City weeds out CBD with ban
Some products ‘embargoed’ from sale
The city’s buzzkill ban on certain cannabis-derived CBD products went into effect on Monday.
The city Health Code now prohibits businesses from adding the marijuana derivative cannabidiol to food or drinks after the Food and Drug Administration determined that using CBD as an additive was unlawful.
CBD is otherwise legal and has been gaining popularity in recent years – appearing in cocktails, coffee drinks and baked goods.
City health inspectors will now look for CBD food and beverages as part of routine safety inspections, though they won’t begin issuing violations until Oct. 1. Violators could be subject to fines from $250 to $600.
Until then, inspectors will “embargo” products with CBD added – essentially bagging them and prohibiting their sale.
Fat Cat Kitchen owner C.J. Holm had her CBD-laced chocolate chip cookies and Rice Krispie treats embargoed earlier this year.
“I don’t agree with the ban, but have to comply with the Department of Health,” Holm said Monday. “I look forward to this getting sorted out both on the federal and local level so people can again enjoy the many benefits of CBD.”
CBD is a nonpsychoactive compound found in marijuana that’s said to be a muscle relaxant and pain reliever with a calming effect.
“I also look forward to the state’s impending legalization of recreational marijuana, so perhaps this will be a nonissue soon,” Holm said. “There’s not much for businesses and consumers to do at this point but wait.”
Los Angeles, San Diego, Portland, Seattle and other jurisdictions have also implemented similar CBD product bans – though they’ve also legalized cannabis.
“The Health Department is responsible for promoting the safety of the food available to New Yorkers,” spokesman Michael Lanza said. “We have been informing businesses in New York City that may sell food and drink about this regulation to help them achieve compliance.”
The city also started enforcing a ban on styrofoam Monday.
Food establishments can’t use styrofoam for takeout containers and stores can’t sell “packing peanuts” made from the polystyrene material, which is difficult to recycle.
Styrofoam was outlawed this year, but businesses were given a six-month grace period before violations began to be issued. Fines start at $250 for the first offense, and up to $1,000 for a third violation.