Consumable Hemp

DIA is responsible for the regulation of consumable hemp products, including registration (hemp manufacturers and retailers are not licensed, they are registered).

What is consumable hemp?

A hemp product is an item derived from or made by processing hemp or parts of hemp. Consumable hemp is a liquid or solid hemp product intended to be introduced into the human body by ingestion or internal absorption, including but not limited to: food, chew or snuff, oils and lotions, and hemp processed or otherwise manufactured, marketed, sold, or distributed as food (e.g., "gummies"), a food additive, a dietary supplement, or a drug.

Consumable hemp products do not include those intended to be introduced into the human body by any method of inhalation, which are prohibited under Iowa Code 204.14A. Violation of Iowa Code 204.14A(1) is a criminal offense (serious misdemeanor).

Animal products as well as products marketed or intended to “cure, treat, mitigate, prevent disease, or affect the function of the human body,” including products marketed as over-the-counter medication, are also prohibited. Additionally, consumable hemp products manufactured or sold in Iowa must contain 0.3% or less total THC to be legal. 

Relevant Iowa Code and Administrative Rules

*IAC 32.5(5): Consumable hemp products in interstate commerce are subject to federal law. Compliance with Iowa Code Chapter 204 and Iowa Administrative Code 481-Chapter 32 does not represent compliance with federal law. For additional information, visit the FDA website.

 

Read the consumable hemp fact sheet.

 

Any individual or entity wishing to sell, manufacture, or store consumable hemp products in Iowa must register. This includes individuals or entities located outside of Iowa who sell consumable hemp products to purchasers in Iowa.

Retailer registration

Allows a person or business to sell consumable hemp products in Iowa directly to the consumer. With the registration form and payment, retailers of consumable hemp products must submit a complete list of all consumable hemp products the retailer intends to sell, along with information about the product suppliers and manufacturers.

Manufacturer registration

Allows a person or business to operate as a manufacturer of consumable hemp products in Iowa. With  the registration form and payment, manufacturers of consumable hemp must submit a complete list of all consumable hemp products they intend to produce, process, pack, hold, distribute, or sell, along with information about ingredient suppliers and manufacturers. 

Details

  • COST: $475 per year for each type of registration. 
     
  • PROCESSING TIME: It may take up to 30 days for an initial registration to be approved after it is submitted.
     
  • TRANSFERABILITY: Registrations are issued by location, and are not transferable to a new location or new operator at the same location.
     
  • RENEWALS: Registrations can only be obtained and renewed annually through DIA's online registration system. Registrations can be renewed as soon as 90 days prior to their expiration date. Registrations that have not been renewed and that are more than 60 days past expiration will be revoked without notice. After 60 days, the consumable hemp manufacturer or retailer must complete a new consumable hemp registration, and may not sell any consumable hemp products prior to the new application's approval.

How to register

New Users

Watch this video if you DON'T currently have a food license in Iowa.

Existing Users

Watch this video if you DO currently have a food license in Iowa.

NO food license is required if:

  • A consumable hemp establishment plans to sell approved, prepackaged consumable hemp products from their retail store (either a physical location or online). A consumable hemp retailer registration is all that is required.

  • A consumable hemp business plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for topical use (e.g., oils and lotions) only. A consumable hemp manufacturer registration is required. If the establishment plans to sell directly to consumers, a consumable hemp retailer registration is also required.

YES, a food license is required if:

  • A consumable hemp retailer plans to add consumable hemp as a food ingredient for immediate consumption by the consumer (e.g., in a coffee beverage that is brewed on site). The business needs a food service license. The consumable hemp retailer may not otherwise manufacture, process, package, repackage, relabel, mix, blend, or otherwise manipulate a consumable hemp product. 
     
  • A consumable hemp manufacturer plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for use as human food or an ingredient in human food, a dietary supplement, or a drug. The business needs a food processing plant license.

NO inspection is required if:

  • A business wishes to register as a consumable hemp retailer only, and a food license is not required.
     
  • A business wishes to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for topical use only (e.g., oils and lotions).

YES, an inspection is required if:

  • A business wishes to register as a consumable hemp retailer and also requires a food license.
     
