Or. Admin. Code § 845-026-7040

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

Section 845-026-7040 - Industrial Hemp-derived Vapor Item Labeling Requirements

Prior to an industrial hemp-derived vapor item being sold or transferred to a consumer, the container holding industrial hemp-derived vapor item must have a label that has the following information:

(1) The hemp vapor item manufacturer's business, trade name, or personal name, and, if applicable, Oregon Department of Agriculture license number;

(2) Product identity that correctly identifies the item as either an industrial hemp concentrate or extract;

(3) Date the industrial hemp-derived vapor item was made;

(4) Net weight or volume in U.S. customary and metric units;

(5) Serving size and number of servings per container;

(6) Amount, in milligrams, of THC and CBD in each serving and in the container;

(7) Activation time, expressed in words or through a pictogram;

(8) Name of the laboratory that performed any test and any test analysis date;

(9) Hemp symbol;

(10) A statement that reads: "This product is not approved by the FDA to treat, cure, or prevent any disease";

(11) Warnings that state:

(a) "This product is derived from hemp and could contain THC. Keep out of reach of children."

(b) "DO NOT EAT" in bold, capital letters.

(12) For industrial hemp-derived vapor items that combine industrial hemp extract and concentrate:

(a) The product identity must indicate the item has industrial hemp extract and concentrate.

(b) List all ingredients in descending order of predominance by weight or volume.

(13) For industrial hemp-derived vapor items that contain non-cannabis additives:

(a) The product identity must clearly identify that the product contains non-cannabis additives and, in addition to the other requirements of OAR 845-026-7000 through 845-026-7070, must include the words "non-cannabis additive."

(b) In addition to the other ingredients in the industrial hemp-derived vapor item, for each non-cannabis additive used, the ingredient listing must contain the words "non-cannabis additive" in a manner that clearly distinguishes each additive from any other additives.

(c) All of the ingredients in the non-cannabis additive:

(A) Must be listed either alphabetically or in descending order of predominance by weight or volume; and

(B) Must be listed on:

(i) The label's ingredient list as sub-ingredients of the ingredient term "non-cannabis additive"; or

(ii) An insert within the product's container that clearly indicates that the ingredients listed are contained within the industrial hemp-derived vapor item that contain non-cannabis additives.

Or. Admin. Code § 845-026-7040

OLCC 21-2021, adopt filed 12/30/2021, effective 1/1/2022; OLCC 19-2022, minor correction filed 02/25/2022, effective 2/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023

Statutory/Other Authority: ORS 475C.604, 475C.233 & 475C.237

Statutes/Other Implemented: ORS 475C.604