Hemp in food

The State Health Department’s Hemp Program regulates and inspects all hemp manufacturing operations in Colorado. While farms are licensed and regulated by the Colorado Department of Agriculture, once the crop leaves the farm it is this department’s responsibility to oversee the manufacturing, packaging, testing and distribution of all hemp products. This includes extraction, any additional processing, and the relabeling of all industrial hemp containing food, supplement, and cosmetic products.

Colorado Revised Statues (C.R.S.) §35-61-101(7) defines industrial hemp as:
 
"... a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent on a dry weight basis.”
 
Industrial hemp (IH) production is allowed in Colorado. Operators who manufacture food, supplement, or cosmetic products containing industrial hemp must be able to demonstrate that the hemp comes from an approved source, that it conforms to the standard of identity established in statute, and that other parts of the plant are not above allowable thresholds for THC. Operators must be in good standing and compliance with the governing laws of the state or country of origin. The product must also be clearly labeled as containing industrial hemp, should include a "not tested by FDA for efficacy and safety" statement, and packaging as well as advertising or media cannot make any health claims.
 
We regulate CBD derived from industrial hemp as either a food ingredient or as a nutritional supplement. We don't currently place age restrictions on who can purchase, consume, dose or ingest these products, except when it is combined with other age-restricted commodities (i.e. alcohol or marijuana-infused products).
 

Notice regarding production and/or use of chemically modified or converted industrial hemp cannabinoids.

 

6 CCR 1010-21, adopted by the Board of Health on February 17, 2021; effective, April 14, 2021.

Registration process changes for new applicants: effective September 1, 2021

On September 1, 2021 the process for submitting and processing a manufactured food, storage facility, or industrial hemp facility application will change.

  • All applications require a non-refundable $100.00 application fee, payable by check or money order. We cannot accept cash.
     
  • Please send the application fee only when submitting an application.
     
  • Applications will be processed by the department. Then we will provide you with an invoice for the remaining registration fee, payable by check or money order. We cannot accept cash.
     
  • Once you pay the remaining registration fee, we will issue your registration for a new facility.

 

The registration fees are:

  • Facilities with Gross Annual Sales above $150,000 or any industrial hemp facility - $300.
     
  • Facilities with Gross Annual Sales below $150,000 - $60.
     
  • Brewery, winery, spirit distillery, and grain storage - only a $100 non-refundable application fee.
     
  • Non-profit organizations must provide proof of tax status and have no application or registration fees.

Registration

Manufacturers, warehouses, re-packers, shellfish dealers, salvage operations, grain storage facilities and industrial hemp operations must be registered.

Food manufacturing and storage includes:

  • Selling your food to retailers
  • Re-packing
  • Shellfish dealers
  • Salvage operations
  • Grain storage facilities
  • Industrial hemp

When to submit a new application

Registration is specific to the owner and location. It is not transferable or prorated. If you started a new business, there is a change of owner or if the physical address of the facility changes, please submit a new application and fee. CDPHE does not register operations that are producing marijuana infused products. You need to contact the Department of Revenue, Marijuana Enforcement Division.

  Industrial hemp registration

How to update your contact information

If the physical address of the facility and the owner did not change and you need to update your contact information (mailing address, email, phone number, trade name), please fill out Contact Information Change form.

  Contact Information Change form

All Manufactured Food registration renewals, including industrial hemp, were mailed on June 10, 2021.

Registration is specific to the owner and location and is not transferable. Make sure to complete both pages and submit the appropriate documentation. In addition to this application, you may need to submit additional documentation or information, depending on your business type:
Industrial Hemp Extractors:
  • Include your extraction methods and all chemicals used.
  • Include all locally required permitting and approval documentation, including fire inspection approval.
  • Indicate the source(s) for your hemp or CBD (crude, isolate, etc.).

Please fill out the online sign up form to be added to the industrial hemp stakeholder list.

Learn

CDPHE Certified Industrial Hemp Laboratories and Industrial Hemp Laboratory Certification.

Information about certification of marijuana testing facilities. Questions? Please contact 

cdphe_hemp_labcert@state.co.us.

Industrial Hemp approved source listList of approved sources for industrial hemp operators. A listing of all registered manufactured food businesses that are active. List is updated every two weeks.

Industrial Hemp: pesticide testing list.

This modified pesticide testing list implementation date is now January 1, 2022 due to significant sourcing delays of required testing equipment. The full pesticide testing list will be implemented on April 1, 2022.

Industrial hemp testing: common scenarios.

Specific information and regulation references.

Industrial Hemp product: Tincture label guidance.

Labeling guidance for tincture with an example.

Industrial Hemp product: Chocolate bar label guidance.

Labeling guidance for chocolate bar with an example.

Industrial Hemp product: Cosmetics label guidance.

Labeling guidance for cosmetics with an example.

Commercial kitchen guidance.

Commercial kitchen minimum requirements.

Hemp "Do's and Don'ts."

Suggestions to make your operation more compliant.

FDA Regulation of Cannabis and Cannabis-Derived Products: Questions & Answers.

Questions, answers and guidance provided by the U.S. Food and Drug Administration.

Marijuana Enforcement Division (MED) compliance tips.

Hemp products that are in compliance and manufactured by CDPHE-registered facilities can now be sold at retail marijuana facilities. For more information, please see the 2020 Department of Revenue compliance tip "Industrial Hemp Product," dated May 20, 2020.

Colorado Department of Agriculture Industrial Hemp Program.

For all questions and information about industrial hemp farming and testing of hemp crops, please visit Colorado Department of Agriculture Industrial Hemp Program web page.

Colorado Hemp Advancement and Management Plan.

A collaborative effort between multiple state and local agencies, tribal leaders and industry experts to determine a blueprint for this emerging industry.

Contact
303-692-3645, option 2
cdphe.hemp.dehs@state.co.us

For invoicing questions
303-692-3645, option 4