Butte County, Calif.-- Butte county businesses are now being told to stop offering CBD oil in their food.

Despite what you may have heard this goes for hemp-based oil and it has nothing to do with marijuana laws.

It was just a couple of weeks ago that Action News Now reported on the Chico-based company Fresh Twisted's launch of the new smoothie and juice addititive - CBD oil from the hemp plant.

Butte County Public Health saw the report and did some research; they're now telling Fresh Twisted and other businesses that they're forbidden from serving this oil as a food product until it gains FDA approval.

There is some inconsistency in the demand, however, because Hemp derivatives are sold in other markets and restaurants, and CBD is found in other restaurant menu ingredients, because it's also found in rosemary and mushrooms to name a few examples.

The county says the problem is simply that that product has not been FDA approved as a food item and these cafes and restaurants can't be the ones to serve up food containing it.

"We've worked to determine that CBD Oil in general is not an approved food additive or dietary supplement that we can add to food products, but it can be sold in commercially pre-packaged containers ... it is a new and emerging topic here in California, and as new information becomes available from the state we'll be providing that information to our food facilities," said Elaine McSpadden of Butte County Public Health.

The department says they worked with the State Department of Public Health and the FDA to come to this decision.

Now, businesses in Butte County could be facing hefty fines in they continue offering the oil in food.

But, don't be shocked or alarmed if you see hemp CBD for sale on a shelf - it's legal to sell as a retail item - just not a menu item.