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Utah Industrial Hemp Program

 

>>> Utah retail outlets can now apply to sell Industrial Hemp Products – click here for more information

 

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.

Grower License
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.
    5. $500.00 licensing fee to the Utah Department of Agriculture and Food. This can be paid via mail: P.O. Box 146500 Salt Lake City Utah 84114 or call UDAF at 801-982-2206.
    6. Once application is completed and payment is made, please send payment receipt and all required documents to hemp_udaf@utah.gov
    7.  Please allow 5 business days for department review.
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?
If the planting location is outside of 1 mile of the other planting location, a separate license is required.
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.*
FBI background checks must be completed before applying. Visit edo.cjis.gov 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.
Due to COVID19 we have listed some vendors that are currently available. We also recommend searching to find a site near you or checking with local law enforcement agencies to get fingerprints done for hemp licensing and medical cannabis agent registration.
I D Carry Fingerprinting
785 E 4200 S, Salt Lake City, UT 84107
(801) 792-2310
RHA Community Services
119 S Pacific Drive American Fork, UT 84003
(801) 763-9299
YUP Fingerprinting / Your Unique Prints Fingerprinting LLC
1240 E 100 S bldg 23 Suite 202j, St. George, UT 84790
(435) 359-6668
InfoLinics
1160 S State St Suite 160, Orem, UT 84097
(801) 900-9300
The UPS Store
32 W 200 S, Salt Lake City, UT 84101

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Processor License
All industrial hemp processor applicants must be registered as a food establishment and receive a food establishment permit from UDAF Regulatory division prior to getting licensed as an industrial hemp processor.
Applicants should contact Regulatory services at (801) 982-2253 to begin the establishment registration process.  UDAF Regulatory services will conduct a plan review and facility inspection as part of the registration process and prior to issuing the food establishment permit. UDAF Industrial hemp program cannot approve a processor license until the food establishment permit has been issued and verified.
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. Applicants that process industrial hemp for human consumption must be licensed with the Utah Department of Agriculture and Food and obtain a Food Establishment License.
    3. Blueprint of the processing facility
    4. Manufacturers of cosmetics and animal supplements must provide proof of Certified Good Manufacturing Practice (CGMP) by a recognized GMP certification group or United States Department of Agriculture with in the past 2 years.
    5. An application for a Processor License
    6. Pay $2000.00 processor licensing fee to the Utah Department of Agriculture and Food. This can be paid via mail: P.O. Box 146500 Salt Lake City Utah 84114 or call UDAF at 801-982-2206.
    7. Once application is completed and payment is made, please send payment receipt and all required documents to hemp_udaf@utah.gov
    8. Please allow 5 business days for department review.
FBI background checks must be completed before applying. Visit edo.cjis.gov 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.
Due to COVID19 we have listed some vendors that are currently available. We also recommend searching to find a site near you or checking with local law enforcement agencies to get fingerprints done for hemp licensing and medical cannabis agent registration.
I D Carry Fingerprinting
785 E 4200 S, Salt Lake City, UT 84107
(801) 792-2310
RHA Community Services
119 S Pacific Drive American Fork, UT 84003
(801) 763-9299
YUP Fingerprinting / Your Unique Prints Fingerprinting LLC
1240 E 100 S bldg 23 Suite 202j, St. George, UT 84790
(435) 359-6668
InfoLinics
1160 S State St Suite 160, Orem, UT 84097
(801) 900-9300
The UPS Store
32 W 200 S, Salt Lake City, UT 84101

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:
  • Go to the top line of this page and select "Online Services"
  • Select Licensing (Lookup, Renew, or get forms)
  • Select New License Application from the top header
  • On the next page, scroll to down to "8003" Industrial Hemp-Retail
  • Click the 8003 icon in the far left column 
  • Select the "Continue" icon on the next page located in the right column
  • Complete the next 2 steps/pages filling in applicable data
  • The final page, make payment
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 is a list of the approved products in Utah. This list is updated weekly if there are new entries in any of the categories.
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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 and Labels in PDF Format, along with the Receipt of Payment to hemp_udaf@utah.govFailure 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 AREapproved:
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 NOTapproved:
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.
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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.
Starting November 1st, 2020, USDA Interim Final Rule will be effective, which requires all hemp lots to be harvested within fifteen (15) days of sampling.
  • 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
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)
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

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.

Lists of Registered Industrial Hemp Growers, Processors, and Retailers can be found in the License Lookup database. Please click on Online Services in the top right hand corner of this screen. Select License Lookup, Renew, or Forms.
Scroll down to find and select the list you are looking for: 8001 (Grower) 8002 (Processor) and 8003 (Retailer)
To request contact information for licensed Growers, Processors, and Retailers, please fill out this GRAMA Request. Please keep in mind that GRAMA Requests will charge a fee depending on amount of information requested and will take several weeks to process. Please email this form to hemp_udaf@utah.gov.

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/