N.H. Admin. Code § He-C 402.19

Current through Register No. 45, November 7, 2024

Section He-C 402.19 - Packaging and Labeling Requirements

(a) The dispensing of cannabis or CIP shall be prohibited unless the cannabis is placed within a container and labeled in accordance with this section.

(b) All cannabis or CIP to be dispensed shall be packaged as follows:

(1) Cannabis or CIP shall be packaged in plain, opaque, tamper-proof, and child-resistant containers, except that the container shall not require to be child-resistant if the qualifying patient or designated caregiver has affirmed in writing that he or she would have difficulty opening a child-resistant container and that there are no young children living in his or her household;

(2) Cannabis or CIP shall be packaged in a manner that is not attractive to children;

(3) Depictions of the product, cartoons, or images other than the ATC's logo shall not be permitted on the packaging;

(4) The packaging of edible CIP shall not bear a reasonable resemblance to any commercially available product; and

(5) If the ATC has a second location for cultivation, packaging, including the application of a tamper-proof seal on the package, shall be completed at the cultivation location and not at the dispensing location.

(c) The ATC shall not use any product or strain name that:

(1) Is identical to, or confusingly similar to, the name of an existing non-cannabis product;

(2) Is identical to, or confusingly similar to, the name of an unlawful product or substance;

(3) Is obscene or indecent, such as names that are sexually suggestive, include curse words, or are ethnic, racist, or derogatory in nature;

(4) Might encourage the use of cannabis or CIP for recreational purposes

(5) Might encourage the use of cannabis or CIP for a condition other than a qualifying medical condition;

(6) Is customarily associated with persons under the age of 18; or

(7) Is related to the benefits, safety, or efficacy of the cannabis product unless supported by substantial evidence or substantial clinical data.

(d) All cannabis or CIP dispensed shall meet the following labeling requirements:

(1) The ATC shall place a legible, firmly affixed label on all cannabis or CIP dispensed, which contains, at a minimum, the following information:

a. The qualifying patient's registry identification number;

b. If the cannabis or CIP is being dispensed to a designated caregiver on behalf of a qualifying patient, in addition to a. above, the designated caregiver's registry identification number;

c. The qualifying patient's address;

d. The name, registration number, address, and phone number of the ATC;

e. The quantity, in ounces, of usable cannabis dispensed, which, for CIP, shall be as determined by He-C 402.13(i) ;

f. The date that the ATC dispensed the cannabis or CIP;

g. The batch number;

h. The strain of cannabis dispensed or, for CIP that has been produced with more than one strain, terminology that indicates that multiple strains have been used to create the CIP, such as "blend" or "hybrid";

i. The cannabinoid profile of the cannabis or CIP dispensed, as follows:

1. For flower, in percent by weight;

2. For CIP, in milligrams; and

3. If the cannabinoid profile testing indicates that the amount of a cannabinoid is undetectable, it shall not be required to be included on the label;

j. This statement, including capitalization: "This product has not been analyzed or approved by the FDA. It is not certified to be free of contaminants. There is limited information on the side effects of using this product, and there may be associated health risks. Do not drive or operate heavy machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN."; and

k. This statement: "This cannabis or CIP is for therapeutic use only. Diversion of this product is a class B felony and shall result in the revocation of one's registry identification card.";

(2) In addition to (1) above, the ATC shall place a legible, firmly affixed label on all CIP including the following information:

a. The type of the product;

b. A list of ingredients;

c. The net weight of the product;

d. A warning if nuts or other known allergens are contained in the product;

e. The date of product creation and the recommended "use by" or expiration date;

f. A statement that the CIP, if perishable, should be refrigerated;

g. Directions for use of the product if relevant;

h. Dosing information regarding the serving size of the product relative to the amount of THC or CBD in the product; and

i. The estimated time the CIP may take to go into effect;

(3) In addition to (1) and (2) above, for any CIP that contains an ethanol- or isopropanol-based cannabis concentrate with a residual solvent level that exceeds 500 parts per million per gram, the ATC shall add a warning to the label stating the amount of residual solvent, in parts per million per gram, contained in the product;

(4) Labeling text shall not include any false or misleading statements regarding health or physical benefits to the consumer; and

(5) Multiple labels on a container shall be allowed, however, labels shall be unobstructed and conspicuous in that no information required by these rules shall be obstructed.

N.H. Admin. Code § He-C 402.19

Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.