Beverage Regulatory Parity Act
Sponsored By: Representative Van Duyne, Beth [R-TX-24]
Introduced
Summary
The Beverage Regulatory Parity Act would create a coordinated federal regulatory framework for hemp-derived beverages. It would set serving and container limits, add FDA food rules and adulteration standards, and establish a TTB permit-based three-tier distribution system.
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- Consumers and families: Would cap intoxicating delta-9 THC at 5 mg per serving and cap other naturally-occurring cannabinoids at 5 mg per serving. Products must be sold only to people 21 and older and carry clear labels on contents, serving size and onset time, risk notices, and a warning that the product may cause a positive marijuana drug test.
- Manufacturers and the supply chain: Would create Tier 1 Manufacturers, Tier 2 Wholesalers, and Tier 3 Retailers under TTB permits and bar firms from holding permits in more than one tier. It requires uniform manufacturing and testing standards, domestic production and packaging, and a manufacturing-stage exception that allows intermediate products up to 20% total THC by weight when tightly controlled and used only by permitted entities.
- States, Tribes, and regulators: Would preserve State, local, and Tribal authority to set stricter or equivalent rules and to block shipments that violate local law. It directs the Department of Health and Human Services and FDA to treat hemp-derived beverages as food, creates new adulteration and misbranding triggers, requires a FDA recall process, and mandates an interagency review within one year on testing and impairment measures.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 2 costs, 3 mixed.
New fines and misdemeanor penalties for sellers
The bill would create misdemeanor liability for many permitting, labeling, advertising, manufacturing, testing, and distribution violations. Specified violations would carry fines of $1,000 per offense. For retailers, each noncompliant hemp beverage sold would be a separate offense. For unfair competition and age-of-sale violations, fines in a single proceeding would be capped at $1,000 total.
New safety and labeling rules for hemp drinks
The bill would limit hemp drinks to 5 mg delta-9 THC per serving and 5 mg of other natural cannabinoids per serving. A single-use serving would be 12 fluid ounces and a 750 mL multi-serve bottle would be counted as 1.5 fl oz per serving. The bill would ban synthetic cannabinoids, require hemp and final packaging to be U.S.-sourced, and require labels to show milligrams per serving, onset timing, safety warnings, and an age-21 notice. The bill would also restrict advertising for intermediate products and make it unlawful for anyone under 21 to buy, possess, or drink these beverages.
State and Tribal control of hemp shipments
The bill would preserve State, local, and Tribal authority to bar shipments that violate their laws. A shipment would be allowed only if the destination authorizes receipt, possession, sale, or use. The bill would also allow goods to pass through a jurisdiction when both origin and destination are outside that place.
Permits and three-tier rules for sellers
The bill would make the Alcohol and Tobacco Tax and Trade Bureau issue permits and certify manufacturers, wholesalers, and retailers. Permits would require testing, record-keeping, inspections, and U.S. packaging and labeling. Permitted manufacturers could sell only to permitted wholesalers; wholesalers could sell only to permitted retailers or trade buyers; retailers could buy only from wholesalers. The TTB would also set product-tracking rules and must report to Congress within a year and annually thereafter.
New THC excise tax on hemp drinks
The bill would impose an excise tax of $0.08 per milligram of intoxicating THC on hemp drinks made in the United States. The tax would be calculated when a manufacturer removes product for sale and would apply to products produced after enactment. Manufacturers would pay the tax and could pass the cost to buyers.
Sponsors & CoSponsors
Sponsor
Van Duyne, Beth [R-TX-24]
TX • R
Cosponsors
Rep. Landsman, Greg [D-OH-1]
OH • D
Sponsored 8/10/2026
Rep. Lee, Susie [D-NV-3]
NV • D
Sponsored 8/20/2026
Rep. Gottheimer, Josh [D-NJ-5]
NJ • D
Sponsored 8/20/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov