CDPHE UPDATE (OR HIP HIP FRIKIN HOORAY FOR US?!)
On Aug. 24, 2016 we received the following from our lawyer, David Bush regarding Flora's application to the Colorado Health Dept. for a Wholesale Food Manufacturing License (which was originally denied back in April 2016):
From the Flora Farmer FB Post on on Aug. 24:
First the Good News: We got approval from CDPHE for our wholesale food manufacturing license!
Now the Bad... "Federal regulations currently prohibit the use of CBD in food. While your registration was processed in accordance with section 25-5-426(4)(a), C.R.S., your registration does not represent or convey approval by this department of products that may contain prohibited ingredients."
Division of Environmental
Health & Sustainability
Department of Public Health & Environment
August 23, 2016
Christine F. Bedrosian
DBA: Flora's Bake Shop LLC
PO Box 147142
Edgewater, CO 80214
Your request to register Flora's Bake Shop LLC with the Colorado Department of Public Health and Environment (department) as a Manufactured Food or Storage Facility has been received and your registration has been processed.
During discussions with you, David B. Bush, Esq., and department staff on August 5, 2016, you indicated your operation would be engaged in the production of baked goods that include industrial hemp and cannabidiol (CBD) as ingredients. Industrial hemp seed and oil derived from seed are approved food ingredients; however, federal regulations currently prohibit the use of CBD in food. While your registration was processed in accordance with section 25-5-426(4)(a), C.R.S., your registration does not represent or convey approval by this department of products that may contain prohibited ingredients.
Additional, the production and/or transport of products across state lines that are not in conformance with federal laws subjects you to potential compliance initiatives including enforcement actions from the US Food and Drug Administration.
Division of Environmental Health and Sustainability
cc: Jon Strauss
Laura Van Wagenen-Birdsill
To get to this point we had to hire a lawyer and so far, it's actually cost us over $700 in fees. So with the application fee, we just paid more that one thousand bucks to get a license that should have only cost $300. The application was filed April. It's now September... April, May, June, July, August - So basically we had to wait over five months and pay out over one thousand dollars to NOT bake and now we have "approval" to NOT bake some more - oh hip hip frikin hooray for us!
I am also wondering, who in the world is going to be implementing this new doctrine? No transporting? Are they gonna check my PO Box? Is CDPHE gonna come over and make sure we are NOT using "prohibited ingredients"? It's their letter, so does that makes it their specific problem to address? Do they have staff to implement this kind of postal inspections? WTF does this really mean?
I don't know if anyone else understands exactly how F'ed up this is.... Giving someone a license to produce something and in the SAME document prohibiting them from actually doing so, WITH AN APPROVED AGRICULTURAL PRODUCT... is - let's see - what's a good word for that... oh yeah, it's "INSANE!!!"
MJ, Maryjane, Kush, Kaya, Cannabis - There are a million words for love - why can't we all accept the FACT that we NEED cannabis to live? Why can't we see past the blinders of fear and hype and to the real healing powers of this plant? Why can't I put some hemp into a cookie? Why? Why? Why?
Ridiculousness! (Hey FDA - go look up the endocannabinoid system and bless the gods and angels that made this plant that helps heal our broken world!)
I believe, truly believe that we NEED to have hemp in our food - micro doses daily to keep your system in tune (kinda like engine oil - it keeps your systems running smooth!)
If you'd like to support hemp in food, like our Hemp In Food Facebook Page here: https://www.facebook.com/HempInFood/
And call Flora's Mercantile today, stop by and pick up a Cottage Baked cookie and thumb your nose at the law that says we can't!