935 CMR, § 501.150

Current through Register 1536, December 6, 2024

Section 501.150 - Edibles

(1)Production of Edibles. Edibles shall be produced in compliance with the following:

(a) Any Edibles that is made to resemble a typical food or beverage product shall be packaged and labeled as required by M.G.L. c. 94G, § 4(a1/2)(xxiv) and (xxvi), and 935 CMR 501.105(5) and (6).

(b) The manufacture or sale of Edibles in the following shapes and types is prohibited:

1. The distinct shape of a human, animal, fruit, or sporting-equipment item; or

2. A shape that bears the likeness or contains characteristics of a realistic or fictional human, animal, fruit, or sporting-equipment item including artistic, caricature, or cartoon renderings.

(c) Edibles that are geometric shapes and simply fruit-flavored are not considered fruit and are permissible.

(2)Sanitary Requirements. All Edibles shall be prepared, handled, and stored in compliance with the requirements in 935 CMR 501.105(3) and (11).

(3)Additional Labeling and Packaging Requirements for Edibles.

(a) In addition to the requirements set forth in M.G.L. c. 94G, § 4(a½)(xxiv) and (xxvi), and 935 CMR 501.105(5) and (6), every MTC shall ensure that the following information or statement is Affixed to every container holding an Edible:

1. If the retail Edible MIP is perishable or time and temperature controlled, a statement that the Edible shall be refrigerated.

2. The date on which the Edible was produced.

3. A nutritional fact panel that shall be based on the number of THC servings within the container.

4. Information regarding the size of each serving for the product by milligrams, the total number of servings of Marijuana in the product, and the total amount of active THC in the product by milligrams (mg). For example: "The serving size of active THC in this product is X mg, this product contains Y servings of Marijuana, and the total amount of active THC in this product is (X*Y) mg."

5. A warning that the impairment effects of Edibles may be delayed by two hours or more.

(b) Once a label with a use-by date has been Affixed to a container holding an Edible, a Licensee may not alter that date or affix a new label with a later use-by date.

(c) Each single serving of an Edible within a multi-serving package of Edibles shall be easily separable in order to allow an average person 21 years of age or older to physically separate, with minimal effort, individual servings of the product.

(d) Each single serving of an Edible contained in a multi-serving package of Edibles shall be marked, stamped, or otherwise imprinted with the symbol or easily recognizable mark issued by the Commission that indicates the package contains Marijuana consistent with 935 CMR 501.105(5)(a)8. Alternatively, a Licensee may ensure that each single serving of an Edible is individually wrapped and shall mark, stamp, or otherwise imprint each individual wrapper with the symbol or easily recognizable mark issued by the Commission that indicates the serving contains Marijuana consistent with 935 CMR 500.105(5)(a)8.

(e) Each single serving of an Edible contained in a packaged unit of multiple Edible may be marked, stamped, or otherwise imprinted with a symbol or easily recognizable mark issued by the Commission that indicates the package contains Marijuana.