Utah Admin. Code 68-28-14

Current through Bulletin 2024-08, April 15, 2024
Section R68-28-14 - Labeling and Packaging of Cannabis and Cannabis Product
(1) Cannabis product labeling shall contain the following information:
(a) the medicinal dosage form identified on the product face along with the words "THC or Cannabis Infused":
(i) "gummies" may be used instead of "gelatinous cube";
(ii) "tincture" may be used instead of "sublingual preparation" or "liquid suspension"; and
(iii) a descriptive product name is allowed if the text is smaller than the dosage form and is no appealing to children;
(b) the name and license number of the cannabis processing facility;
(c) directions for consumers to contact the department with product complaints by going to medicalcannabis.utah.gov/production;
(d) for products containing THC, a warning symbol provided by the department; and
(e) the amount of total THC contained in the package, in milligrams.
(2) Before January 1, 2024, cannabis product labeling shall contain the following warning: "WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider."
(3) Starting on January 1, 2024, cannabis product labeling shall contain the following warning: "WARNING: Cannabis has intoxicating effects, may be addictive, and may increase risk of mental illness. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider."
(4) Starting on May 3, 2023, raw cannabis or a cannabis product sold in a vaporizer cartridge shall include a warning label that states:
(a) "WARNING: Vaping of cannabis-derived products has been associated with lung injury."; and
(b) "WARNING: Inhalation of cannabis smoke has been associated with lung injury."
(5) A cannabis processing facility may include a QR code on the cannabis product labeling that links to a COA from a licensed independent cannabis testing laboratory. The QR code may not link to any other information.
(6) Any information appearing on the cannabis product labeling shall be:
(a) displayed in any legible font, that is not a script or decorative font, provided that the lowercase letter "o" is at least one-sixteenth inch in height;
(b) displayed in a color that contrasts conspicuously with its background; and
(c) displayed in English, although a licensee may also choose to display required information in additional languages.
(7) A cannabis processing facility shall place a cannabis fact panel on a cannabis product before the sale of the cannabis product to a medical cannabis pharmacy.
(8) The cannabis fact panel shall be printed in black and white.
(9) The cannabis fact panel shall be securely affixed to the package.
(10) The cannabis fact panel for cannabis plant product shall include the following information, from top to bottom, in the order as listed:
(a) the name of the cannabis cultivation facility;
(b) the lot number;
(c) the date of harvest;
(d) the date of final testing;
(e) the batch number;
(f) the date on which the product was packaged;
(g) the quantity of any cannabinoid listed as present on the COA that is greater than 1% of total cannabinoids;
(h) the expiration date; and
(i) the net weight displayed in grams.
(11) THC potency levels for cannabis flower shall be listed as total THC in milligrams per gram.
(12) The cannabis fact panel for cannabis derivative product shall include the following information, from top to bottom, in the order listed:
(a) the batch number;
(b) the date of the final testing;
(c) the date on which the product was packaged;
(d) for products intended to be ingested, the amount of total THC and any advertised cannabinoid in milligrams per serving;
(e) the quantity of any cannabinoid listed as present on the COA that is greater than 1% of total cannabinoids;
(f) the expiration date;
(g) the total amount of THC measured in milligrams per gram;
(h) a list of each ingredient and each major food allergen as identified in 21 U.S.C. 343;
(i) the identity of any artificially derived cannabinoid present in the product;
(j) the net weight of the product displayed in grams or milliliters and number of pieces, if applicable; and
(k) a disclosure of the type of extraction process used and any solvent, gas, or other chemical used in the extraction process.
(13) The label of a cannabis derivative product may include a flavor name if it is not candy-like or a name the facility knows or should know appeals to children.
(14) The label of a cannabis product that contains an artificially derived cannabinoid shall clearly display the following text: "This product contains artificially derived cannabinoids."
(15) Any terpene listed on a cannabis product package shall be verified as present by a licensed independent cannabis testing laboratory and have its quantity listed on the fact panel.
(16) A cannabis processing facility may include a logo and product brand name on the cannabis product face that is exempt from the requirements of Subsection R68-28-13(3) and that:
(a) does not exceed 20% of the product face;
(b) does not obscure the information required on the label; and
(c) does not include:
(i) unprofessional terms, slang, phrasing, or verbiage associated with the recreational use of cannabis;
(ii) any image bearing resemblance to a cartoon character or fictional character whose target audience is children or minors;
(iii) content, symbol, or imagery that the cannabis processing facility knows or should know appeals to children;
(iv) imagery featuring a person using the product in any way;
(v) any recreationally oriented subject; or
(vi) any statement, design, or representation, picture, or illustration that is obscene or indecent.
(17) No other information, illustration, or depiction with the exception of directions for use shall appear on the labeling.
(18) Shapes on cannabis product packaging or labeling shall not resemble the product or real-world items.
(19) After January 1, 2023, cannabis product packaging, logos, and brand names shall be pre-approved by the department.

Utah Admin. Code R68-28-14

Adopted by Utah State Bulletin Number 2019-16, effective 7/22/2019
Amended by Utah State Bulletin Number 2020-16, effective 8/10/2020
Amended by Utah State Bulletin Number 2021-16, effective 8/9/2021
Amended by Utah State Bulletin Number 2022-05, effective 2/23/2022
Amended by Utah State Bulletin Number 2022-21, effective 10/24/2022
Amended by Utah State Bulletin Number 2023-13, effective 6/22/2023
Amended by Utah State Bulletin Number 2023-23, effective 10/30/2023