What types of industrial hemp products may I manufacture, pack, or hold in California?
- Shelf-stable food (e.g. baked goods, candy, confections, dried mixes, etc.)
- Dietary supplements taken by mouth (e.g. botanicals, herbs, powders, amino acids, etc.)
- Cosmetics (e.g. lotions, balms, makeup, salves, cleansers, etc.)
- Pet food (e.g. food for animals NOT including livestock)
- Inhalables ONLY for out-of-state sales
- Raw hemp extract
IH products which require refrigeration for safety are NOT allowed. You may NOT include industrial hemp in an alcoholic beverage, a product containing nicotine or tobacco, medical devices, or prescription or nonprescription drugs.
You must apply for and maintain an "Industrial Hemp Product Registration" (IHPR) issued by the CDPH to manufacture, pack, or hold IH products in California.
You must also maintain and comply with laws for all other applicable registrations for your specific commodity. Other common licenses and registrations include the
Processed Food Registration,
pet food registration, and
cosmetic manufacturing registration. Applications and guidance documents for those programs are included at the links.
You must meet these requirements to sell in California:
Possess a license or registration for your specific commodity (such as Processed Food Registration).
- Obtain an Industrial Hemp Product Registration for each commodity.
- Comply with California law and federal law including but not limited to California Food and Agriculture (CDFA) law; California Department of Public Health (CDPH) law, such as the
Sherman Food, Drug and Cosmetic Law; and the
2018 Farm Bill.
- Currently, inhalable industrial hemp products may not be sold in California.
Yes. Under AB 45 cosmetic manufacturers that include industrial hemp as an ingredient must obtain an IHPR from the CDPH, as well as a mandatory cosmetic manufacturing registration that is referenced above. Cosmetic manufacturers that do not include industrial hemp as an ingredient in their product will continue to be on a voluntary registration basis.
A fee schedule for an IHPR has not been determined at this time. The fees assessed will cover the cost of administration and implementation of this new, statewide program.
No. IH products must be made at a suitable, commercial location.
CDPH will evaluate your application and determine if a pre-registration, onsite inspection is necessary to protect public health and ensure compliance with applicable statutes. The California Health and Safety Code grants the CDPH the authority to enter and inspect any establishment engaged in any covered activity, such as manufacturing, packing, or holding foods, drugs, medical devices, or cosmetics. Additionally, AB 45 specifies that CDPH may inspect financial data, sales data, and personnel data.
Your application will be reviewed, and an inspection may be assigned to field staff. If there are no significant violations of applicable laws and regulations observed, a supervisor will review your file and request that an IHPR registration is sent to the mailing address you included on your application.
IHPR's are valid for one year from the date of issuance.
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 a facility which also manufactures cannabis products.
I want to grow industrial hemp plants. Will an IHPR allow me to operate a farm to grow the agricultural commodity?
No. Industrial hemp cultivation is under the regulatory authority of the California Department of Food and Agriculture (CDFA). Please contact
CDFA directly for information about their registration process.
Do I need an IHPR to sell IH products at my retail store (e.g. grocery store, market, etc.)?
No. An IHPR is required for manufacturers of 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.
No. The law requires all IH products to be prepackaged and shelf stable. Manufacturing IH products at retail cafés and restaurants is not allowed.
Yes. Extraction of cannabinoids must be done under the regulatory framework established by AB 45. Cannabinoid extraction businesses must obtain an IHPR.
Yes. Each location where industrial hemp products are manufactured, packed or held must obtain an IHPR.
Food manufacturers who include industrial hemp in their product must follow all food safety laws and regulations. Some of the applicable statutes include:
California Health and Safety Code (HSC) Section 109875 et. Seq. (Sherman Food, Drug and Cosmetic Law).
HSC Section 111950 – 112130 (California Food Sanitation Law)
- Title 21 Code of Federal Regulations (CFR),
Part 117 (Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food).
- Title 21 CFR,
Part 111 (Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements).
- Title 21 CFR,
Part 101 (Food Labeling)
- Title 21 CFR,
Part 113 (Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers)
- Title 21 CFR,
Part 114 (Acidified Foods)
Federal Food, Drug, and Cosmetic Act (FD&C Act)
Fair Packaging and Labeling Act (FPLA)
The cGMPs for food are the foundational requirements for most businesses who manufacture, pack, or hold food in the United States. They are outlined in Title 21, Code of Federal Regulations,
Part 117, subpart B and apply to IHPR program participants who manufacture food products for human consumption.
Existing labeling requirements applicable to specific commodities must be followed. For example, food product labels must comply with Title 21, CFR Part 101 – Food Labeling. 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. Please refer to the
text of the law for a list of the new labeling requirements.
No. California only licenses out-of-state industrial hemp extract manufacturers. Currently, manufactured food products containing industrial hemp made outside of California are prohibited from entering interstate commerce by federal law.
Yes. Extract manufacturers of industrial hemp both within California and outside of California must obtain an IHPR to lawfully ship their product into and out of California in compliance with AB 45. Out-of-state extract manufacturers must comply with federal law to address interstate commerce concerns pursuant to the 2018 Farm Bill.
Currently, AB 45 requires a certificate of analysis from an independent testing laboratory that confirms:
- The industrial hemp raw extract, in its final form, does not exceed THC concentration of an amount determined allowable by the Department in regulation, or the mass of the industrial hemp extract used in the final form product does not exceed a THC concentration of 0.3 percent.
- The industrial hemp product was tested for any hemp derivatives identified on the product label or in associated advertising following Section 111926.2.
- The industrial hemp product was produced from industrial hemp grown in compliance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code if sourced from within California, or licensed in accordance with United States Department of Agriculture (USDA) requirements if sourced from outside the state.
Currently, CDPH's Food and Drug Branch (FDB) has guidance documents published on our website related to food safety, cosmetic safety, and other licensing programs. We may publish guidance documents related to the Industrial Hemp Compliance Program (e.g. labeling, registration steps, inspection expectations, etc.) as they are developed.
Since FDB is a regulatory agency and cannot offer consulting services for product development, you may want to contact a private consultant, trade association, or other qualified third-party for assistance with your product development and specific situation.