On July 6th, the California Department of Public Health (CDPH) published a document titled "FAQ - Industrial Hemp and Cannabidiol (CBD) Food Products." Please take a moment to review the document in full. In this document, the Department indicates that in California "any CBD products including CBD oil derived from hemp will not be allowed in food," including pet food and states that "CBD derived from hemp and cannabis is a federally-regulated controlled substance."
We know that the CDPH's statements stand to impact many of our member stakeholders who are conducting business in the state, and we are working with allied advocacy organizations to strategize an effective response.
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We know that the CDPH's statements stand to impact many of our member stakeholders who are conducting business in the state, and we are working with allied advocacy organizations to strategize an effective response.
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Clip From the CDPH's published FAQ Document:
California incorporates federal law regarding food additives, dietary use products, food labeling, and good manufacturing practices for food. The Controlled Substances Act of 1970 classified all forms of cannabis as a Schedule I drug, making it illegal to grow it in the United States.3 Currently, the United States Food and Drug Administration (FDA) has concluded that it is a prohibited act to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which tetrahydrocannabinol (
Therefore, although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.
Frequently Asked Questions
1. What forms of Industrial hemp derived products will and will NOT be allowed in food in California?
Will be allowed in food (without any claim for health benefits):
- Seeds derived from Industrial hemp
- Industrial hemp seed oil or hemp seed oil derived from industrial hemp
Will NOT be allowed in food:
- Any CBD products derived from cannabis
- Any CBD products including CBD oil derived from industrial hemp
- Hemp oil that is not derived from industrial hemp seeds
- Industrial hemp seed oil enhanced with CBD or other cannabinoids
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