Search Menu
Menu »
Home » Industrial Hemp Program

Industrial Hemp Program

The Utah Industrial Hemp Program ensures safety, compliance and equity to the industrial hemp industry by monitoring Utah’s cultivators, processors and retail establishments. This program ensures consumer safety and product integrity by approving products prior to entering the Utah market and verifying through inspections that safety and label standards are met. 

Important news:

Utah retail outlets can now apply to sell Industrial Hemp Products
Click here for more information

 

Utah's Approved USDA State Plan
4-41 Hemp and Cannabidiol Act
  • Individuals can cultivate and process industrial hemp if they are licensed by the Department.
  • Individuals can market industrial hemp and industrial hemp products provided the products have been registered by the Department.
  • Cannabidiol (CBD) products may be sold around the state of Utah, provided they are registered with the Department.
All applicants are expected to have read all applicable industrial hemp rules prior to submitting an application.
- - - -
Here are the directions as well to finding the application:
- Online Services
- License/Permit Renew
- New License/ Permit Application
- Scroll Down Select 8003

To apply for an Industrial Hemp License Renewal please use this application.
What Is Needed To Apply For A Grower License?
  1. A completed criminal history report from the FBI (Background Check). The criminal history report cannot be older than three months.
  2. Legal description of the growing area.
  3. An aerial photograph identifying the lots of each area.
  4. An application for a Growers License. (Please create an online UtahID account in order to apply for an 8001 Industrial Hemp Grower License) 
  5. $500.00 licensing fee to the Utah Department of Agriculture and Food.
Who Can Grow Industrial Hemp?
The State of Utah allows individuals, businesses, and universities to grow industrial hemp, provided they are licensed by the department and meet requirements.
Can I Import Industrial Hemp Seeds To Grow?
Yes, please obtain your license before purchasing hemp seeds and apply for a transportation permit before importing out-of-state seeds. Please read the following from USDA.
Can I Register Two Parcels Under One Hemp Growers License?
Please apply for the locations you want to grow and UDAF will evaluate the application.
How Do I Get A FBI Background Check?
*Obtaining a Background Check is an independent process from UDAF, but it is a requirement to apply. EDO will work with you directly to get this step completed, not UDAF.*
Visit here and read through the EDO website for instructions. There is an $18 fee and you will need to print and mail the forms along with your fingerprint card. EDO will then respond to the request via email. You will need to go to your local jurisdiction to be fingerprinted. The completed background check used in applying for an industrial hemp license must have been issued no longer than 90 days prior to submitting your grower application.

What Is Needed To Apply For A Processor License?
  1. A completed criminal history report from the FBI (Background Check). The criminal history report cannot be older than three months.
  2. UDAF or FDA Food Permit, or a Good Manufacturing Practice Certificate valid for year of processing.
  3. Blueprint of the processing facility
  4. An application for a Processor License.  (Please create an online UtahID account in order to apply for an 8002 Industrial Hemp Processor License) 
  5. Pay $2000.00 processor licensing fee to the Utah Department of Agriculture and Food.
 Visit here and read through the EDO website for instructions. There is an $18 fee and you will need to print and mail the forms along with your fingerprint card. EDO will then respond to the request via email. You will need to go to your local jurisdiction to be fingerprinted. The completed background check used in applying for an industrial hemp license must have been issued no longer than 90 days prior to submitting your grower application.

The Utah Agricultural Code and Hemp & Cannabinoid Act was updated earlier this year to include a required industrial hemp retailer permit.  Utah Code 4-41-1-103.3 and Utah Administrative Rule 68-33 outlines the requirements and standards for permit. 
 All retail establishments who market and sell industrial hemp products to include hemp fiber, hemp seed oil, or products containing a cannabinoid, including CBD, must apply for and maintain a current permit with the Utah Department of Agriculture and Food (UDAF).
To apply for a permit click this link.
The permit is $50 per calendar year.
Our inspectors will have an increased presence through the retail environment to ensure compliance with this new requirement. As a reminder, all industrial hemp products marketed, displayed and sold in the state of Utah must be registered with UDAF.  Attached is an information flyer to better assist with applicable laws and administrative rules governing the sale and marketing of industrial hemp products. 
To update your Retail Permit please fill out this form.
- - - -
Here are the directions as well to finding the application:
- Online Services
- License/Permit Renew
- New License/ Permit Application
- Scroll Down Select 8003

