Iowa Admin. Code r. 641-156.6

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 641-156.6 - Prohibitions

(1) A consumable hemp establishment cannot manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products:

a. On the premises of a private residence, except a portion of a private residence that is distinctly separate from any living space, that is dedicated to the production or sale of food, and that meets all applicable state and local regulations;

b. On the premises of a temporary location, including but not limited to a food stand, roadside stand, temporary booth, or any other temporary structure;

c. Door to door;

d. Through vending machines; or

e. At private parties.

(2) A consumable hemp product may be sold at a stand at a farmers market, provided:

a. The farmers market is listed on the Iowa department of agriculture and land stewardship's farmers market directory;

b. The individual selling the consumable hemp product maintains a valid consumable hemp retailer registration at any location where consumable hemp is stored;

c. The consumable hemp establishment registration is posted in plain sight at the farmers market stand; and

d. All consumable hemp products sold are listed and maintained up to date with the department.

(3) A consumable hemp product label and any associated marketing materials shall not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies unless the claim has been approved by the federal Food and Drug Administration.

(4) A consumable hemp retailer cannot manufacture, process, package, repackage, relabel, mix, blend, or otherwise manipulate a consumable hemp product. This subrule does not apply to a food service establishment that utilizes a consumable hemp product from an approved hemp source as a food ingredient intended for immediate consumption by the consumer, provided that the food service establishment discloses all label information mandated by rule 641-156.4(204) to the consumer through the menu, menu board, placard, table tent, or other effective means.

(5) A consumable hemp product that does not conform to this chapter is considered adulterated or misbranded and cannot enter commerce.

(6) A consumable hemp retailer or manufacturer shall not sell or distribute consumable hemp products to person under 21 years of age, subject to verification. Proof of age may be established by a valid driver's license, identification card issued by Iowa or another state, or other form of government-issued identification and must include the photograph and date of birth of the person.

Iowa Admin. Code r. 641-156.6

Adopted by IAB August 7, 2024/Volume XLVII, Number 4, effective 7/17/2024