Innermost container

The 0.4 mg total THC cap in the amended hemp definition is measured per container, and the statute defines that word narrowly. Container means the innermost wrapping, packaging or vessel in direct contact with a final hemp-derived cannabinoid product. Bulk shipping containers and outer wrappings do not count (7 U.S.C. 1639o; P.L. 119-37 sec. 781).

The definition closes an obvious loophole. Without it, a seller could split a product into many tiny inner packages inside one box and claim each stayed under the cap. With it, the unit is whatever directly touches the product: the tincture bottle, the gummy jar, the softgel blister, the salve tin, the roll-on tube.

That makes package size a compliance lever. A 30 mL bottle and a 60 mL bottle of the same formula carry different total THC amounts, and the larger one is more likely to exceed 0.4 mg. Products with non-detect THC avoid the arithmetic altogether.

Section 781 directed FDA to provide additional detail on the meaning of container. The cap and its container definition apply December 11, 2026 under Public Law 119-103 (P.L. 119-103).