Current through Register Vol. 46, No. 39, September 25, 2024
(a) All cannabinoid hemp products distributed
or offered for retail sale in New York State shall include the following
information on the product label or packaging:
(1) if the cannabinoid hemp product is an
orally consumed product, comply with the requirements in Title 21 Code of
Federal Regulations Part 101 and include a nutritional or supplement fact panel
that is based on the number of servings within the container;
(2) a list of all ingredients in descending
order of predominance by weight in the product;
(3) except for flower products, topical
products, and concentrated cannabinoid hemp products intended for inhalation or
vaporization, the number of servings perpackage or container, including the
milligrams per serving of:
(i) CBD;
(ii) "Total THC" or "THC" which for the
purposes of product labeling may be rounded and shall include detectable levels
of total [DELTA] 9-Tetrahydrocannabinol, [DELTA] 8-Tetrahydrocannabinol and
[DELTA] 10-Tetrahydrocannabinol; and
(iii) any other marketed
cannabinoid;
(4) an
expiration or best by date if applicable;
(5) a lot or batch number;
(6) the name of the cannabinoid hemp
processor or out of state manufacturer, packer or distributor;
(7) a scannable bar code or QR code linked to
a downloadable certificate of analysis, or linked to a website where the
certificate of analysis can be downloaded;
(8) the state(s) or if outside of the United
States of America, country of origin from which hemp used in the product was
sourced;
(9) a means for reporting
serious adverse events or side effects; and
(10) any other marking, statement or symbol
as required by the office.
(b) No cannabinoid hemp products offered for
retail sale shall be made attractive to individuals under twenty-one (21) years
of age, imitate a candy label, or use cartoons or other images popularly used
to advertise to children or otherwise be marketed to individuals under
twenty-one (21) years of age, or for concentrated cannabinoid hemp products
intended for inhalation or vaporization and flower products, to anyone under
twenty-one (21) years of age.
(c)
All cannabinoid hemp products shall be packaged in tamper-evident packaging
that minimizes oxygen and light exposure to prevent degradation of the product
and cannabinoids.
(d) All
cannabinoid hemp products shall be accompanied by the following:
(1) recommended size of a serving except for
flower products, topical products, and concentrated cannabinoid hemp product
intended for inhalation or vaporization; and
(2) clear usage instructions.
(e) All cannabinoid hemp products
claiming to be "craft", "isolate," "full spectrum," "broad spectrum," or
"distillate" shall comply with the applicable definition contained in this
Part.
(f) All cannabinoid hemp
products offered for retail sale shall include the following warnings on the
product label or packaging, in a manner that is clear and conspicuous that:
(1) must be kept out of the reach of children
and pets;
(2) this product is
derived from hemp and may contain THC which could result in a failed drug test.
Provided however, this warning may be omitted for cannabinoid hemp products
that are: topically applied; made exclusively using an "isolate;" or made from
"broad spectrum" hemp extract;
(3)
this product has not been evaluated by the Food and Drug Administration for
safety or efficacy;
(4) if you are
pregnant or nursing you should consult your healthcare provider before
use;
(5) for cannabinoid hemp
products intended to be inhaled or vaporized, a warning stating that smoking or
vaping is hazardous to your health; and
(6) any other warning required by the
office.
(g) All
information required to be listed on cannabinoid hemp product labeling or
packaging in accordance with this section shall be displayed:
(1) in the English language; and
(2) in text no smaller than 4.5-point
font.
(h) No cannabinoid
hemp product packaging shall display any content, or be labeled in any manner
that:
(1) is attractive to individuals under
twenty-one;
(2) includes any false
or misleading statements, images, or other content including, but not limited
to, any health claims;
(3) includes
the term "organic" unless describing the product's ingredients and in
compliance with section
128.6 of Part 128 of this
Title;
(4) includes the term
"gluten-free" unless the product meets the term as defined in Title 21, as it
relates to Food and Drugs, of the Codes of Federal Regulations section
101.91;
(5) includes the term
"vegan" unless the product contains no animal products;
(6) includes the term "kosher" unless the
product is packaged and labeled in compliance with section
128.6 of Part 128 of this
Title;
(7) causes a reasonable
consumer confusion as to whether the cannabinoid hemp product is trademarked,
marked or labeled in a manner that violates any federal trademark law or
regulation;
(8) causes a reasonable
consumer to believe that a cannabinoid hemp product is cannabis, or medical
cannabis, or that a licensee is authorized to sell or dispense cannabis, or
medical cannabis, as those terms are defined in article 1 of the Cannabis
Law;
(9) depicts cannabis products
or paraphernalia;
(10) promotes
overconsumption; or
(11) violates
any other prohibitions as set out by the office.
