Businesses Selling Hemp Extracts Must Now be in Compliance with Virginia’s Food and Drug Law

Virginia businesses that sell hemp extracts intended for human consumption and/or other edible products which contain hemp extracts will now be categorized as retail food establishments and are required to obtain a retail food establishment permit from the Virginia Department of Agriculture and Consumer Services (VDACs) demonstrating compliance with the Virginia Food Law. Compliance includes an onsite inspection from a VDACS inspector. Until recently, retailers that only sold prepackaged food products made with hemp extracts were exempt from this requirement and from complying with the Food Law.  Businesses that currently sell hemp extracts and/or products containing hemp extracts should apply for a retail food establishment license as soon as possible. Businesses that do not obtain a retail food establishment will be prohibited from continuing to sell hemp-derived products. 

Additionally, the new VDACS regulations define delta-8 THC as a “synthetically derived cannabinoid” and effectively prohibit the sale of delta-8 products. Businesses that are currently selling delta-8 products should consider what to do with their prohibited inventory.  VDACS is expected to begin enforcing this new ban on delta-8 THC products after October 1, 2022. 

In order to ensure your hemp business is in compliance with evolving regulations, you should work with experienced industry counsel. Kinner & McGowan specializes in cannabis and hemp law, and works with Virginia retailers, cultivators and processors. Contact our firm for a free consultation (kinnermcgowan.com)

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