Section 11-850-143 - Labeling for retail sale(a) Each package of cannabis or manufactured cannabis product shall be labeled using only black lettering on a white background with no pictures or graphics.(b) Except as provided in subsection (f), every package of cannabis or manufactured cannabis product shall be labeled with the following information displayed prominently and conspicuously, but in no case may the letters or numbers be less than one-sixteenth inch in height: (2) Information about the contents and potency of the cannabis and manufactured cannabis product, including but not limited to:(A) Net weight in ounces and grams for solids or volume for liquids;(B) The concentration in milligrams per gram for solids and milligrams per milliliter for liquids of: (i) Total tetrahydrocannabinol;(ii) Delta-9-tetrahydrocannabinolic acid;(iii) Delta-9-tetrahydrocannabinol;(iv) Delta-8-tetrahydrocannabinol;(vi) Any other cannabinoid specifically listed or described in the label or packaging of the cannabis or manufactured cannabis product, including but not limited to cannabigerol (CBG) and cannabinol (CBN).(3) An ingredient statement that meets the requirements of section 11-850-144;(4) The dispensary licensee's license number and the name of the production center where cannabis in the product was produced;(5) The batch number and date of packaging;(6) A computer tracking inventory identification number barcode generated by tracking software;(7) Date of harvest for cannabis or date of manufacture for manufactured cannabis products;(8) Instructions for use and "use by date";(9) The phrases "For medical use only" and "Not for resale or transfer to another person";(10) The following warnings: (A) "This product may be unlawful outside of the State of Hawaii and is unlawful to possess or use under federal law";(B) "This product has intoxicating effects and may be habit forming";(C) "Smoking is hazardous to your health";(D) "There may be health risks associated with consumption of this product";(E) "This product is not recommended for use by women who are pregnant or breast feeding";(F) "Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of cannabis;(G) "When eaten or swallowed, the effects of cannabis may be delayed by two or more hours"; and(H) "Keep out of the reach of children.".(11) The name of the laboratory that performed the analysis.(c) Except as provided in subsection (f), every package of manufactured cannabis product shall be labeled with the following information displayed prominently and conspicuously, but in no case may the letters or numbers be less than one-sixteenth inch in height: (1) The equivalent physical weight of the cannabis used to manufacture the amount of the product that is within the packaging, pursuant to section 329D-9(c), HRS;(2) A disclosure of the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce the manufactured cannabis product; and(3) The warning "This product is a medication that contains cannabis and is not a food".(d) Except as provided in subsection (f), every edible cannabis product shall be labeled with the following information displayed prominently and conspicuously, but in no case may the letters or numbers be less than one-sixteenth inch in height: (1) The net quantity (in terms of weight, measure, or numerical count) of each serving;(2) The content (in milligrams) per serving of:(A) Total tetrahydrocannabinol;(B) Delta-9-tetrahydrocannabinolic acid;(C) Delta-9-tetrahydrocannabinol;(D) Delta-8-tetrahydrocannabinol;(E) Cannabidiol (CBD); and(F) Any other cannabinoid specifically listed or described in the label or packaging of the cannabis or manufactured cannabis product, including but not limited to cannabigerol (CBG) and cannabinol (CBN); and(3) A statement of the major food allergens the product contains or has protein derived from, to include: (D) Crustacean shellfish;(H) Soybeans. Highly refined oils derived from any of the eight major food allergens and any ingredient derived from such highly refined oils are exempt from this requirement.
(e) Except as provided in subsection (f), ointments, skin lotions, and transdermal patches shall be labeled with the following information displayed prominently and conspicuously, but in no case may the letters or numbers be less than one-sixteenth inch in height: the statement "For external use only.".(f) Allowed exceptions. (1) In lieu of being included on the product label, the information in paragraphs (b) (10) (A) to (G), (b) (11), (c) (2), and (c) (3) may be included on labeling attached to or inserted into the package using a type size no smaller than one-sixteenth inch in height.(2) Upon request by a dispensary licensee, the department may authorize certain additional information in subsections (b) to (e) to appear on the package insert based on a finding by the department that the size of the package does not reasonably accommodate all of the information in subsections (b) to (e).(g) A dispensary licensee shall not label as organic any cannabis or manufactured cannabis product unless permitted by the United States Department of Agriculture in accordance with the Organic Foods Production Act.(h) A dispensary shall not use the words "candy" and "candies" on product packaging or labeling.(i) Product packaging or labeling shall not make health or benefit claims that are unsubstantiated, false, or misleading in any particular.(j) Cannabinoid content and potency labeling required in subsections (b) (2) and (d) (2) shall reflect the amount indicated on the certificate of analysis required in section 11-850-135, except that packages shall not be labeled with an amount greater than the dosage limits in section 11-850-76(f) or 11-850-142 (a) (5).Haw. Code R. § 11-850-143
[Eff 12/14/15; §11-850-92(pt); am, ren § 11-850-143, and comp 2/24/2022] (Auth: HRS §§ 321-9, 329D-7, 329D-9, 329D-11, 329D-27) (Imp: HRS §§ 329D-7, 329D-9, 329D-11, 329D-17, 329D-18; SLH 2017, Act 170, §3)