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CDPH Releases Industrial Hemp Manufacturing Applications

July 5, 2022

By Lauren Mendelsohn

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Today, the California Department of Public Health (CDPH) published the application materials for the State’s new Industrial Hemp Enrollment and Oversight authorization (“IHEO authorization”), which is a requirement for manufacturers using industrial hemp (“IH”) or IH-derived ingredients.

There are applications to process, manufacture, repack and warehouse the following categories:

  • hemp-derived extracts;
  • human food containing hemp/hemp extracts (with or without canning);
  • pet food containing hemp/hemp extracts;
  • cosmetics containing hemp/hemp extracts; and
  • inhalables containing hemp/hemp extracts, which are currently limited to sales outside of California.

Most applications consist of two separate forms (one is a supplement specifically for industrial hemp manufacturers), and for a few categories there are unique forms for applicants located in Los Angeles, Orange, and San Bernardino Counties.

The application forms, which contain instructions and fee information (including schedules for IHEO Authorization fees, which are tiered based on an applicant’s gross annual revenue), can be found here. A manufacturer who produces multiple IH commodities must fill out and submit the application forms relevant to all of those commodities — for example, a business that produces hemp-derived CBD oil and then adds that oil to pet food will need to submit the application materials for both Extract Manufacturing and Pet Food Manufacturing. The same applies to a company that only provides warehousing services, but for various types of IH products.

Questions about industrial hemp manufacturing licensing or registration can be sent to fdbih@cdph.ca.gov.

Manufacturers of industrial hemp-derived products must be licensed and follow applicable laws and regulations following adoption of Assembly Bill 45 (“AB-45”) by the State legislature last year. We previously discussed AB-45 here.

While California’s regulations and application requirements for hemp manufacturers may seem onerous, they pale in comparison to the rigorous requirements imposed on cannabis operators, who do not enjoy the same ability to sell their products across state lines or at mainstream stores. As such, hemp has become an attractive business option for some. Nevertheless, there are still rules to follow — for example, applying for and obtaining the appropriate license — in order to avoid penalties.

This is a developing story; stay tuned for updates.

 

This information is provided as a public educational service and is not intended, nor should be construed, as legal advice. For specific questions regarding hemp laws in California, including how to apply for an industrial hemp manufacturing license and comply with the applicable regulations, contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com  to schedule a confidential legal consultation.

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