• BUSINESS INFORMATION

  • Are you renewing your registration?*
  • Expiration Date*
     - -
  • Was your retail business at this location registered previously?*
  • Has your business ownership changed?*
  • Mailing address is same as business address*
  • Format: (000) 000-0000.
  • Names, Titles, Phone Numbers, and Email Addresses of Persons Comprising the Legal Ownership*

  • BUSINESS OPERATIONS

  • Do you sell (or plan to sell) edible hemp products?*
  • Do you sell (or plan to sell) inhalable hemp products?*

  • If you answered NO to both of the questions above, you cannot submit this application.

  • If you currently sell or plan to sell edible hemp products, you are required to either hold a valid food permit issued by VDACS or the Virginia Department of Health, or submit certification to VDACS confirming that you meet the criteria for exemption from the food permit requirement. Please answer the following questions related to this requirement:

  • Do you have a VDACS Food Safety Permit?*
  • Do you have a Virginia Department of Health Foodservice Establishment Permit*
  • Do you meet the criteria listed here to be exempt from a food permit?*

  • THE EXEMPTION IS LIMITED TO RETAIL BUSINESSES THAT MEET ALL OF THE FOLLOWING CRITERIA:

    • Compliant with Article5 of the Virginia Food and Drink Law
    • Sell only food or beverages that are sealed in packaging by the manufacturer and come from an approved source
    • Do not prepare or serve food
    • Do not offer beverage service (i.e. coffee pot, fountain drink machine)
    • Do not sell infant formula
    • Do not sell salvaged foods
    • Do not sell unwrapped produce
    • Do not sell store packagedice
    • Do not offer self-service of unwrapped foods (i.e. donutcases, bulk nuts, pickles)
    • Do not sell food or beverages, including edible hemp products, to other businesses for resale (wholesale)
    • Certify to the Virginia Department of Agriculture adn Consumer Services thatthey meet the foregoing criteria

  • If you meet the criteria to be exempt from a food permit and have not already submitted the Exemption from Inspection Form (found at vdacs.virginia.gov/food-hemp-product-enforcement.shtml), please complete the form and submit it.

  • Do you offer edible hemp products for sale?*

  • Edible Hemp Products Disclosure

  • Pursuant to section 3.2-5145.2:1, completion of this disclosure form is a requirement for offering edible hemp products for sale.

    Review the Requirements for Selling Edible Hemp Products listed below and acknowledge that you have reviewed the information and intend to comply with all requirements where indicated.

  • Code of Virginia Sections: 3.2-4112

    "Hemp product" means a product, including any raw materials from industrial hemp that are used for or added to a food or beverage, that (i) contains industrial hemp and has completed all stages of processing needed for the product and (ii) when offered for retail sale (a) contains a total tetrahydrocannabinol concentration of no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package.

    "Edible hemp product" means any hemp product that is or includes an industrial hemp extract and that is intended to be consumed orally.

    "Regulated hemp product" means a hemp product intended for smoking or an edible hemp product.

    "Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. For the purposes of this definition, "isomer" means the optical, position, and geometric isomers.

  • Code of Virginia Section: 3.2-5145.2:1

    No person shall offer for sale a regulated hemp product that contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent or contains more than two milligrams of total tetrahydrocannabinol per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol per package.

  • Code of Virginia Sections: 3.2-5145.3

    All products offered for sale must be from an approved source. A manufacturer of an industrial hemp extract or food containing an industrial hemp extract shall be an approved source if the manufacturer operates: 1) under inspection by the responsible food regulatory agency in the location in which such manufacturing occurs; and 2) in compliance with the laws, regulations, or criteria that pertain to the manufacturer of industrial hemp extracts or food containing an industrial hemp extract in the location in which such manufacturing occurs.

  • Code of Virginia Sections: 3.2-5100 3.2-5130

    A person who intends to offer for sale an edible hemp product must have a food establishment permit issued by the VDACS Food Safety Program. A person meeting all of the following requirements is exempt from this permit:

    • Does not prepare or serve food;
    • Sells only food or beverages that are sealed in packaging by a manufacturer that has been officially inspected in the manufacturing process by the regulatory agency responsible for food safety;
    • Does not sell infant formulas;
    • Does not sell salvaged foods; and
    • Certifies to the Department that they meet all of the requirements on the Exemption From Inspection form for Retailers of Edible Hemp Products (find the form HERE).

  • Code of Virginia Sections: 3.2-5145.4:1, 4.1-600, 59.1-200 (A)(71)

    An edible hemp product offered for sale must be contained in child resistant packaging if the product contains tetrahydrocannabinol. "Child-resistant" means, with respect to packaging or a container, (i) specially designed or constructed to be significantly difficult for a typical child under five years of age to open and not to be significantly difficult for a typical adult to open and reseal and (ii) for any product intended for more than a single use or that contains multiple servings, resealable.

  • Code of Virginia Sections: 3.2-5145.4:1, 59.1-200 (A)(70), 59.1-200 (A)(71)

    An edible hemp product offered for sale must be equipped with a label that has the following information:

    • All ingredients contained in the substance.
    • The amount of such substance that constitutes a single serving.
    • The total percentage and milligrams of all tetrahydrocannabinols included in the substance.
    • The total number of milligrams of all tetrahydrocannabinols that are contained in each serving.
    • If the substance contains tetrahydrocannabinol, that the product contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age.

