BlackletterCalifornia law

CHAPTER 9. Industrial Hemp

Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10.

§§ 111920–111929.5 · 33 sections

  1. ARTICLE 1. Definitions § 111920 · 1 section
    • § 111920 For purposes of this chapter, the following definitions apply: (a) “Department” means the State Department of Public Health. (b) “Established and approved…
  2. ARTICLE 2. General Provisions §§ 111921–111921.8 · 7 sections
    • § 111921 An industrial hemp product shall not be distributed or sold in the state except in conformity with all applicable state laws and regulations, including this…
    • § 111921.1 Industrial hemp raw extract shall not be incorporated into food, food additives, beverages, or dietary supplements unless it meets both of the following: (a)…
    • § 111921.3 The department may adopt regulations imposing an age requirement for the sale of certain industrial hemp products upon a finding of a threat to public health.
    • § 111921.5 (a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following…
    • § 111921.6 Manufacture or sale of inhalable hemp products is prohibited. Manufacture of inhalable hemp products for the sole purpose of sale in other states is not…
    • § 111921.7 (a) The department may exclude from the definition of “THC or Comparable Cannabinoid” one or more isomers of tetrahydrocannabinol if the department determines,…
    • § 111921.8 (a) Except for the amendments specified in subdivision (b),the amendments made to this chapter by the act adding this section shall become operative on January…
  3. ARTICLE 3. Manufacture §§ 111922–111922.3 · 2 sections
    • § 111922 (a) The department, through regulation, may determine maximum serving sizes for hemp-derived cannabinoids, hemp extract, and products derived therefrom, active…
    • § 111922.3 (a) A hemp manufacturer who produces raw extract that will only be used for dietary supplements, foods, beverages, and cosmetics, or a hemp manufacturer who…
  4. ARTICLE 4. Registration and Fees §§ 111923–111923.9 · 5 sections
    • § 111923 The Industrial Hemp Enrollment and Oversight Fund is hereby established in the State Treasury. All money received by the department pursuant to Section…
    • § 111923.3 (a) (1) A hemp manufacturer who produces an industrial hemp product that is a food or beverage shall register with the department pursuant to Article 2…
    • § 111923.5 (a) In addition to licensing and registration requirements and fees required pursuant to other applicable laws, as specified in Section 111923.3, a hemp…
    • § 111923.7 A hemp manufacturer located outside the state shall reimburse the department for travel and per diem required to perform necessary onsite inspections at the…
    • § 111923.9 A hemp manufacturer or retailer who is operating in conformance with this part and in good faith compliance with their responsibilities under this chapter may…
  5. ARTICLE 5. Recordkeeping § 111924 · 1 section
    • § 111924 The department may adopt regulations for recordkeeping standards that shall apply to transporters, manufacturers, and retailers of industrial hemp product and…
  6. ARTICLE 6. Testing Requirements §§ 111925–111925.6 · 4 sections
    • § 111925 (a) A hemp manufacturer shall meet all of the following testing requirements: (1) Industrial hemp raw extract shall be tested for cannabinoid content prior to…
    • § 111925.2 A raw hemp product shall not be distributed or sold in this state without a certificate of analysis from an independent testing laboratory that confirms all of…
    • § 111925.4 (a) As of the effective date of the act adding this chapter, testing requirements for contaminant levels shall be the same as those for cannabis, as…
    • § 111925.6 (a) A product batch may be reprocessed or remediated after failed testing, but the batch shall not be distributed or sold unless the reprocessed or remediated…
  7. ARTICLE 7. Labeling and Advertisement §§ 111926–111926.3 · 3 sections
    • § 111926 (a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to,…
    • § 111926.2 (a) An industrial hemp product that is a dietary supplement, food, or beverage shall not be distributed or sold in the state without packaging and labeling on…
    • § 111926.3 (a) An industrial hemp product that is a cosmetic shall not be distributed or sold in the state without packaging and labeling on the product that includes all…
  8. ARTICLE 8. Enforcement §§ 111927–111927.4 · 3 sections
    • § 111927 (a) The department shall have the seizure and embargo powers provided for in Article 3 (commencing with Section 111860) of Chapter 7 with respect to industrial…
    • § 111927.2 (a) In addition to the inspection authority provided elsewhere in this part, the department may inspect financial data, sales data, and personnel data, as…
    • § 111927.4 Violations of this chapter are subject to the fines and penalties established in Article 1 (commencing with Section 111825) of Chapter 8.
  9. ARTICLE 9. Agency Coordination § 111928 · 1 section
    • § 111928 (a) The Department of Food and Agriculture and the State Department of Public Health, in consultation with the Department of Cannabis Control, if necessary,…
  10. ARTICLE 10. Inhalable Products §§ 111929–111929.5 · 6 sections
    • § 111929 Inhalable products shall not be sold to consumers under 21 years of age.
    • § 111929.1 A hemp manufacturer who produces inhalable products shall comply with this chapter and, to the extent applicable, with the provisions of this part.
    • § 111929.2 An inhalable product shall not contain any of the following: (a) Flavorings other than natural terpenes. (b) Polyethylene glycol (PEG). (c) Vitamin E acetate.…
    • § 111929.3 The department may enter into a memorandum of understanding or other interagency agreement with another state agency to administer and enforce provisions of…
    • § 111929.4 This article shall become operative upon the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the…
    • § 111929.5 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.