No. Industrial Hemp (IH) products must be made at a suitable, commercial location.
No. This is not a license to sell cannabis. The Industrial Hemp Compliance program only regulates products derived from industrial hemp.
No. At this time, industrial hemp food and cosmetic products may not be made at facility which also manufactures cannabis products.
No. An IHEO is required for manufacturers of Industrial Hemp (IH) products and IH extracts. Retailers subject to the California Retail Food Code must ensure they obtain their packaged IH products from CDPH licensed sources. All IH products sold in stores must remain unopened and in their original IH Manufacturer package.
No. The law requires all IH products to be prepackaged and shelf stable. Manufacturing IH products at retail cafés and restaurant is not allowed.
Food facility operators may supply IH products separately if they are in their original package from the IH Manufacturer.
Industrial Hemp and marijuana are both Cannabis sativa L. However, they are differentiated by their variety of Cannabis sativa and their varying levels of cannabinoid composition. Marijuana contains tetrahydrocannabinol (THC), including, but not limited to Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, that has a psychoactive effect on the user. Marijuana may have greater than 0.3% THC. On the other hand, industrial hemp must have 0.3% or less THC and has no psychoactive impact.
You must meet these requirements to sell in California:
Existing labeling requirements applicable to specific commodities must be followed. Food product labels must comply with Title 21, CFR part 101-Food Labelling. Required information on food labels include a statement of identity, ingredient list in descending order of predominance by weight, net quantity of product in the package, an address for the responsible party and a nutrition facts panel, when applicable.
New labeling requirements established pursuant to AB 45 for food and cosmetic products which contain industrial hemp (e.g., batch numbering, scannable QR code, cannabinoid concentration, warning statements, etc.) must be in place by January 7, 2022.
"Industrial Hemp" means an agricultural product, whether growing or not, that is limited to type of the plant Cannabis sativa L. and any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. "Industrial hemp" does not include cannabinoids produced through chemical synthesis.
Industrial hemp has many potential uses including paper, ropes, linens and textiles for clothing and shoes, bioplastic alternatives to automotive and construction fiberglass, painting oils, soaps, nutritional supplementation, seed milk and chemical extracts such as cannabidiol (CBD).
It is a finished product (e.g., cosmetic, food, food additive, pet food dietary supplement, beverage, or herb) that is fit for human or animal consumption and contains industrial hemp. The finished product cannot include tetrahydrocannabinol (THC) isolate as an added ingredient.
It is a product that is derived from industrial hemp that is intended to be included in a food, beverage, pet food, dietary supplement, or cosmetic.
The California Department of Public Health (CDPH) has regulatory authority over industrial hemp PRODUCTS outlined in AB 45. Businesses engaged in the manufacturing, packing, or holding of industrial hemp products are required to register with CDPH. However, if you intend to grow industrial hemp as a CROP, you should contact the California Department of Food and Agriculture (CDFA).
The Los Angeles County Department of Public Health-Environmental Health Division (DPH-EH) serves as the local enforcement agency for 85 cities within the County of Los Angeles. DPH-EH is responsible for the enforcement of the California Retail Food Code (Cal Code) as well as applicable regulations pertaining to food.
Refer to Industrial Hemp Compliance Program - FAQs on the CDPH website for additional information. You may also contact the DPH-EH Industry Engagement Program at 626-430-5320.
Last Updated: September 2022