s decision to ban the sale of CBD animal products is a concern about its potentially harmful effect on animals raised for human consumption.
“Under Idaho law, ISDA is responsible for ensuring that commercial livestock and pet feeds are safe, nutritious and properly labeled. Idaho Code 25-2712 states that it is unlawful to “manufacture or distribute any adulterated or misbranded commercial feed.” Therefore, pursuant to state law and in accordance with the FDA and AAFCO, ISDA has not approved hemp or hemp-derived products for for animal use,” the letter says.
Rupp says all of its animal products are pet-oriented and not used on food-producing animals. As a result, it believes that the ISDA requirement is a mischaracterization of the law and should not apply.
“They’ve just lumped everything together and said they’re all animal products, (but) it doesn’t specifically say (one way or the other),” Rupp says.
Hellickson agrees, and the fact that he and other companies are exempt is not proof to him that the law is not clear on this issue. He says more training and discussion is needed.
“People need to understand that hemp and CBD are two different things,” says Hellickson. “We were surprised that industrial hemp was legalized for production, processing and cultivation, but nothing was clarified in the bill about CBD oil. With this ban … customers will (now) ask products online from out of state.”
ISDA acknowledges in its letter that more research is needed and that industry experts are meeting “to develop uniform regulation” on this issue.
While Rupp intends to comply with the ruling, it wants its customers to continue to have access to the products they have found beneficial. Invite customers to share their experience with CBD animal products in a testimonial questionnaire provided at all four Idaho locations.
From there, he plans to share it with officials in hopes of redefining the law.
“We hope to be able to clear up before Nov. 1, but if we don’t, we’re still hoping in the future to get them to overturn this and redefine (the law),” Rupp says.
