N.M. Code R. § 16.8.3.9

Current through Register Vol. 35, No. 8, April 23, 2024

Section 16.8.3.9 - CANNABIS FINISHED PRODUCT LABELING

A. Unless otherwise provided, cannabis finished products shall meet the minimum labeling requirements of this section.

B. The label shall be printed on or affixed to the container and printed on or affixed to any outer package or container that is used to display the edible or topical cannabis finished product for retail sale.

C. Font size used on a label shall be no smaller than 1/16 of an inch by measuring the height of a lower-case letter "o".

D. Labels shall identify the intended use and directions for use. Products having more than one intended use shall identify every intended use on the label and shall comply with all labeling requirements for each intended use. If there is any conflict between the labeling requirements for multiple intended uses, the most restrictive labeling requirements shall be followed.

E. Labels shall be in English, though it can be in other languages.

F. Labels shall be unobstructed and conspicuous.

G. If the cannabis finished product's target potency or potency value of the Total THC or CBD is less than one milligram per serving, the potency may be expressed as "<1 mg." If "<1 mg" was used to display the Total THC or CBD per serving, then a corresponding statement regarding the Total THC or CBD content for the entire container shall be included on the container. For example, if there are five servings in the container, "<5 mg" should be displayed for the Total THC or CBD statement that was represented as "<1 mg" per serving.

H. The potency statement stated on an edible or topical cannabis finished product label shall not deviate by more than fifteen percent of what is stated on the label.

I. A label shall not:

(1) contain any untruthful or misleading statements including, but not limited to, health or benefit claims, and

(2) contain advertising or marketing; and

(3) contain words that refer to products that are commonly associated with minors or marketed by minors; including use of the word(s) "candy" or "candies" on the label of any container, unless the words identify the strain of cannabis in the cannabis finished product.

J. Cannabis finished product labels shall have a principal display panel.

K. The principal display panel shall include:

(1) the product identity or common name in bold type, in a size reasonably related to the most prominent printed matter on the principal display panel and shall be parallel to the base on which the package rests as it is designed and displayed.

(2) Net quantity, net weight, or volume in U.S. customary and metric units of contents displayed in bold type in the bottom thirty percent of the principal display panel in lines generally parallel with the base of the container; and shall be in terms of fluid measure if the item is liquid, or in terms of weight if the item is solid, semi-solid, or viscous.

(3) Potency, as confirmed by a cannabis testing laboratory, in bold font and including:

(a) for edible products, Total THC and CBD in milligrams per serving;

(b) percent of Total THC per container; and

(c) if detected, percent of CBD per container.

(4) A logo designed and provided by the division that notifies a reasonable person that the product contains cannabis that is no smaller than 1/2 inch by 1/2 inch.

(5) A logo designed and provided by the division that demonstrates a cannabis product is produced or manufactured by an integrated cannabis microbusinesses or cannabis producer microbusinesses or owned by representatives of communities that have been disproportionately harmed by rates of arrest through the enforcement of cannabis prohibitions in law and policy and underserved communities that include tribal, acequia, land grant-merced and other rural historic communities;

(6) for an edible or topical cannabis finished product that is perishable or meets the definition of a time/temperature control for safety food, the label shall bear a statement that the product must be refrigerated; and

(7) the following warning statement in bold font "For use only by adults 21 and older. Keep out of reach of children. Do not drive a motor vehicle or operate machinery while under the influence of cannabis.

BE CAUTIOUS. Cannabinoid edibles can take up to two hours or more to take effect."

L. Except as provided in Subsections M and N of this section, cannabis finished product labels shall have an information panel or static quick response (QR) code that links the consumer to the required information that contains the following without intervening material:

(1) cannabis manufacturer business or trade name;

(2) unless the business or trade name placed on the package is the actual manufacturer, it must be accompanied by a qualifying phrase which states the firm's relation to the product (e.g., "manufactured for" or "distributed by");

(3) cannabis manufacturer license number;

(4) pesticide used in the product by the cannabis producer;

(5) date product was manufactured;

(6) ingredient list:

(a) using the common or usual name;

(b) sub-ingredients, as follows: any ingredient containing two or more sub-ingredients shall parenthetically list the component ingredients in descending order of predominance after the multi-component ingredient;

(c) identifying the cannabis extract/concentrate and each isolated cannabinoid as an ingredient; and

(d) in descending order of predominance by weight or volume.

(7) if utilized, pharmacologically active ingredients;

(8) a "contains" statement identifying allergens at the end of or immediately adjacent to the ingredient list; or listing the allergen in parenthesis within the ingredient list after the common or usual name of the ingredient derived from that major food allergen;

(9) nutritional information meeting the requirements of 21 CFR 101.9;

(10) the following statement: "This product is not approved by the FDA to treat, cure, or prevent any disease. FDA has not evaluated this product for safety, effectiveness, and quality. There may be long term adverse health effects from consumption of cannabis, including additional risks for women who are or may become pregnant or are breastfeeding."

(11) the New Mexico poison and drug information center phone number;

(12) the product expiration date. Persons shall not alter that expiration date or affix a new label with a later expiration date;

(13) the state track and trace system number or identifier associated with the product; and

(14) a list of any solvent(s), processing aids, and chemicals used to manufacture cannabis product, cannabis concentrate or extract, or isolated cannabinoid identified.

M. When, because of its container size, an edible cannabis finished product label does not have sufficient space for a label meeting the requirements of Subsections K-L of this section, labels shall, at a minimum, contain:

(1) a principal display panel containing the net weight or volume, product identity, and logos designed and provided by the division;

(2) cannabis manufacturer business or trade name;

(3) cannabis manufacturer license;

(4) potency, as specified in Paragraph (3) of Subsection K of this section;

(5) the warning statements, as specified in Paragraph (7) of Subsection K of this section;

(6) the state track and trace system number or identifier associated with the product; and

(7) all other required labeling as specified in Subsections K-L of this section through the use of a static quick response (QR) code that links the consumer to the required information or a peel-back or accordion label that can be easily identified by a consumer as containing important information.

N. When the surface area being labeled is less than two inches squared and does not have sufficient space for a label meeting the requirements of Subsections K-L of this section, labels shall, at a minimum, contain:

(1) a principal display panel containing the product identity and logo designed and provided by the division that notifies a reasonable person that the product contains cannabis that is no smaller than 1/2 inch by 1/2 inch;

(2) cannabis manufacturer business or trade name;

(3) cannabis manufacturer license number;

(4) potency, as specified in Paragraph (3) of Subsection K of this section;

(5) the warning statement "For use only by adults 21 and older. Keep out of reach of children."

(6) the state track and trace system number or identifier associated with the product; and

(7) all other required labeling as specified in Subsections K-L of this through the use of a static quick response (QR) code that links the consumer to the required information or use a peel-back or accordion label that can be easily identified by a consumer as containing important information.

N.M. Code R. § 16.8.3.9

Adopted by New Mexico Register, Volume XXXII, Issue 01, January 11, 2022, eff. 4/1/2022