Cannabidiol in Food


The New York State Department of Agriculture and Markets has a research pilot program for the research and subsequent processing of industrial hemp. We encourage and support the growth of this emerging industry, investing resources and creating guidelines to ensure industrial hemp and cannabidiol (CBD) products can be manufactured through our Industrial Hemp Agricultural Research Pilot Program, while keeping public health and safety in mind.

The Department does not allow the addition of CBD to food and beverages. It allows the manufacture and sale of CBD as a dietary supplement, which ensures that it meets strict requirements for manufacturing, labeling and advertising for increased consumer awareness and protection. We continue to educate our retail and food manufacturing partners about the state’s policy prohibiting CBD in food and beverages. 


No food or beverage product may be made or sold in New York State if it contains CBD as a food, a food additive, or an ingredient. Food or beverage products that are found by Department inspectors, in either a processing facility or in the marketplace, to contain CBD are considered adulterated. These products are subject to enforcement actions taken by the Department or the US Food and Drug Administration. Enforcement actions may include:

  • Voluntary removal of products
  • Seizure and/or destruction of products
  • Issuance of a fine and/or a failing sanitary inspection 

Frequently Asked Questions

CBD has not been approved as a food, a food additive or ingredient by the FDA. Under both federal (FD&C Act, sec. 301(b)) and state Agriculture and Markets law (AML sec. 200), the addition of CBD to food is prohibited. The sale of food and beverages containing CBD is prohibited in every location. Learn more.

Entities interested in selling CBD products in New York are encouraged to consult with an attorney to understand the law and risks associated with making and selling such products.

Contact the Industrial Hemp Pilot Program (processors)

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Mailing Address:

The New York State Department of Agriculture and Markets

Division of Agricultural Development

10B Airline Drive

Albany, New York 12235