  • A business wishes to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for use as human food or an ingredient in human food, a dietary supplement, or a drug.  

DIA only handles registration for consumable hemp products meant for humans, with a total THC under 0.3%. If you have an inquiry about any of the following, please contact the appropriate listed entity.

Agricultural hemp products

Agricultural hemp products are regulated by the Iowa Department of Agriculture and Land Stewardship (IDALS). Visit the IDALS website if you are interested in the following:

  • Growing hemp;
  • Applying for a hemp license or seed permit; or
  • Hemp in animal feed or pet food.

You may also contact IDALS at hemp@iowaagriculture.gov or 515.725.1470

Medical CBD

To purchase medical cannabidiol (CBD) products, a medical card is required. Medical CBD is only sold at facilities licensed and regulated by the Iowa Department of Public Health (IDPH). Medical CBD products contain THC amounts that exceed 0.3%.

Visit the Office of Medical Cannabidiol on the IDPH website, or contact them online or at 515.725.2076.

THC and CBD in alcoholic beverages

Please visit the Alcoholic Beverages Division website.

Delta-9 isometric/analog products and controlled substances

If you have questions about Delta-9 and controlled substances, contact the Iowa Board of Pharmacy online or at 515.281.5944.

 

The following consumable hemp products are not allowed to be sold:

  • Those containing a total THC (inclusive of any isomers, derivatives, and analogs, whether naturally occurring or synthesized) greater than 0.3% (dry weight); 
  • Animal or pet products;
  • Those intended for inhalation (e.g., vape cartridges, rolling papers, cigarettes, cigars, pre-rolls, or wraps);
  • Those marketed tor intended to cure, treat, mitigate, prevent disease, or affect the structure of the human body (this includes over-the-counter medications);
  • Bread, cake, pie, or other “cottage food” items made in a person’s home kitchen or other residential space;
  • Manufactured alcoholic beverages, meat or poultry products, or dairy products infused with hemp;
  • Other food not produced in a licensed food-processing plant;
  • Those manufactured in other countries or in jurisdictions without an approved USDA hemp plan.

 

Consumable hemp products may be sold at a farmers market if:

  • The farmers market is listed in the Iowa Department of Agriculture and Land Stewardship's (IDALS) farmers market directory. If the market is not listed in the IDALS directory, consumable hemp products may not be sold there.
  • The individual selling consumable hemp products at an IDALS-listed farmers market has applied for and received a retail registration for consumable hemp from DIA. The cost of an annual registration is $475. Open the "Registration" tab above to view videos that walk through the process of applying for a consumable hemp retailer registration.
  • The valid consumable hemp retailer registration documentation from DIA is posted in plain sight at the retailer’s farmers market booth/stand.

Selling consumable hemp at other events or locations

Selling or providing samples of consumable hemp at any other event or unregistered retail sites is prohibited (e.g., at a “pop-up,” roadside, or temporary stand; door-to-door; at private parties; in vending machines).

Consumable hemp in food

Food that contains consumable hemp cannot be sold unless it is produced in a licensed food-processing plant. Bread, cake, pie, or other “cottage food” items made in a person’s home kitchen or other residential space containing consumable hemp may not be sold at farmers markets or any retail location, even with a consumable hemp retail registration.

Raw hemp

Harvested raw hemp is considered a raw agricultural commodity and is not regulated by DIA. However, raw hemp packaged for human consumption may be sold as long as it has been manufactured according to the rules and regulations found in Iowa Administrative Code 481, Chapter 32, and the appropriate food licenses have been obtained prior to manufacturing.

Questions?

Visit the FAQ section of DIA's website. On the FAQs page, click "Food Safety & Licensing" to view all Food and Consumer Safety Bureau FAQs. Type "hemp" in the search bar to search exclusively for hemp FAQs.

If you have any additional questions about consumable hemp products or the rules and guidelines of the consumable hemp program that are not found in the FAQs, please contact DIA at hemp-registration@dia.iowa.gov or 515.829.8899.

If you have questions about the online registration system, please contact DIA at fcs-licensing@dia.iowa.gov or 515.281.6538.


Source URL: https://dia.iowa.gov/consumable-hemp