Current through Register Vol. 35, No. 18, September 24, 2024
A. Unless otherwise provided, cannabis
finished products shall meet the minimum labeling requirements of this
section.
B. The label shall be
printed on or affixed to the container and printed on or affixed to any outer
package or container that is used to display the edible or topical cannabis
finished product for retail sale.
C. Font size used on a label shall be no
smaller than 1/16 of an inch by measuring the height of a lower-case letter
"o".
D. Labels shall identify the
intended use and directions for use. Products having more than one intended use
shall identify every intended use on the label and shall comply with all
labeling requirements for each intended use. If there is any conflict between
the labeling requirements for multiple intended uses, the most restrictive
labeling requirements shall be followed.
E. Labels shall be in English, though it can
be in other languages.
F. Labels
shall be unobstructed and conspicuous.
G. If the cannabis finished product's target
potency or potency value of the Total THC or CBD is less than one milligram per
serving, the potency may be expressed as "<1 mg." If "<1 mg" was used to
display the Total THC or CBD per serving, then a corresponding statement
regarding the Total THC or CBD content for the entire container shall be
included on the container. For example, if there are five servings in the
container, "<5 mg" should be displayed for the Total THC or CBD statement
that was represented as "<1 mg" per serving.
H. The potency statement stated on an edible
or topical cannabis finished product label shall not deviate by more than
fifteen percent of what is stated on the label.
I. A label shall not:
(1) contain any untruthful or misleading
statements including, but not limited to, health or benefit claims,
and
(2) contain advertising or
marketing; and
(3) contain words
that refer to products that are commonly associated with minors or marketed by
minors; including use of the word(s) "candy" or "candies" on the label of any
container, unless the words identify the strain of cannabis in the cannabis
finished product.
J.
Cannabis finished product labels shall have a principal display
panel.
K. The principal display
panel shall include:
(1) the product identity
or common name in bold type, in a size reasonably related to the most prominent
printed matter on the principal display panel and shall be parallel to the base
on which the package rests as it is designed and displayed.
(2) Net quantity, net weight, or volume in
U.S. customary and metric units of contents displayed in bold type in the
bottom thirty percent of the principal display panel in lines generally
parallel with the base of the container; and shall be in terms of fluid measure
if the item is liquid, or in terms of weight if the item is solid, semi-solid,
or viscous.
(3) Potency, as
confirmed by a cannabis testing laboratory, in bold font and including:
(a) for edible products, Total THC and CBD in
milligrams per serving;
(b) percent
of Total THC per container; and
(c)
if detected, percent of CBD per container.
(4) A logo designed and provided by the
division that notifies a reasonable person that the product contains cannabis
that is no smaller than 1/2 inch by 1/2 inch.
(5) A logo designed and provided by the
division that demonstrates a cannabis product is produced or manufactured by an
integrated cannabis microbusinesses or cannabis producer microbusinesses or
owned by representatives of communities that have been disproportionately
harmed by rates of arrest through the enforcement of cannabis prohibitions in
law and policy and underserved communities that include tribal, acequia, land
grant-merced and other rural historic communities;
(6) for an edible or topical cannabis
finished product that is perishable or meets the definition of a
time/temperature control for safety food, the label shall bear a statement that
the product must be refrigerated; and
(7) the following warning statement in bold
font "For use only by adults 21 and older. Keep out of reach of children. Do
not drive a motor vehicle or operate machinery while under the influence of
cannabis.
BE CAUTIOUS. Cannabinoid edibles can take up to two hours or
more to take effect."
L. Except as provided in Subsections M and N
of this section, cannabis finished product labels shall have an information
panel or static quick response (QR) code that links the consumer to the
required information that contains the following without intervening material:
(1) cannabis manufacturer business or trade
name;
(2) unless the business or
trade name placed on the package is the actual manufacturer, it must be
accompanied by a qualifying phrase which states the firm's relation to the
product (e.g., "manufactured for" or "distributed by");
(3) cannabis manufacturer license
number;
(4) pesticide used in the
product by the cannabis producer;
(5) date product was manufactured;
(6) ingredient list:
(a) using the common or usual name;
(b) sub-ingredients, as follows: any
ingredient containing two or more sub-ingredients shall parenthetically list
the component ingredients in descending order of predominance after the
multi-component ingredient;
(c)
identifying the cannabis extract/concentrate and each isolated cannabinoid as
an ingredient; and
(d) in
descending order of predominance by weight or volume.
(7) if utilized, pharmacologically active
ingredients;
(8) a "contains"
statement identifying allergens at the end of or immediately adjacent to the
ingredient list; or listing the allergen in parenthesis within the ingredient
list after the common or usual name of the ingredient derived from that major
food allergen;
(9) nutritional
information meeting the requirements of
21 CFR
101.9;
(10) the following statement: "This product
is not approved by the FDA to treat, cure, or prevent any disease. FDA has not
evaluated this product for safety, effectiveness, and quality. There may be
long term adverse health effects from consumption of cannabis, including
additional risks for women who are or may become pregnant or are
breastfeeding."
(11) the New Mexico
poison and drug information center phone number;
(12) the product expiration date. Persons
shall not alter that expiration date or affix a new label with a later
expiration date;
(13) the state
track and trace system number or identifier associated with the product;
and
(14) a list of any solvent(s),
processing aids, and chemicals used to manufacture cannabis product, cannabis
concentrate or extract, or isolated cannabinoid identified.
M. When, because of its container
size, an edible cannabis finished product label does not have sufficient space
for a label meeting the requirements of Subsections K-L of this section, labels
shall, at a minimum, contain:
(1) a principal
display panel containing the net weight or volume, product identity, and logos
designed and provided by the division;
(2) cannabis manufacturer business or trade
name;
(3) cannabis manufacturer
license;
(4) potency, as specified
in Paragraph (3) of Subsection K of this section;
(5) the warning statements, as specified in
Paragraph (7) of Subsection K of this section;
(6) the state track and trace system number
or identifier associated with the product; and
(7) all other required labeling as specified
in Subsections K-L of this section through the use of a static quick response
(QR) code that links the consumer to the required information or a peel-back or
accordion label that can be easily identified by a consumer as containing
important information.
N.
When the surface area being labeled is less than two inches squared and does
not have sufficient space for a label meeting the requirements of Subsections
K-L of this section, labels shall, at a minimum, contain:
(1) a principal display panel containing the
product identity and logo designed and provided by the division that notifies a
reasonable person that the product contains cannabis that is no smaller than
1/2 inch by 1/2 inch;
(2) cannabis
manufacturer business or trade name;
(3) cannabis manufacturer license
number;
(4) potency, as specified
in Paragraph (3) of Subsection K of this section;
(5) the warning statement "For use only by
adults 21 and older. Keep out of reach of children."
(6) the state track and trace system number
or identifier associated with the product; and
(7) all other required labeling as specified
in Subsections K-L of this through the use of a static quick response (QR) code
that links the consumer to the required information or use a peel-back or
accordion label that can be easily identified by a consumer as containing
important information.
