As Los Angeles hemp lawyers, we fully recognize that California, despite being the first state in the country to legalize marijuana, has not historically been the friendliest to hemp producers, distributors, and retailers. We began seeing a real shift on this front last year with the passage of AB-45, which sought clear rules for the regulation of CBD manufactured goods and sales. A few months ago, the California Department of Public Health issued its proposed regulations under the new law. And now, it seems we have a clear set of approved hemp industry regulations in California, and the state is prepared to accept applications to become licensed operators.
The CDPH’s Food & Drug Branch issued notice earlier this month to industrial hemp product manufacturers and extractors that it would be accepting applications and fees for the production of in-state hemp products, as well as in-state and out-of-state extracts.
Permission to legally manufacture, pack, or hold industrial hemp products and extracts requires:
- Authorization from the Industrial Hemp Enrollment and Oversight agency.
- Registration with the department for the applicable food, cosmetic product, or processed pet food.
Those who are making inhalable hemp products are solely required to obtain authorization from the IHEO department.
As our Los Angeles hemp lawyers can explain, hemp growers, producers, distributors, and retailers need to know that their products are going to be subject to strict regulations governing production, testing, labeling, and warehousing to ensure the safety of the products. State law (specifically, HSC 110140) authorizes inspection of any industrial hemp facility or operation by the health department in order to ensure state law and regulation compliance.
Companies that are submitting their applications to the FDB may want to consider having their attorney do it for them, or at least review all materials before submission. You don’t want your application to be turned down on a technicality, but there are many technical considerations that apply. Businesses must submit not only their application and the appropriate fees to the correct authority, but also provide a wealth of supporting documentation.
If you already have an active registration/license for cosmetics, processed pet food, or food through the FDB and are interested in adding hemp products to your mix, you must fill out and submit a brand new application with the IHEA Authorization application.
Applicants are required to demonstration that they’re in compliance with all existing laws and regulations. On top of this, businesses need to be prepared to demonstrate your compliance with inspections – an initial, scheduled inspection with an FDB representative and subsequent inspections that are likely to be unannounced.
It should be noted that there are different application forms for extract manufacturers and human food manufacturers in Los Angeles, San Bernardino, and Orange Counties. There are also industry-specific applications for those who make cosmetics, processed pet food, and canned human food.
Our Los Angeles hemp lawyers have reviewed these forms, and note that they can appear complicated, which may no doubt pose challenges for small business owners, particularly if they are just starting out and have little experience dealing with the highly-regulated California cannabis industry. (Of course, hemp regulation is not nearly as complex as cannabis regulation. Nonetheless, companies would be wise to have their cannabis business attorney prepare these documents for them, or at least re4view them before submission.)
The state health department’s Food & Drug Branch’s regulator authority over the industrial hemp industry is outlined in Chapter 576 of Statutes of 2021.
The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 714-937-2050.
Additional Resources:
Certificates and Licenses, California Department of Public Health, Food & Drug Branch