N.Y. Comp. Codes R. & Regs. tit. 9 § 114.9

Current through Register Vol. 46, No. 36, September 4, 2024

Section 114.9 - Packaging and labeling of cannabinoid hemp products

(a) All cannabinoid hemp products distributed or offered for retail sale in New York State shall include the following information on the product label or packaging:

(1) if the cannabinoid hemp product is an orally consumed product, comply with the requirements in Title 21 Code of Federal Regulations Part 101 and include a nutritional or supplement fact panel that is based on the number of servings within the container;

(2) a list of all ingredients in descending order of predominance by weight in the product;

(3) except for flower products, topical products, and concentrated cannabinoid hemp products intended for inhalation or vaporization, the number of servings perpackage or container, including the milligrams per serving of:

(i) CBD;

(ii) "Total THC" or "THC" which for the purposes of product labeling may be rounded and shall include detectable levels of total [DELTA] 9-Tetrahydrocannabinol, [DELTA] 8-Tetrahydrocannabinol and [DELTA] 10-Tetrahydrocannabinol; and

(iii) any other marketed cannabinoid;

(4) an expiration or best by date if applicable;

(5) a lot or batch number;

(6) the name of the cannabinoid hemp processor or out of state manufacturer, packer or distributor;

(7) a scannable bar code or QR code linked to a downloadable certificate of analysis, or linked to a website where the certificate of analysis can be downloaded;

(8) the state(s) or if outside of the United States of America, country of origin from which hemp used in the product was sourced;

(9) a means for reporting serious adverse events or side effects; and

(10) any other marking, statement or symbol as required by the office.

(b) No cannabinoid hemp products offered for retail sale shall be made attractive to individuals under twenty-one (21) years of age, imitate a candy label, or use cartoons or other images popularly used to advertise to children or otherwise be marketed to individuals under twenty-one (21) years of age, or for concentrated cannabinoid hemp products intended for inhalation or vaporization and flower products, to anyone under twenty-one (21) years of age.

(c) All cannabinoid hemp products shall be packaged in tamper-evident packaging that minimizes oxygen and light exposure to prevent degradation of the product and cannabinoids.

(d) All cannabinoid hemp products shall be accompanied by the following:

(1) recommended size of a serving except for flower products, topical products, and concentrated cannabinoid hemp product intended for inhalation or vaporization; and

(2) clear usage instructions.

(e) All cannabinoid hemp products claiming to be "craft", "isolate," "full spectrum," "broad spectrum," or "distillate" shall comply with the applicable definition contained in this Part.

(f) All cannabinoid hemp products offered for retail sale shall include the following warnings on the product label or packaging, in a manner that is clear and conspicuous that:

(1) must be kept out of the reach of children and pets;

(2) this product is derived from hemp and may contain THC which could result in a failed drug test. Provided however, this warning may be omitted for cannabinoid hemp products that are: topically applied; made exclusively using an "isolate;" or made from "broad spectrum" hemp extract;

(3) this product has not been evaluated by the Food and Drug Administration for safety or efficacy;

(4) if you are pregnant or nursing you should consult your healthcare provider before use;

(5) for cannabinoid hemp products intended to be inhaled or vaporized, a warning stating that smoking or vaping is hazardous to your health; and

(6) any other warning required by the office.

(g) All information required to be listed on cannabinoid hemp product labeling or packaging in accordance with this section shall be displayed:

(1) in the English language; and

(2) in text no smaller than 4.5-point font.

(h) No cannabinoid hemp product packaging shall display any content, or be labeled in any manner that:

(1) is attractive to individuals under twenty-one;

(2) includes any false or misleading statements, images, or other content including, but not limited to, any health claims;

(3) includes the term "organic" unless describing the product's ingredients and in compliance with section 128.6 of Part 128 of this Title;

(4) includes the term "gluten-free" unless the product meets the term as defined in Title 21, as it relates to Food and Drugs, of the Codes of Federal Regulations section 101.91;

(5) includes the term "vegan" unless the product contains no animal products;

(6) includes the term "kosher" unless the product is packaged and labeled in compliance with section 128.6 of Part 128 of this Title;

(7) causes a reasonable consumer confusion as to whether the cannabinoid hemp product is trademarked, marked or labeled in a manner that violates any federal trademark law or regulation;

(8) causes a reasonable consumer to believe that a cannabinoid hemp product is cannabis, or medical cannabis, or that a licensee is authorized to sell or dispense cannabis, or medical cannabis, as those terms are defined in article 1 of the Cannabis Law;

(9) depicts cannabis products or paraphernalia;

(10) promotes overconsumption; or

(11) violates any other prohibitions as set out by the office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 114.9

Adopted New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register October 5, 2022/Volume XLIV, Issue 40, eff. 10/5/2022

Amended New York State Register December 13, 2023/Volume XLV, Issue 50, eff. 12/13/2023