McLean County health officials told the executive committee on Monday that the county will not continue enforcing short-term embargoes of hemp-derived THC beverages while state and federal regulatory roles remain unclear.

"We are still working to get a better answer of who actually has the regulatory authority over these products," said Jessica McKnight, director of environmental health (as identified in the meeting record). McKnight told the committee the county first encountered the products in September and issued embargo instructions to facilities, and that the county later paused active embargoes while coordinating with the Illinois Department of Public Health and other local health departments for a consistent statewide approach.

The issue has real financial consequences for businesses, the committee heard. Patrick Whitaker, owner of Shake It Up, said he was not notified clearly when products were removed and asked whether businesses would receive prior notice if embargoes resume. "Those are expensive," Whitaker said of the beverages and added that clarity is needed before the busy holiday sales period.

Committee members pressed health staff for specifics on how long inspectors enforced removals and how many businesses were affected. McKnight said the active enforcement occurred for about "two weeks" and estimated the number of businesses directly contacted was "under 10," acknowledging that the county cannot be certain of all outlets that may carry the products because some sellers are not permit holders.

Several members criticized how the department's initial actions were carried out. "I feel that that kind of customer service orientation from our environmental health and safety inspectors was completely lost in this process," said Member Klein, who said inspectors told some operators the directive came from the governor and in some instances threatened licensing action. Klein urged retraining and better written procedures to avoid inconsistent approaches across the county.

Other officials urged the health department to consider setting a short, public reevaluation window to provide businesses confidence. "Could we put a time limit on it — like we will not take any action for the next 60 days — so businesses aren't feeling like the health department could change its mind tomorrow?" asked Member Burn. McKnight said the Board of Health will discuss next steps at its upcoming meeting and that the department can consider setting a formal interim timeline and sending clear communications to all permit holders.

On legal scope, McKnight said the FDA has stated such hemp-derived THC products are not an approved food additive; however, local health departments typically do not regulate products unless they are prepared in regulated food establishments. McKnight described the current county stance as "education with options," meaning staff have focused on embargoes and guidance rather than ordering destruction of product, except in cases where perishability makes disposal the practical option.

The committee recommended that any interim policy be reviewed with county legal counsel before publication so it does not conflict with potential state or federal directives. McKnight said the department will continue to coordinate with the Illinois Department of Public Health and circulate clear, written guidance to permit holders when a definitive decision is reached.

The Board of Health is scheduled to consider the issue at its next meeting, and county staff said they will notify permit holders by email and letter as appropriate when the county adopts any interim timeline or changes its enforcement stance.