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Hemp Products

Hemp Products

What is a Hemp Product?

A “Hemp product” is any product made with hemp, including cosmetics, personal care products, dietary supplements or food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any product containing one or more cannabinoids derived from hemp, including cannabidiol.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.

Is a license needed to make hemp products?

A hemp processor must be licensed and inspected by the Ohio Department of Agriculture.

Who does not need a hemp processing license?

A university authorized by the director to process hemp for research purposes.
Any person who is a subordinate employee or immediate family member of the licensed processor that are acting under the instructions and control of the licensed processor within the licensed facility.

What are the requirements for the labeling of hemp products?

A hemp processor is required to label all of their products properly, which includes the following information on the label of each hemp product offered or distributed for sale:

1.   Statement of Identity – name of the product
2.   Net Quantity of Contents – the net weight, in both U.S. Customary System and International System
3.   Ingredient List – ingredients of the food product, listed in descending order of predominance by weight
4.   Statement of Responsibility – name and address, including city state and zip code, of the business.
5.   Unique batch or lot code –code that is permanent and visible to the naked eye that specifies the establishment where packed; the product contained therein; and the year, day and period during which it was packed.
6.   When product contains cannabinoids, a statement indicating consumers should consult a licensed healthcare professional if pregnant, breast feeding, currently taking medications, or under 18 years of age.

a.   This statement shall appear prominently and conspicuously as compared to other words, statements, or designs on the information panel of the immediate container label. Where the immediate container is not the retail package, this statement must also appear prominently and conspicuously on the information panel of the retail package label.
b.   This statement is not required on products derived exclusively from hemp seed oil.

Specific labeling requirements for food and dietary supplements

1.    Total milligrams and milligrams per unit serving for all cannabinoids (e.g., CBD, THC, CBG, etc.) identified on the product label.
2.    Hemp products classified as food must meet nutrition labeling requirements in 21 C.F.R. 101.9.
3.    Hemp products classified as dietary supplements must meet the nutrition labeling requirements 21 C.F.R.

Specific labeling requirements for cosmetics

1.    Total milligrams and milligram per unit for all cannabinoids (e.g., CBD, THC, CBG, etc.)  identified on the product label.
2.    Hemp products classified as cosmetics must meet the labeling requirements in 21 C.F.R. Part 701 and 21 C.F.R.
Part 714.

Claims: Claims on product labels and in labeling, such as websites, cannot directly express or imply use in the cure, mitigation, treatment, or prevention of disease or symptoms of disease.

Is there a license fee?

Yes. The application fee is $100.00 per license application. The annual fee for processors using cannabinoids in human food, dietary supplements, cosmetics and personal care products for each processing site is $500.00 for wholesale production; and $250.00 for retail production.

For licensing, contact ODA Hemp Program at (614) 728-2101; E-mail:  hemp@agri.ohio.gov

To arrange for an inspection, contact: ODA Division of Food Safety at (614) 728-6250; E-mail:  foodsafety@agri.ohio.gov