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AB45: Californians Dreamin’ & Screamin’

California recently banned perishable hemp foods, despite a 28-year history of safety in that state.

HempRella cheese alternative and Hempeh Burger were perishable foods introduced into international distribution in thousands of stores in 1994 by a Santa Rosa, California, company, Sharon’s Finest. It was even sold in the Travis AFB PX.

Other products affected include hemp yogurt, non-aseptic hemp milk, hemp ice cream, cheese, and the burgers. Hempseed oil is also often refrigerated.

The people behind the AB45 ban include the same ones who killed the hemp food market for years in 2001 when DEA tried to legalize 98% of hemp products outright, no max THC. Ironically, hemp companies were tricked into funding that, through lies and intimidation by a hemp fiber association. It killed the hemp food market for 2.5 years and almost Canadian hemp down with it. Now they gutted the hemp food market yet again, ironically both times doing the very thing they accused DEA of trying unsuccessfully for, despite having zero evidence.

In the FAQs CDFA posted on the law officially called contained:

“What types of industrial hemp products may I manufacture, pack, or hold in California?

Shelf-stable food (e.g. baked goods, candy, confections, dried mixes, etc.)
Dietary supplements taken by mouth (e.g. botanicals, herbs, powders, amino acids, etc.)
Cosmetics (e.g. lotions, balms, makeup, salves, cleansers, etc.)
Pet food (e.g. food for animals NOT including livestock)
Beverages
Inhalables ONLY for out-of-state sales
Raw hemp extract

IH products which require refrigeration for safety are NOT allowed.

“(2) “Industrial hemp product” does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation. For purposes of nonfood applications, “industrialists hemp product” does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.”

It could be a superseding regulation, meaning only non-perishable GRAS is now allowed since they’ll in return deign to legalize CBD for other than dispos. At-risk are perishables made from GRAS substances, like a cheese or meat alternative or frozen dessert. None of the GRAS hemp products are technically perishable, namely shelled hempseed, hempseed oil and it’s presscake. But many perishable foods containing them are not themselves GRAS, yet they are a hemp food. And often hempseed oil is refrigerated, although not technically perishable.

One defense is that’s unconstitutional on its face, a barrier to interstate commerce. But a bigger problem is there are highly-functional hempseed products on the horizon that may not necessarily be GRAS themselves other than “substantial equivalence” to shelled hempseed, which is a stretch. FDA can’t lead only follow, thus we’ll have to do this state-by-state. But damn, they don’t have to throw hemp foods under the bus… again! After all, it’s hemp’s first billion dollar segment and 90% of Canadian hemp…. but less than 30 years old today.

Who is going to make that argument in Sacramento, when their favorite pot lobbyists and lawyers are pushing against it?

The Hemp Food Association (1998-2002) is the best-equipped to do so, if it resurrects. If not, one of the other ones will leverage it for donations while no doubt messing it up, and thereby co-opt hemp foods.

Everybody in the supply chain has to register as a Industrial Hemp Producer. Everyone: producer, distributor, tetauoler, restaurant, boutique, anywhere except marijuana dispensaries. They get that. Tax baby tax.

110469: (b) Industrial hemp shall not be used in dietary supplements or food products unless the manufacturer demonstrates both of the following:

(1) All parts of the hemp plant used in dietary supplements or food products come from a state or country that has an established and approved industrial hemp program that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption.

(2) The industrial hemp cultivator or grower is in good standing and in compliance with the governing laws of the state or country of origin.

“The law requires all IH products to be prepackaged and shelf stable.

Thus it depends on the food: no perishables, no frozen, Chocolate But CBD cookies is a big go.

Damn. If they gonna play that I say everyone register and add CBD, 70 mg /serving in E-V-E-R-T-H-N-G. If they going to register every farmer, every deli, they all might as well sell CBD. Maybe that was the plan along.

110469. (a) A wholesale food manufacturing facility that manufactures products that contain industrial hemp shall be registered in accordance with Section 110460 and shall comply with good manufacturing practices as defined in Section 110105 and as determined by the department in regulation.

(b) Industrial hemp shall not be used in dietary supplements or food products unless the manufacturer demonstrates both of the following:

(1) All parts of the hemp plant used in dietary supplements or food products come from a state or country that has an established and approved industrial hemp program that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption.

(2) The industrial hemp cultivator or grower is in good standing and in compliance with the governing laws of the state or country of origin.

If you sell a bulk extract into the state you have to get Cali licensed and inspected. Definition of “extract” could include hempseed oil, we will see. It has to be <0.3% max THC, but that allows a product up to 6% CBD is possible. And more importantly… legal in California. Plus every other non-THC Noid is free game to develop products with. There’s 150… pick one.

Even use of hemp (typically CBDa> CSA and THCa> thc) vape pens are illegal (“medical devices”. As is a nicotine-cessation tool using hemp. Also out: Colorado HempShine.

111921.5 (a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories:

(1) Medical devices.

(2) Prescription drugs.

(3) A product containing nicotine or tobacco.

(4) An alcoholic beverage.

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