To apply for new product registration please use this application.
Here is a list of the approved products in Utah. This list is updated weekly if there are new entries in any of the categories.
___

How Do I Apply to Register New Products?  (4-step process)

1) To apply for new products follow this link to fill out one application per product.
2) Call 801-982-2206 to make payment and receive a receipt in your email.
3) Please email all product COAs, Labels, and packaging (boxes)  in PDF Format, along with the Receipt of Payment to hemp_udaf@utah.gov.  Failure to provide Application, COAs, Labels, and Payment Receipt will result in products not being reviewed.
4) Please wait up to 5 business days for review and the department will notify you when the review is complete.

How Much Does It Cost To Register Products?

    • Each product containing hemp seed oil, hemp oil, extract, or a cannabinoid, to include CBD, requires the applicant to submit a $325 registration fee. ($250 + $75 service fee)
    • Each product containing Industrial Hemp seed or a product containing a solid seed derivative requires the applicant to submit a $200 registration fee. ($125 + $75 service fee)
    • Each product containing Industrial hemp fiber does not have to submit a registration fee but must register their product.

What Is Considered One Individual Hemp Product?

    • An individual hemp product is defined as a product with the same cannabinoid content with one single flavor or scent in an approved medicinal form.
    • One individual product can be registered with one product fee and provide different bottle sizes for sale (Example: 200 mg Tincture Mint Flavor sold in 2 oz and 4 oz bottles)
    • If a product has multiple flavors, each flavor must be registered and paid for separately.
    • If a product comes in different cannabinoid dosage amounts (Example: 1000 mg and 2000 mg products that have the same formula) the products are considered separate products and must be registered individually.

What Are Approved Medicinal Dosage Forms?

Please refer to this flyer for approved dosage forms.  Click here to view flier.
Product must be an approved dosage form or will be rejected.
Approved product forms are:
o   Capsule
o   Tablet
o   Liquid Suspension
o   Topical Preparations
o   Concentrated Oil
o   Transdermal Preparation
o   Rectangular or Cubed Gummies
o   Sublingual Preparation
        • Common forms that ARE approved:
o   Liquid Shots
o   CBD powdered drink mix/ protein powder (Customer must add water after purchase)
o   Lotions
o   Scented wax melts without wick (no ignition allowed)
o   Mints must be called dissolvable tablets to be registered
o   Pet products (Please see below)
        • Common forms of product that are NOT approved:
o   CBD Inhalers
o   CBD Chocolate Bars/Candy
o   CBD Baked Goods (Food additive)
o   Hemp Leafs to Blend in Smoothies (Food additive)
o   Hemp Flower
o   Hemp Honey
o   Candles
o   CBD Water/ Sports Drinks
Reminder: Gummies Must Be Cubed/Rectangular Shape Without Sugar Coating. No Other Shapes Will Be Approved.

Is there a CBD variance amount?

    • Yes, 10% variance is accepted in the State of Utah.

What Materials Are Needed In Order To Apply?

