Summary
August 9, 2024
Subject: Compliance with Hemp Product Regulations
Dear Marin County Retailer,
This letter serves to inform you about important legal requirements and potential enforcement actions related to the sale of hemp products, including those that contain THC.
The California Department of Public Health (CDPH) and Marin County Division of Public Health have identified significant public health risk associated with the increasing availability of hemp products for sale, including that some with THC may be illegal. We are especially concerned with youth access to these intoxicating hemp products, since they are being sold without the same age restrictions and regulations as cannabis THC products.
As the state’s enforcement of activities related to intoxicating hemp products intensifies, we recognize that you as local retailers need to understand existing state laws regarding hemp products for your business.
As retailers, you are required to ensure that any hemp product you sell complies with the Sherman Act (California Health and Safety Code 109875). This includes registering with CDPH's Food and Drug Branch and securing an Industrial Hemp Enrollment and Oversight authorization.
To ensure that your business is in compliance with existing law, we urge you to verify that packaging and labeling on hemp products includes all of the following information:
- A label, scannable barcode, internet website, or QR code linked to the certificate of analysis of the final product that provides the following:
- The product name.
- The name, address and telephone number of the product's manufacturer, packer, or distributor.
- The batch number, which matches the batch number on the product.
- The concentration of cannabinoids present in the batch, including THC.
- The levels within the product batch of contaminants.
- The product expiration or best by date, if applicable.
- A statement indicating that children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.
- A statement that products containing cannabinoids should be kept out of reach of children.
- The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”
Finally, be aware that manufacturers are specifically prohibited from advertising or marketing to children, so packaging or products that might be considered attractive to children may be illegal.
If a hemp product package or label does not comply with the above requirements, then it is mislabeled or misbranded and is illegal. Products in violation of the Sherman Act may be subject to recall, embargo, or destruction.
CDPH may impose fines, suspension, or revocation of business licenses for non-compliance. California Department of Alcoholic Beverage Control (ABC) may also take enforcement actions against retailers selling illegal products. Tobacco Retail License holders in Marin County are also required to comply with state laws regulating hemp products.
Additionally, it is important to note that the State may adopt new, more stringent regulatory laws (AB 2223) for intoxicating hemp products, which – if passed – could go into effect by January 1, 2025. Retailers who continue to offer non-compliant intoxicating hemp products in violation of any new state law would be subject to enforcement actions.
In conclusion, we urge you to conduct thorough checks on the products you sell to ensure they meet all current legal standards. Compliance protects your business from legal action, and ensures the safety of your customers.
Thank you for your attention to this matter. For further assistance, please visit the CDPH website: www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/hemp.aspx
Sincerely,
Matt Willis, MD MPH
Public Health Officer, County of Marin
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