California Publishes IHEO and Registration Applications for Hemp Product Manufacturers

By Andrea Golan

Jul 6, 2022

On April 27, 2022, the California Department of Public Health (CDPH) published proposed emergency regulations detailing the registration requirements and annual fees for those who manufacture, pack, label, or warehouse hemp extract* or hemp products. Persons engaged in these activities must obtain an Industrial Hemp Enrollment and Oversight Authorization (IHEO) and a product-type registration.

On July 6, 2022, CDPH posted the IHEO and registration applications for each product type. The recent post does not specify whether there is a grace period or deadline for submitting the applications. The required registrations for in-state and out-of-state manufacturers are as follows:

In-state and out-of-state manufacturers of hemp extract must obtain:

  1. An IHEO and
  2. A Processed Food Registration

[California does not require an IHEO for out-of-state manufacturers of final form products]

In-state manufacturers of human food, beverages, dietary supplements, and acidified or low-acid food must obtain:

  1. An IHEO and
  2. A Processed Food Registration or cannery license, as applicable

In-state manufacturers of pet food must obtain:

  1. An IHEO and
  2. A Pet Food Processor Registration

In-state manufacturers of cosmetics must obtain:

  1. An IHEO and
  2. A Cosmetics Manufacturing Registration. Certain cosmetic products require submission of a list of ingredients and labeling.

In-state manufacturers of inhalable products must obtain:

  1. An IHEO

About the Industrial Hemp Enrollment and Oversight Authorization (IHEOA) 

The IHEO applications for each commodity type are now available on the CDPH website. An application will need to be submitted for each commodity type. For example, if you manufacture raw extract* and use those extracts in pet food, you will need to submit two applications: one as an extract manufacturer, and one as a pet food manufacturer. A separate IHEO is required for each place of processing, manufacturing, packing, repacking, warehousing, or holding. The IHEO application requires the submission of product labels, unless the applicant is solely holding the product as a warehouser.

The IHEO application requires detailed information about hemp sources, product types, extraction methods, and ownership information. Fees for the IHEO are calculated on gross annual revenue based on sales and revenue from manufacturing, packaging, labeling, or otherwise handling hemp products, for the 12 months preceding the date of application. There is one fee structure for extract manufacturers and another for all other product manufacturers which are based on the product type.

*“Industrial hemp raw extract” means extract not intended for consumer use and that contains a THC concentration of not more than an amount determined by the department in regulation.

Please contact a member of the VS California team if you wish to discuss the California hemp program or the application requirements in greater detail.

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