Industrial Hemp Manufacturing Application & Fee Requirements Proposed by CDPH
By Lauren Mendelsohn
April 28, 2022
On April 27, 2022, the California Department of Public Health (“CDPH”) proposed emergency regulations pertaining to industrial hemp manufacturing licensing fees, kicking off a 30-day public comment period. The text of the proposed regulations, which would comprise Sections 23200 through 23235 of Title 17 of the California Code of Regulations if adopted, can be accessed here:
This emergency rulemaking follows the state legislature’s adoption of Assembly Bill 45 (“AB 45”) last year, which catalyzed significant changes to California’s hemp product marketplace, including but not limited to new licensure requirements; implications for goods containing delta-8-THC, delta-10-THC, and other novel cannabinoids; and a change in CDPH’s stance regarding cosmetics, dietary supplements, and foods/beverages containing hemp-derived CBD. We previously discussed AB 45 here.
The proposed regulations would impose registration and fee requirements for manufacturers of hemp products including extracts, human foods/beverages, pet foods, cosmetics, and inhalables. (Proposed Sections 23200, 23205, 23210.) The proposed license application requirements are laid out in the proposed text. (Proposed Sections 23215, 23220, 23225.) Fees would be based on an applicant’s gross annual revenue. (Proposed Section 23230.)
Comments must be submitted by May 31, 2022 via one of the following methods:
1. By email to: regulations@cdph.ca.gov. It is requested that email transmission of
comments, particularly those with attachments, contain the regulation package identifier
“DPH-22-002E” in the subject line, to facilitate timely identification and review of the
comment;
2. By fax transmission to: (916) 636-6220; or
3. By postal service or hand delivered to: California Department of Public Health, Office of
Regulations, 1415 L Street, Suite 500, Sacramento, CA 95814.
Comments should be identified with the identifier DPH-22-002E “Industrial Hemp Fees” along with the commenter’s name and contact information. Any questions about this proposed rule making can be sent to Dawn Basciano of CDPH’s Office of Regulations at dawn.basciano@cdph.ca.gov.
This is a developing story; stay tuned to our blog for more information.
This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding industrial hemp product laws and regulation in California or New York, contact the Law Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential legal consultation.