§ 204.3 — State plan — implementing rules

Iowa § 204.3

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 204: HEMP AND HEMP PRODUCTS

Text

204.4 Hemp license — requirements. Repealed by 2024 Acts, ch 1177, §44, 55.
204.5 Hemp fees. Repealed by 2024 Acts, ch 1177, §44, 55.
204.6 Hemp fund. Repealed by 2024 Acts, ch 1177, §44, 55.
204.7 Regulations — exemption for certain criminal offenses.
1. Except as provided in subsection 6, a consumable hemp product shall not be
manufactured, sold, or consumed in this state unless all of the following conditions are met:
a. The consumable hemp product is manufactured in this state in compliance with this
chapter.
b. The hemp contained in the consumable hemp product was produced exclusively in this
state in compliance with this chapter.
c. The consumable hemp product complies with packaging and labeling requirements,
which shall be established by rules adopted by the department of health and human services.

Each container storing a consumable hemp product shall be affixed with a notice advising
consumers regarding the risks associated with its use. The department of health and human
servicesshalladoptrulesregardingthelanguageofthenoticeanditsdisplayonthecontainer.
d. The consumable hemp product complies with restrictions upon the sale or other
distribution of a consumable hemp product established by rules adopted by the department
of health and human services.
2. a. A person is engaged in the retail sale of a consumable hemp product, if any of the
following apply:
(1) Thepersonofferstodistributeaconsumablehempproducttoaconsumerinexchange
for consideration.
(2) The person is an owner of a business that distributes consumable hemp products to
consumers in exchange for consideration.
(3) The person is a business that distributes consumable hemp products to consumers in
exchange for consideration and presents a consumable hemp product to a consumer in the
form of a gift.
b. A person, including a business, is engaged in the sale of a consumable hemp product
regardless of whether the person is registered with the department of health and human
services as provided in this section.
3. Apersonmanufacturingaconsumablehempproductinthisstateshallregisterwiththe
department of health and human services on a form prescribed by the department of health
and human services by rule. The department of health and human services may impose a
fee, established by the department of health and human services by rule, on a registrant
not to exceed the cost of processing the registration. The department of health and human
services shall adopt rules for the revocation of a registration issued to a manufacturer who
manufactures a consumable hemp product not in compliance with this chapter.
4. A person selling a consumable hemp product in this state shall register with the
department of health and human services on a form prescribed by the department of health
and human services by rule and shall keep on the premises of the person’s business a copy
of the certificate of analysis issued pursuant to section 204.8 for the hemp contained in
the consumable hemp products sold by the person. The department of health and human
services may impose a fee, established by the department of health and human services by
rule, on a registrant not to exceed the cost of processing the registration. The department of
health and human services shall adopt rules for the revocation of a registration issued to a
person who sells a consumable hemp product not in compliance with this section.
5. Exceptasotherwiseprovidedinthissection, apoliticalsubdivisionofthestateshallnot
adopt any ordinance, rule, or regulation regarding the manufacture, sale, or consumption of
a consumable hemp product.
6. A consumable hemp product manufactured in another jurisdiction pursuant to a state
or tribal plan approved by the United States department of agriculture pursuant to the federal
hemp law may be imported for use by a consumer or sale by a retailer to a consumer if the
state has substantially similar testing requirements as those provided in section 204.8.
7. A consumable hemp product manufactured, sold, or consumed in compliance with
this section is not a controlled substance under chapter 124 or 453B regardless of whether
the consumable hemp product has been approved by the United States food and drug
administration.