Haw. Code R. § 11-850-143 - Labeling for retail sale
(a) Each package of
cannabis or manufactured cannabis product shall be labeled using only black
lettering on a white background with no pictures or graphics.
(b) Except as provided in subsection (f),
every package of cannabis or manufactured cannabis product shall be labeled
with the following information displayed prominently and conspicuously, but in
no case may the letters or numbers be less than one-sixteenth inch in height
based on the letter "O" or, if both upper and lower case letters are used, the
lower case "o":
(1) Product name;
(2) Information about the contents and
potency of the cannabis and manufactured cannabis product, including but not
limited to:
(A) Net weight in ounces and grams
for solids or volume for liquids;
(B) The concentration in milligrams per gram
for solids and milligrams per milliliter for liquids of:
(i) Total tetrahydrocannabinol;
(ii) Any other cannabinoid specifically
listed or described in the label or packaging of the cannabis or manufactured
cannabis product; and
(C)
The concentration in milligrams per gram for solids and milligrams per
milliliter for liquids of the following cannabinoids, unless the testing
required by section
11-850-135 returns a result of
non-detect:
(i)
Delta-9-tetrahydrocannabinolic acid;
(ii) Delta-9-tetrahydrocannabinol;
(iii) Delta-8-tetrahydrocannabinol;
and
(iv)
Cannabidiol;
(3) An ingredient statement that meets the
requirements of section
11-850-144;
(4) The dispensary licensee's license number
and the name of the production center where cannabis in the product was
produced;
(5) The batch number and
date of packaging;
(6) A computer
tracking inventory identification number barcode generated by tracking
software;
(7) Date of harvest for
cannabis or date of manufacture for manufactured cannabis products;
(8) Instructions for use and "use by
date";
(9) The phrases "For medical
use only" and "Not for resale or transfer to another person";
(10) The following warnings:
(A) "This product may be unlawful outside of
the State of Hawaii and is unlawful to possess or use under federal
law";
(B) "This product has
intoxicating effects and may be habit forming";
(C) "Smoking is hazardous to your
health";
(D) "There may be health
risks associated with consumption of this product";
(E) "This product is not recommended for use
by women who are pregnant or breast feeding";
(F) "Cannabis can impair concentration,
coordination, and judgment. Do not operate a vehicle or machinery under the
influence of cannabis;
(G) "When
eaten or swallowed, the effects of cannabis may be delayed by two or more
hours"; and
(H) "Keep out of the
reach of children.".
(11)
The name of the laboratory that performed the analysis.
(c) Except as provided in subsection (f),
every package of manufactured cannabis product shall be labeled with the
following information displayed prominently and conspicuously, but in no case
may the letters or numbers be less than one-sixteenth inch in height based on
the letter "O" or, if both upper and lower case letters are used, the lower
case "o":
(1) The equivalent physical weight
of the cannabis used to manufacture the amount of the product that is within
the packaging, pursuant to section
329D-9(c),
HRS;
(2) A disclosure of the type
of extraction method, including any solvents, gases, or other chemicals or
compounds used to produce the manufactured cannabis product; and
(3) The warning "This product is a medication
that contains cannabis and is not a food".
(d) Except as provided in subsection (f),
every edible cannabis product shall be labeled with the following information
displayed prominently and conspicuously, but in no case may the letters or
numbers be less than one-sixteenth inch in height based on the letter "O" or,
if both upper and lower case letters are used, the lower case "o":
(1) The net quantity (in terms of weight,
measure, or numerical count) of each serving;
(2) The content (in milligrams) per serving
of:
(A) Total tetrahydrocannabinol;
(B) Any other cannabinoid specifically listed
or described in the label or packaging of the cannabis or manufactured cannabis
product;
(3) The content
(in milligrams) per serving of the following cannabinoids, unless the testing
required by section
11-850-135 returns a result of
non-detect:
(A)
Delta-9-tetrahydrocannabinolic acid;
(B) Delta-9-tetrahydrocannabinol;
(C) Delta-8-tetrahydrocannabinol;
and
(D) Cannabidiol (CBD);
and
(4) A statement of
the major food allergens the product contains or has protein derived from, to
include:
(A) Milk;
(B) Egg;
(C) Fish;
(D) Crustacean shellfish;
(E) Tree nuts;
(F) Wheat;
(G) Peanuts; and
(H) Soybeans; and
(I) Sesame.
Highly refined oils derived from any of the nine major food allergens and any ingredient derived from such highly refined oils are exempt from this requirement.
(e) Except as provided in subsection (f),
ointments, skin lotions, and transdermal patches shall be labeled with the
following information displayed prominently and conspicuously, but in no case
may the letters or numbers be less than one-sixteenth inch in height based on
the letter "0" or, if both upper and lower case letters are used, the lower
case "o": the statement "For external use only.".
(f) Allowed exceptions.
(1) In lieu of being included on the product
label, the information in paragraphs (b)(10)(A) to (G), (b)(11), (c)(2), and
(c)(3) may be included on labeling attached to or inserted into the package
using a type size no smaller than one-sixteenth inch in height based on the
letter "O" or, if both upper and lower case letters are used, the lower case
"o".
(2) Upon request by a
dispensary licensee, the department may authorize certain additional
information in subsections (b) to (e) to appear on the package insert based on
a finding by the department that the size of the package does not reasonably
accommodate all of the information in subsections (b) to (e).
(g) A dispensary licensee shall not
label as organic any cannabis or manufactured cannabis product unless permitted
by the United States Department of Agriculture in accordance with the Organic
Foods Production Act.
(h) A
dispensary shall not use the words "candy" and "candies" on product packaging
or labeling.
(i) Product packaging
or labeling shall not make health or benefit claims that are unsubstantiated,
false, or misleading in any particular.
(j) Cannabinoid content and potency labeling
required in subsections (b)(2) and (d)(2) shall reflect the amount indicated on
the certificate of analysis required in section
11-850-135, except that packages
shall not be labeled with an amount greater than the dosage limits in section
11-850-76(f) or
11-850-142(a)(5).
Notes
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