State agriculture regulators in Michigan provided guidance in an e-mail to food manufacturers, distributors and retailers this week, clarifying rules around using hemp seeds and extracts including CBD in foods.

The Michigan Department of Agriculture and Rural Development’s Food and Dairy Division, which oversees food manufacturers, distributors and retailers through routine inspections and sampling, updated businesses about the state’s position on hemp-derived ingredients.

The FDD said that although consumable hemp and CBD products have flooded the market in the past few years, not all products “are lawful or can be legally produced and sold in Michigan or across state lines.”

MDARD will enforce applicable standards set by the U.S. Food and Drug Administration regarding hemp products, the agency said.

Hemp seed-derived food products have been designated “generally recognized as safe,” or GRAS, by the FDA, but it has not yet approved CBD for use in food, drinks, dietary supplements or animal feed, MDARD stated.

All food production in the state is subject to Michigan Food Law and licensing requirements, including applicable food safety practices, the agency reiterated.

Other states have deviated from the FDA by setting their own laws allowing CBD as an ingredient in food, beverage and animal feed products sold within state lines.