N.J. Admin. Code § 17:30-16.3

Current through Register Vol. 56, No. 7, April 1, 2024

Section 17:30-16.3 - Cannabis item labeling requirements

(a) A cannabis cultivator or cannabis manufacturer, as applicable, shall ensure that each package of unusable or usable cannabis or cannabis product contains all information set forth in this section, whether printed directly on the package, or affixed with a compliant label before transfer to another cannabis business.

(b) Direct printing on the package of, or labels affixed to, unusable cannabis packaged for the purposes of manufacturing of cannabis items shall include the following consumer safety and product information:

1. The name, address, license number, telephone number of the cannabis cultivator, and cannabis manufacturer that produced the cannabis item, as applicable;

2. Net weight and quantity of the unusable cannabis or cannabis items contained in the package;

3. Production or harvest date;

4. Expiration date, consistent with the requirements at N.J.A.C. 17:30-11.8;

5. A sequential serial number, batch or lot number, and bar code to identify the batch or lot associated with cultivation or manufacturing;

6. A list of any other inactive or excipient ingredients besides unusable or usable cannabis or cannabis concentrate used to manufacture a cannabis product or contained within the package;

7. A list of all potential allergens contained within the cannabis product;

8. Whether the cannabis item requires refrigeration;

9. For a finished cannabis item, serving size and the total number of servings contained and the cannabinoid and terpene profile, in milligrams and as a percentage, of the cannabis item and of a single serving size.

i. For example: "The serving size of active THC in this product is X mg. This product contains X servings of cannabis, and the total amount of active THC in this product is X mg."

ii. The cannabinoid profile shall reflect for the consumer the total THC, total CBD, and total CBG in the finished cannabis item:

(1) Total THC = (THCA 0.877) + delta-9-THC; and

(2) Total CBD = (CBDA 0.877) + CBD;

iii. The cannabinoid profile may reflect for the consumer the total CBG, total CBN, total CBC, total THCV, total CBDV, or other total cannabinoids in the finished cannabis item:

(1) Total CBG = (CBGA 0.878) + CBG;

(2) Total CBC = (CBCA 0.877) + CBC;

(3) Total THCV = (THCVA 0.867) + THCV; and

(4) Total CBDV = (CBDVA 0.867) + CBDV;

10. The strain/cultivar name, listed by scientific terms, if available, and generic or "slang" names;

11. For unusable or usable cannabis, the chemotype, growth method, an indication whether the cannabis was grown using all-organic materials, and a list of any allowable pesticides, fungicides, and herbicides used in cultivation pursuant to N.J.A.C. 17:30-10.9.

i. Chemotypes shall be displayed as:

(1) "High THC, Low CBD," where the THC to CBD ratio is greater than 5:1 and the total THC percentage is 15 percent or greater;

(2) "Moderate THC, Moderate CBD," where the THC to CBD ratio is between 5:1 and 1:5 and the total THC percentage is between five percent and 15 percent;

(3) "Low THC, High CBD," where the THC to CBD ratio is less than 1:5 and the total THC percentage is less than or equal to five percent; or

(4) Where unusable or usable cannabis does not conform to one of the three chemotypes, it shall be listed as the closest chemotype determined by mathematical analysis of the ratio of THC to CBD.

ii. Growth methods include, but are not limited to:

(1) Indoor;

(2) Outdoor;

(3) Soil-grown;

(4) Hydroponic; or

(5) Aquaponic;

12. A summary of the written report detailing the results of the testing laboratory testing, including, but not limited to:

i. Potency of all major cannabinoids detected and listed in the written report; and

ii. A list of major terpenoids detected and listed in the written report;

13. Directions for inhalable, ingestible, or topical administration, as appliable;

14. Requirements for proper storage ; and

15. Optionally, a unique URL or QR code for each batch/lot that links to the complete written report.

(c) Labels affixed to cannabis items shall contain the following consumer warnings, as applicable, in no less than six-point font, unless otherwise noted:

1. For all finished cannabis items:

i. "This product contains cannabis";

ii. "This product is intended for use by adults 21 years of age or older and not for resale. Keep out of the reach of children";

iii. "There may be health risks associated with the consumption of this product, including for women who are pregnant, breastfeeding, or planning on becoming pregnant";

iv. "Do not drive a motor vehicle or operate heavy machinery while using this product"; and

v. The nationwide toll-free telephone number used to access poison control centers that is maintained in accordance with 42 U.S.C. § 300d-71;

2. For any cannabis item that contains a total THC percentage greater than 40 percent:

i. "This is a high potency product and may increase your risk for psychosis" printed in no less than 10-point font.

3. For ingestible products:

i. "The intoxicating effects of this product may be delayed by two or more hours" printed in no less than 10-point font.

4. For an electronic smoking device: "This device has not been evaluated or approved by the Food and Drug Administration."; and

5. A label containing any statements about the product other than those specified in this chapter shall contain the following statement prominently displayed, and in boldface type: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."

(d) The cannabis business shall submit the label and any required form to the Commission for recordkeeping.

1. The Commission shall provide a copy of the label to authorized employees of State agencies or local law enforcement agencies, as necessary for these agencies to perform their official duties.

N.J. Admin. Code § 17:30-16.3

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Recodified to 17:30-19.3 by 55 N.J.R. 402(a), effective 3/6/2023