California AB-45 Update! CDPH Publishes Proposed Emergency Regulations and FAQ Update for Hemp Manufacturers
By Andrea Golan
May 6, 2022
On April 27, 2022, the California Department of Public Health (CDPH) published proposed emergency regulations detailing the registration requirements and annual fees for hemp extract* and hemp products manufacturers. CDPH is accepting public comments through May 31, 2022. Please contact a member of the VS California team if you would like assistance in submitting public comments.
Additionally, on May 2nd, the CDPH updated its FAQ to remove the prohibition on the importation of final form hemp products from other states to California and to clarify that no registration is required for out-of-state manufacturers of final form products.
CDPH posted IHEO and registration applications for each product type on July 6, 2022. Read the blog post "California Publishes IHEO and Registration Applications for Hemp Product Manufacturers" for updated information.
According to the proposed regulations, manufacturers of hemp extract and hemp-containing cosmetics, food (human and pet), dietary supplements, and inhalable products must obtain an Industrial Hemp Enrollment and Oversight Authorization (IHEOA) and a product-type registration, as follows:
In-state and out-of-state manufacturers of hemp extract must obtain:
- An IHEOA and
- A processed food registration
[California does not require an IHEOA for out-of-state manufacturers of final form products]
In-state manufacturers of human food, beverages, dietary supplements, and acidified or low-acid food must obtain:
- An IHEOA and
- A processed food registration or cannery license, as applicable
In-state manufacturers of pet food must obtain:
- An IHEOA and
- A processed pet food license
In-state manufacturers of cosmetics must obtain:
- An IHEOA and
- A cosmetics registration
In-state manufacturers of inhalables must obtain:
- An IHEOA
About the Industrial Hemp Enrollment and Oversight Authorization (IHEOA)
The IHEOA application requires detailed information about hemp sources, product types, and ownership information. Fees for the IHEOA are calculated on gross annual revenue based on sales and revenue from manufacturing, packaging, labeling, or otherwise handling hemp products, for the 12 months preceding the date of application. One fee structure exists for extract manufacturers and another for all other product manufacturers—based on the product type. If a manufacturer makes more than one product type, an IHEOA is required for each product type. A separate IHEOA is required for each place of processing, manufacturing, packing, repacking, holding, warehousing, or holding.
*Note: “Industrial hemp raw extract” means extract not intended for consumer use and that contains a THC concentration of not more than an amount determined by the department in regulation.
A “hemp manufacturer” means either of the following:
- A processor extracting cannabinoids from hemp biomass or
- A processor purchasing industrial hemp raw extract for the purpose of manufacturing a final form product
To provide written comments on the proposed regulations, email regulations@cdph.ca.gov and put “DPH-22-002E” in the subject line.
Please contact a member of the VS California team if you wish to discuss these proposed rule changes in greater detail or if you would like our assistance in submitting public comments.