Navigating the new Colorado Hemp Regulations, so you don’t have to.

FAQs

Colorado Hemp Regulations
“Cultivated hemp from a state that has an approved United States Department of Agriculture hemp program.”

“A product from a wholesale food manufacturer, hemp product manufacturer or storage facility registered with the department in accordance with Section 25-5-426 or 427, C.R.S; or “”A product from a wholesale food manufacturer, hemp product manufacturer or storage facility registered with the department in accordance with Section 25-5-426 or 427, C.R.S; or”” A substance that is Generally Recognized As Safe (GRAS); Hemp products or ingredients from a state that inspects or regulates hemp products under a food safety program or equivalent criteria to hemp products under a food safety program or equivalent criteria to ensure safety for human consumption”

A substance that is Generally Recognized As Safe (GRAS);

Hemp products or ingredients from a state that inspects or regulates hemp products under a food safety program or equivalent criteria to hemp products under a food safety program or equivalent criteria to ensure safety for human consumption
“Safe harbor hemp manufacturer or storage facility or safe harbor hemp facility means a facility that manufactures for distribution, produces for distribution, packages for distribution, processes for distribution, prepares for distribution, treats for distribution, transports for distribution, or holds for distribution a safe harbor hemp product.”
Safe Harbor Hemp facilities are registered by CDPHE, but are NOT considered approved sources in Colorado. See Hot Links for additional details
“This is not a legal requirement, however safe harbor hemp product manufacturers or storage facilities must demonstrate compliance with the federal current good manufacturing practices for food or dietary supplements before registering or within 12 months after the previous registration by submitting to the department:”
Safe Harbor Evidence must obtain an annual inspection from a state department-approved third-party auditor by July 1, 2024, and by July 1 of each year thereafter
“Full spectrum means a hemp product that contains all phytochemicals naturally found in the plant, trace cannabinoids, terpenes, and essential oils, with no more than 1.75 milligrams of THC per serving and contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one. See Hot Links to Table 2 of 21 CFR 101.12.”
Broad spectrum means hemp products that contain multiple cannabinoids and 26 no more than 0.05 milligrams per gram of total THC and no more than 6.0 27 milligrams of total THC per container.

“All ingredients shall be clearly identified to allow for appropriate traceability. Identification includes:

  • Name of ingredient;
  • Identifying batch or lot number from original package;
  • Date the ingredient was manufactured;
  • Date the ingredient was received at the facility; and
  • Expiration, re-test, or use-by date.”
  • Acetic acid. Acetone
  • Anisole 1-Butanol
  • 2-Butanol Butyl acetate
  • Carbon dioxide tert-Butylmethyl ether
  • Dimethyl sulfoxide Ethanol
  • Ethyl acetate Ethyl ether
  • Ethyl formate Formic acid
  • Heptane Isobutyl acetate
  • Isopropyl acetate Methanol
  • 3-Methyl-1-butanol Methylene chloride
  • Methyl acetate 2-Methyl-1-propanol
  • Methylethyl ketone Pentane
  • 1-Pentanol Propane
  • 1-Propanol 2-Propanol (isopropyl alcohol)
  • Propyl acetate Triethylamine”
“All information appearing on the principal display panel or the information panel must appear prominently and conspicuously, but in no case may the letters and numbers be less than one-sixteenth inch (1/16”) in height unless the regulated hemp facility product meet the exemption pursuant to section 24.7(10).”
“For hemp products, the serving and number of servings per product package in accordance with Table 2, 21 CFR 101.12. See Hot Links below”
“For hemp products, the serving and number of servings per product package in accordance with Table 2, 21 CFR 101.12. See Hot Links below”
“The expected document retention period is 2 years at the plant or Facility after the date they were prepared for products identified as foods, food additives and cosmetics; and For one year past the shelf life date, if shelf life dating is used, or two years beyond the date of distribution of the last batch of dietary supplements”
  • Certificates of analysis of ingredients;
  • Source of ingredients;
  • Batch production records including;
  • Any records required based on department approval for co-ocation and use of equipment for hemp and safe harbor products in accordance with Section 24.8 of this rule. Certificate of analysis of finished products;
  • Recalled product information; and Adverse health event reporting, including to the extent known after reasonable diligence to ascertain the information, the name and 18 contact information of the complainant, the date the complaint was 19 received, the nature of the complaint, the production batch or lot 20 number, any other identifying information found on the label of the 21 regulated hemp facility product, corrective steps taken, and recall 22 activities completed;

Regulated hemp facilities shall establish a written recall plan in accordance with 21 CFR 117.139, Recall Plan, that includes procedures that describe the steps to be taken, and assign responsibility for taking those steps, to perform the following actions as appropriate to the facility:

  • Directly notify the direct consignees of the hemp product or safe harbor hemp product being recalled, including how to return or dispose of the affected product;
  • Notify the public about any hazard presented by the product when appropriate to protect public health;
  • Conduct effectiveness checks to verify that the recall is carried out; and Appropriately dispose of recalled product (e.g., through reprocessing or reworking as appropriate, or diverting to a use that does not present a safety concern, or destroying the product).
“Physical separation, as defined in Section 24.4(20) of this rule, is required for a safe harbor hemp manufacturer or storage facility and a hemp product manufacturer or storage facility.”
  • A comprehensive list of products being manufactured, including a list of cannabinoids in the products;
  • Equipment used in production; Production methodologies; Procedures and chemicals used in cleaning equipment;
  • Test results of equipment and products for residual cannabinoids;
  • Environmental swab protocol to include frequency, location, contaminant or organism of concern, results and response to positive results;
  • Packaging materials and distribution methods;
  • Record keeping; and Quality assurance program, including change management.
Packaging shall be food – grade or GRAS. Labeling for Safe Harbor.

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