New Regulation of Hemp Foods/Supplements by CDPHE

Effective July 1, 2017, the Colorado Department of Public Health and Environment (“CDPHE”) published a new policy for foods and supplements which authorized the use of “all parts of the industrial hemp plant” as a food ingredient. Manufacturers of hemp products, such as hemp oil and other hemp derivatives intended for human consumption may now register with CDPHE, whereas under prior policy, the agency did not register such operations.

In order for food to contain industrial hemp, manufacturers must be able to satisfy CDPHE preconditions for registration. Among these preconditions is the requirement that industrial hemp must be sourced from compliant growers. Also, producers of hemp food products must be able to document that the finished product contains no more than .3% THC. Finished products must also conform to federal and state labeling requirements.

This is great news for producers of hemp food products, and ensures that within Colorado industrial hemp derived foods and supplements will be properly treated and regulated like other agricultural commodities. McAllister Garfield, P.C. has extensive experience advising clients engaged in producing hemp food products and supplements, including CBD enriched products. Please contact us if you have any questions regarding this new policy, including regulatory compliance, registration, and labeling.