1)  A Certificate of Analysis for each final product that contains a cannabinoid, to include CBD.
A COA is not required for hemp seed derived products that do not contain cannabinoids.
Each COA needs to have the following:
      • Batch Identification number
      • Date received
      • Date of completion
      • Method of analysis for each test conducted
      • A picture of the container and substance in the container printed on the COA
      • Cannabinoid profile by percentage of dry weight
Full testing must include all tests shown below or you will be asked to provide it after submission and delay registration:
      • Solvents
      • Pesticides
      • Microbial
      • Heavy metals
A COA will be required to be viewed by the consumer either on the product website or a QR code.
2)  A Product Label for each individual product.   Please view label example here.
Each Label must have:
      • Brand Name
      • Amount of CBD derived per capsule or container
      • Size of Container
      • Supplement Facts Panel (only for oral consumption products)
o   If it’s a topical product and contains ingredients that have a national drug code number, then drug facts/active ingredients on the label will be required. CBD should not be the only active ingredient. Must also contain an allergen statement. (No specific wording is required)
      • Other Ingredients
      • Manufacturer’s Address
      • Suggested Use
o   Medical medical claims references will need to be amended (Example: ‘Use to treat arthritis’ is not allowed. Instead use  ‘May provide relief from arthritis pain’)
      • FDA Warning
o   ‘These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.’
o   The minimum warning statement for topicals/ transdermals:  ‘Warning: the safety of this product has not been determined’
o   Hemp Seed Oil - No FDA Warning Required (21 CFR 111)
      • QR Code or website directly linked to product COA
3)  Application
      • One application is required per product.
4)  Payment
      • Please make payment by calling 801-982-2206.  Please record business name on receipt of payment rather than personal name. This is so we can match payments to applications. Business names on payment, products, and applications must match to be processed.
___
Requirements to Register Pet Products:
      •  Information in the Facts Panel but not the format
      • Amount of CBD per serving usually determined by weight of animal
      • Manufacturer or distribution address
      • Directions or suggested use
      • Cannot have any feed claims or labeled as food
      • QR Code or website link to access the certificate of analysis
      • On the front of the label which is referred to as the primary display panel needs to have the following Brand name, total amount of CBD in container, and size of container
To update your product registration throughout the year (such as rebranding products) - please email the new information to hemp_udaf@utah.gov and pay a $75 service fee.

Starting July 1st, 2020, Official Sample Tests will be billed at $65.00 per test and $65.00 per hour to sample. Samples will be taken of each lot to verify as industrial hemp. Lots are a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout and is defined by a maximum of 25,000 plants or 10 acres and planted within a two-week time frame. All work performed for the sampling of lots will be billed at a minimum of one hour, then in fifteen (15) minute increments after the first hour. Lab sample reports will not be released until payment has been received.
UDAF will continue to operate under the Utah hemp program rules until September 30th 2021. Our current projection is to operate under a USDA approved state plan effective October 1st 2021 which will include applicable requirements set forth by the USDA Final Rule on Hemp Production.
  
Required Forms for Growers Licenses:
  • As you move plant material (propagules, seeds, starts, transplants, etc.), complete the required Transportation Permit form within five (5) days of moving the hemp plant material.
    Transportation Permit
  • As you prepare to plant your 2020 Hemp Crop, complete the required Planting Report form within ten (10) days of seeding or transplanting.
    Planting Report
  • As you approach thirty (30) days before harvest, complete the Hemp Harvest Report Sample Request form and allow 5 days for an inspector to schedule a sampling inspection.
    Hemp Harvest Report Sample Request
  • Thirty (30) days after completion of harvest the licensee shall submit a Production Report.
    Hemp Production Report
  • To update your license please fill out this form
Commonly Asked Questions:
How many days do I have to harvest?
30 days until September 30th 2021. October 1st 2021 growers will likely have 15 days to harvest per USDA Interim final rule.
Can I request a harvest extension?
Yes until September 30th 2021.
Can I store hemp material in my home?
No. Per R68-24-7 hemp material is not allowed in residential homes. All material must be kept in approved Storage and Grow locations. 
How do I sell my hemp biomass to Medical Marijuana Dispensaries?
Based on strict growing requirements, hemp material can be sold to Medical Cultivators in Utah. It cannot be sold directly to dispensaries in Utah. Please see instructions below on how to initiate a Hemp Waste Transfer.
Can I transport hemp material without a permit?
No.  All hemp transport (including seeds) must be applied for and documented with a transportation permit.
Required Grower Sign
The signage shall include the following information:
A) The statement, "Utah Department of Agriculture Industrial Hemp Research Pilot Program"
B) The name of the licensee
C) The Utah Department of Agriculture and Food licensee number; and
D) The Department's telephone number.  (801-982-2206)
 
