1. (a) An industrial hemp final form food product intended for human consumption including food, food additives, beverages, and dietary supplements shall have the following:

   1. (1) Each serving in a package shall have no detectable amount of total THC, and
   2. (2) Each package shall have no more than five servings, and
   3. (3) The serving and package sizes shall be determined using the same federal standards as non-industrial hemp food products pursuant to Health and Safety Code section 111926, 110085, and 110095, unless specified in this subchapter or Part 5 of Division 104 of the Health and Safety Code.

2. (b) An independent testing laboratory shall calculate and establish the limit of detection (LOD) for chemical method analyses according to any of the following methods:

   1. (1) Signal-to-noise ratio of between 3:1 and 2:1;
   2. (2) Standard deviation of the response and the slope of calibration curve using a minimum of 7 spiked blank samples calculated as follows; LOD = (3.3 x standard deviation of the response) / slope of the calibration curve; or
   3. (3) A method published by the United States Food and Drug Administration (USFDA) or the United States Environmental Protection Agency (USEPA).
3. (c) A manufacturer of industrial hemp final form food product shall provide documentation that includes a certificate of analysis from an independent testing laboratory to confirm the amount of total THC in the final form food product does not exceed the total THC per serving size limits as set forth in this subchapter.
4. (d) A person shall not manufacture, warehouse, distribute, offer, advertise, market, or sell industrial hemp final form food products intended for human consumption including food, food additives, beverages, and dietary supplements that are above the limit of detection for total THC per serving.

Note: Authority cited: Sections 100275, 110065, 111922, 111925 and 131200, Health and Safety Code. Reference: Sections 110085, 110095, 110100, 110398, 111920, 111921, 111922, 111925, 111926, 111926.2, 131095 and 131100, Health and Safety Code.

History

1. New article 3 (section 23100) and section filed 9-23-2024 as an emergency; operative 9-23-2024 (Register 2024, No. 39). Pursuant to Health and Safety Code section 110065(b)(3), this action is a deemed emergency and effective for 180 days. A Certificate of Compliance must be transmitted to OAL by 3-24-2025 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-24-2025 as an emergency; operative 3-24-2025 (Register 2025, No. 13). Pursuant to Health and Safety Code section 110065(b)(3), this action is a deemed emergency and effective for 180 days. A Certificate of Compliance must be transmitted to OAL by 9-22-2025 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 3-24-2025 order, including amendment of Note, transmitted to OAL 9-8-2025 and filed 10-20-2025; amendments effective 10-20-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 43).