  • Code of Virginia Sections: 3.2-5123

    All labeling required for a food is also required for food containing hemp extract. Additional labeling required for edible hemp products are found in the labeling regulation 21 CFR 101.

  • Code of Virginia Sections: 3.2-5145.4:1

    A manufacturer shall identify each batch of an industrial hemp extract or a food containing an industrial hemp extract with a unique code for traceability.

  • Code of Virginia Sections: 3.2-5145.4:1

    An industrial hemp extract or food containing an industrial hemp extract with a label that contains a claim indication the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease shall be considered misbranded.

  • Code of Virginia Sections: 59.1-200 (A)(73)

    No person shall offer for sale a regulated hemp product that, without authorization, is labeled with the trademark, trade name, or any likeness thereof, of another manufacturer or distributor.

  • Code of Virginia Sections: 3.2-5145.4:1 59.1-200 (A)(71)

    A regulated hemp product offered for sale must be accompanied by a certificate of analysis, produced by an independent laboratory that is ISO/IEC 17025 accredited, that states the total tetrahydrocannabinol concentration of the substance. The testing laboratory’s certificate of accreditation to standard ISO/IEC 17025 shall be available for review at the location at which the regulated hemp product is offered for sale or sold.

  • Code of Virginia Sections: 59.1-200 (A)(72)

    No person shall offer for sale or sell a regulated hemp product that depicts or is in the shape of a human, animal, vehicle, or fruit.

  • Code of Virginia Sections: 59.1-200 (A)(69)

    Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol is a prohibited act. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound.

  • Code of Virginia Sections: 59.1-200 (A)(70)

    Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol is a prohibited act.

  • Code of Virginia Sections: 3.2-5145.2, 2VAC5-595

    An industrial hemp extract is a food and is subject to the requirements of the Virginia Food and Drink Law and regulations adopted pursuant to Chapter 51 of the Code of Virginia. The regulations, 2VAC5-595, further define the requirements for the manufacturing and sale of edible hemp products, including some additional definitions (what the terms “extract” and “industrial hemp extract” mean within the Code), and the testing requirements for manufacturers, as well as additional information regarding labeling requirements.

  • Code of Virginia Sections: 3.2-5145.2:1, 59.1-203, 59.1-206

    Any person found to be operating out of compliance with the requirements described in this declaration may be subject to permit revocation, civil penalties of up to $10,000 for each day a violation occurs, and/or court issued injunctions, and/or criminal charges in accordance with the Administrative Process Act (§ 2.2-4000 et seq.)

  • I,   *   *, as a legally responsible person for the above-named business, have reviewed the requirements for selling Regulated Hemp Products to consumers and I intend to fully comply with all requirements applicable to my business in accordance with the Code of Virginia. Further, I will inform all persons involved in the business of these requirements and take responsibility for their actions with regard to the sale of Regulated Hemp Products. Business partners will be held jointly responsible for business operations.

  • NOTICES AND AFFIRMATIONS

    Place initials in all boxes

  • By indicating and signing below, the applicant acknowledges they have read and will comply with the following notices:

  • The Commissioner or designee (VDACS inspector) will be allowed to enter this location that the regulated hemp product is offered for sale and inspect the entire premises including, areas designated for storage, display, or restricted to employees to ensure compliance with the requirements of Code of Virginia, Chapter 41.1 (Article 4 § 3.2-4122 et seq.)

  • A regulated hemp product retail facility registration shall be required for each physical location that offers for sale or sells at retail regulated hemp products.

  • No person shall offer for sale or sell at retail (i) a regulated hemp product or (ii) a substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hempderived cannabinoid without a regulated hemp product retail facility registration.

  • VDACS may share information with law enforcement localities regarding the locations of Regulated Hemp Product Retail Facilities. The registrant shall bear the responsibility for ensuring compliance with all applicable laws and regulations of the Commonwealth of Virginia governing the sale of regulated hemp products.

  • All records, data, and information filed in support of a registration application will be considered public record and subject to the provisions of the Virginia Freedom of Information Act.

  • Any person found to be operating out of compliance with any of the requirements for regulated hemp products may be subject to registration denial, suspension, or revocation, and civil penalties of up to $10,000 for each day a violation occurs. Issuance of registration does not indicate that all products sold are safe or compliant with federal, state, and local laws.

  • Any person offering for sale a regulated hemp product shall also complete and submit an Edible Hemp Products Disclosure Form pursuant to section § 3.2-5145.2:1 available on the VDACS website.

  • A VDACS issued Regulated Hemp Product Retail Facility Registration issued pursuant to section § 3.2-4122 shall be valid for a period of one year from the date of issuance and may be renewed in successive years. Each annual renewal shall require the payment of the non-refundable annual registration fee.

  • I,       , as a legally responsible person for the above-named business, have reviewed the requirements for selling Regulated Hemp Products to consumers and I intend to fully comply with all requirements applicable to my business in accordance with the Code of Virginia. Further, I will inform all persons involved in the business of these requirements and take responsibility for their actions with regard to the sale of Regulated Hemp Products. Business partners will be held jointly responsible for business operations.

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  • Clicking the "Continue to Payment" button will submit your form to the Virginia Cannabis Control Authority and take you to the external credit card and ACH payment portal.

    Applications received without payment will not be processed.

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