How to Sell to Medical Cannabis Cultivators and Processors
R68-32 - Sale and Transfer of Industrial Hemp Waste to Medical Cannabis Cultivators
  • Due to the strict requirements for cannabis flower in the medical market, we highly recommend arrangements be made at the start of the hemp growing season with medical cannabis cultivators. 
  • Industrial hemp cultivators and processors can sell industrial hemp waste to a medical cultivator  and individuals can cultivate and process industrial hemp if they are licensed by the department.
  • A certificate of sale is required for each transfer of “industrial hemp waste” to a medical cannabis cultivator.
  • Please review all informational material below before submitting a certificate of sale application

R68-25-7. Required Reports
1) A licensee shall submit a completed Production Report on a form provided by the department by December 31st.
2) A licensee shall submit a report of the results of the research as set forth in the research plan by December 31st.
3) The failure to submit a timely completed form may result in the denial of a renewal license.
Click here to file a Production Report.
.
R68-25-12-2 Transportation of Industrial Hemp Material
An industrial hemp transportation permit is required for each day and each vehicle used to move industrial hemp or industrial hemp products.
Click here to apply for a Transportation Permit.
To update your license please fill out this form.
.
R68-32 - Sale and Transfer of industrial Hemp Waste to Medical Cannabis Cultivators
  • Industrial Hemp Cultivators and Processors Can sell Industrial Hemp Waste to a Medical Cultivator  and Individuals can cultivate and process industrial hemp if they are licensed by the Department.
  • A certificate of sale is required for each transfer of “Industrial Hemp Waste” to a Medical Cannabis Cultivator.
  • Please Review all informational material below before submitting a Certificate of Sale Application.
Hemp Waste Fact-Sheet
Example “Certificate of Sale” Application - Use example to gather all required information
Hemp Waste Certificate of Sale Application - Allow 10 Business Days for Form to be processed

Fill out this application to log the transportation of hemp material.
A response will be sent as a virtual hemp transportation permit, which allows a permit holder the ability to transfer industrial hemp products on public roads in Utah.
A licensee shall not sell or transfer living plants, viable plants, viable seeds, leaf material, or floral material to any person not licensed by the department or to any person outside the state who is not authorized by the laws of that state. R68-24-9 (1) An industrial hemp transportation permit is required for each day and each vehicle used to move industrial hemp raw material. R68-25-12 (2) and R68-24-8 (3)
Valid purposes of transportation include; purchase or sale of hemp material, sample submissions, movement between storage locations, and conferences, educational purposes, or conventions.

Utah Industrial Hemp Program Flyer

What is Industrial Hemp?
Cannabis Sativa L. that has less than 0.3% THC.
What is Medical Marijuana?
Marijuana is cannabis that contains over 0.3% THC.
How are they the Same and how are they Different?
Industrial Hemp and Medical Marijuana come from the same genus plant. Similar to the difference between Sweet Corn and Field Corn.  They are both corn, but the purposes are different.  Both products look similar to each other and contain many of the same chemical compounds, however, the concentration of compounds in the two plant species can be vastly different. The legal difference is the amount of Tetrahydrocannabinol (THC) the plant contains.  If the cannabis plant contains more than 0.3% THC it is considered Marijuana.
Why is the Department of Agriculture and Food Involved?
The Utah Department of Agriculture and Food was identified as the department in the best position to provide regulatory oversight for the identification, cultivation, processing, testing and distribution of hemp-based products.
Can I Buy CBD Oil in Utah?
The purpose of the law is to make sure the product being sold is free from harmful contaminants and matches the label requirements. The Department has established rules for the sale and purchase of CBD oil in the state.  CBD oil registered with the Department, meeting all testing, labeling and other requirements as established by rule, may be purchased in the State of Utah.

Please fill out this form if you have questions or concerns regarding growers, processors, retail establishments or products of industrial hemp. If you choose to remain anonymous, it may be difficult to collect enough information to begin an investigation or follow-up.  Once a complaint is submitted, the UDAF Cannabis Program staff will evaluate your complaint to determine if sufficient information exists to proceed.

 

UTAH MEDICAL CANNABIS PROGRAM

Information about the Utah Medical Cannabis Program including patient, provider, production, and pharmacy information can be found at https://medicalcannabis.utah.gov/

The medical cannabis card application process can be found directly at: https://medicalcannabis.utah.gov/patients/i-am-a-patient/