Or. Admin. Code § 845-026-7000

Current through Register Vol. 63, No. 11, November 1, 2024

Section 845-026-7000 - Industrial Hemp-derived Vapor Item Labeling - Definitions

For the purposes of OAR 845-026-7000 to 845-026-7070, unless otherwise specified:

(1) "Activation time" means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling an industrial hemp-derived vapor item.

(2) "Attractive to minors" means packaging, receptacles, inhalant delivery devices, labeling, and marketing that features:

(3) "Batch" means a specific quantity of an industrial hemp-derived vapor item that is intended to have uniform character and quality, within specified limits, and is produced according to a single manufacturing order during the same cycle of manufacture.

(a) Cartoons;

(b) A design, brand, or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;

(c) Symbols or celebrities that are commonly used to market products to minors;

(d) Images of minors; and

(e) Words that refer to products that are commonly associated with minors or marketed by minors.

(4) "Cartoon" means any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria:

(a) The use of comically exaggerated features;

(b) The attribution of human characteristics to animals, plants, or other objects, or the similar use of anthropomorphic technique; or

(c) The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds, or transformation.

(5) "CBD" means total cannabidiol as calculated pursuant to OAR 333-064-0100.

(6) "Consumer" means a person who purchases, acquires, owns, holds, or uses industrial hemp-derived vapor items other than for the purpose of resale.

(7) "Container"

(a) Means a sealed, hard or soft-bodied receptacle in which an industrial hemp-derived vapor item is placed and any outer receptacle intended to display an industrial hemp-derived vapor item for ultimate sale to a consumer.

(b) Does not mean:

(A) Inner wrapping or lining;

(B) An exit package; or

(C) A shipping container used to transfer industrial hemp-derived vapor items in bulk from one hemp vapor item manufacturer to another.

(8) "Generic label"

(a) Means a label that does not have any graphics, pictures, or logos, other than symbols required by these rules and has:

(A) Only the information required by rule;

(B) Additional test information not required by rule; or

(C) Additional information described in OAR 845-026-7060(8)(c).

(b) Does not mean a label for an industrial hemp-derived vapor item that contains a non-cannabis additive.

(9) "Health claim" means any claim made on the label that expressly states or implies a relationship between a substance and a disease or health-related condition.

(10) "Hemp symbol" means the image, established by the Commission and made available to a hemp vapor item manufacturer, indicating the item is an industrial hemp-derived vapor item.

(11) "Label" means any display of written, printed, or graphic matter printed on or affixed to any container, wrapper, liner, or insert accompanying the industrial hemp-derived vapor item.

(12) "Lot" means:

(a) A batch, or a specific identified portion of a batch, having uniform character and quality within specified limits.

(b) As applied to an industrial hemp-derived vapor item produced by continuous process, a specific identified amount produced in a unit of time or quantity in a manner that assures it has uniform character and quality within specified limits.

(13) "Lot number" or "batch number" means any distinctive combination of letters, numbers, or symbols, or any combination of them, from which the complete history of the manufacture, processing, packing, holding, and distribution of a batch or lot of industrial hemp-derived vapor item can be determined.

(14) "Net quantity of contents" means a statement on the principal display panel of the net weight or net volume of the product expressed in the terms of weight, measure, or numerical count.

(15) "Net volume" means the fluid measure of a liquid product expressed as milliliters and fluid ounces.

(16) "Net weight" means the gross weight minus the tare weight of the packaging expressed as ounces and grams or milligrams.

(17) "Place of address" means the name, mailing address, city, state, and zip code of the hemp vapor item manufacturer who made the industrial hemp-derived vapor item.

(18) "Principal display panel" means the part of a label on a package or container that is most likely to be displayed, presented, shown, or seen under customary conditions of display for sale or transfer.

(19) "Product identity" means a truthful or common name of the product that is contained in the package.

(20) "Retailer" means a person or business that sells industrial hemp-derived vapor items to consumers.

(21) "Serving" or "serving size" means an amount of product that is suggested for use by a consumer trying the item for the first time.

(22) "THC" means total delta-9-tetrahydrocannabinol as calculated pursuant to OAR 333-064-0100.

(23) "These rules" means OAR 845-026-7000 to 845-026-7070.

(24) "Ultimate sale" means the final sale from a retail location to a consumer.

Or. Admin. Code § 845-026-7000

OLCC 21-2021, adopt filed 12/30/2021, effective 1/1/2022; OLCC 16-2022, minor correction filed 02/25/2022, effective 2/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023; OLCC 7-2023, amend filed 11/17/2023, effective 1/2/2024

Statutory/Other Authority: ORS 475C.604 & 475C.608

Statutes/Other Implemented: ORS 475C.604 & 475C.608