OSDH "encourages" CBD and medical marijuana sellers to obtain food licenses
It is a requirement under the existing Oklahoma state law to have a food license for business who sell food products. But the Oklahoma State Department of Health (OSDH) is "encouraging" current businesses manufacturing or selling food products infused with or containing CBD and/or medical marijuana to obtain their food licenses by April 26.
Based on current definition in state statute and recent reports by consumers, many of these new, available CBD and medical marijuana products being purchased are recognized as food. Examples of commonly available products which are considered food under Oklahoma law include, but are not limited to: Flavored tinctures or oils placed in the mouth or in other food, assorted types of baked goods, candies or chewing gum, infused honey, infused bottled water and other pre-packaged food products.
According to OSHD, existing licensing requirements are established to ensure proper processing and manufacturing practices are followed and that safe and sanitary practices are used in the production, preparation, and handling of food products. If businesses are not manufacturing or selling food products, a food license is not required.
“These are fast-growing markets in Oklahoma and these items are relatively new product lines for consumers,” said Interim Commissioner of Health Tom Bates. “We want to help these businesses protect the health and safety of the public. For a limited time, we will focus our efforts on helping businesses get licensed before any enforcement action is pursued. Completing the food licensing process as soon as possible will help business owners avoid a potential backlog of plan review and licensing applications as we get closer to the April 26 deadline.”
More fees for businesses selling these products: The initial startup cost will include a $425 plan review application fee and a $425 initial food license fee. Thereafter, food licenses are renewed annually at $335. Businesses may contact their local county health department for assistance with licensing.
For additional information regarding the food licensure process and requirements, visit www.food.health.ok.gov or email the OSDH Consumer Health Service at CHSLicensing@health.ok.gov. Businesses should also contact their local municipality to ensure they are in compliance with all city ordinances.
The Gayly. 2/19/2019 @3:09 p.m. CST.