Or. Admin. Code § 845-026-7030 - Industrial Hemp-derived Vapor Item Labeling for Sale to Consumer
(1) A label
required by these rules must:
(a) Be printed
on or affixed to the container holding the industrial hemp-derived vapor item
and printed on or affixed to any outer package or container that is used to
display the industrial hemp-derived vapor item for sale or transfer to a
consumer;
(b) Comply with the
National Institute of Standards and Technology (NIST) Handbook 130 (2016),
Uniform Packaging and Labeling Regulation, incorporated by reference;
(c) Contain all required information in any
typed, legible font that is easy to read and contrasts sufficiently with the
background and is at least 1/16th of an inch in height based on the uppercase
"K";
(d) Be in English, though it
can also be in other languages; and
(e) Be unobstructed and
conspicuous.
(2) A label
may not:
(a) Contain any untruthful or
misleading statements including, but not limited to, a health claim that is not
supported by the totality of publicly available scientific evidence (including
evidence from well-designed studies conducted in a manner that is consistent
with generally recognized scientific procedures and principles), and for which
there is significant scientific agreement, among experts qualified by
scientific training and experience to evaluate such claims; or
(b) Be attractive to minors, as that is
defined in OAR 845-026-7000.
(3) Principal Display Panel.
(a) Every container that holds an industrial
hemp-derived vapor item for sale or transfer to a consumer must have a
principal display panel, as that term is defined in OAR
845-026-7000.
(b) If a container holding the industrial
hemp-derived vapor item is placed within another container for sale or transfer
to a consumer, both containers must have a principal display panel as that term
is defined in OAR 845-026-7000 in addition to the
other labeling requirements provided in these rules.
(c) The principal display panel must contain
the product identity, net quantity of contents, and hemp symbol.
(d) If the package or container is 1.75
inches or less in height and has a lid with a width of 2 inches or less, then
the principal display panel must be on the top of the lid.
(4) Product Identity
(a) The product identity be in bold type, in
a size reasonably related to the most prominent printed matter on the principal
display panel, and shall be parallel to the base on which the package rests as
it is designed and displayed.
(b)
The product identity must clearly identify that the item is derived from
hemp.
(c) The product identity for
industrial hemp extracts and concentrates must correctly identify whether the
product is an industrial hemp extract or a concentrate.
(5) Net Quantity Declaration
(a) The net quantity of contents provided on
the principal display panel must be the average net quantity of contents of all
of the packages in the batch.
(b)
The net quantity declaration shall be in terms of fluid measure if the item is
liquid, or in terms of weight if the item is solid, semi-solid, or
viscous.
(c) The net quantity
declaration shall be a distinct item separated from other printed label
information on all sides by at least a space equal to the height of the
lettering used in the declaration. The declaration shall be presented in bold
type in the bottom 30 percent of the principal display panel and in lines
generally parallel with the base of the container.
(6) Potency Labeling. The THC and CBD amounts
required to be on a label must be the value calculated by the laboratory that
did the testing in accordance with OAR
333-064-0100.
(a) The potency value shall be expressed as
an average of the samples taken and tested under OAR
333-007-0360.
(b) If the potency value for THC or CBD is
reported by the laboratory as less than the limit of quantification, the value
on the label must be listed as "
(7) Hemp symbol. The hemp symbol must be at
least 0.48 inches wide by 0.35 high and can be downloaded on the Commission's
website.
(8) An industrial
hemp-derived vapor item may have one or more label panels printed on or affixed
to the container or packaging.
(9)
Small Container Label. An industrial hemp-derived vapor item that is in a
container that because of its size does not have sufficient space for a label
that contains all the information required for compliance with these rules:
(a) May, in lieu of a label that has all the
information required in OAR
845-026-7030 to
845-026-7040, have a label
printed on or affixed to the container holding the industrial hemp-derived
vapor item that includes at least the following:
(A) A principal display panel containing the
net weight or volume, product identity, and hemp symbol;
(B) The hemp vapor item manufacturer
business, trade name, or personal name, and, if applicable, Oregon Department
of Agriculture license number;
(C)
Concentration or amount of THC and CBD in the container; and
(D) Required warnings. The following warning
is required on the label: "This product is derived from hemp and could contain
THC. Keep out of reach of children."
(b) Must include all required label
information on an outer container or other required label information not
listed in subsection (9)(a) of this rule on a hangtag attached to the
industrial hemp-derived vapor item.
(c) May use a peel-back or accordion label
with the information required in subsection (9)(b) of this rule on the inside
of the peel-back or accordion label, if the peel-back or accordion label can be
easily identified by consumer as containing important information.
(10) Tiny Container Label. An
industrial hemp-derived vapor item that is in a container that has a complete
surface area available for applying a label that is less than 2 inches squared:
(a) May have a label printed on or affixed to
the container that holds the industrial hemp-derived vapor item that includes
at least the following:
(A) A principal
display panel with the hemp symbol and product identity;
(B) Concentration or amount of THC and CBD in
the container;
(C) The hemp vapor
item manufacturer's business, trade name, or personal name, and, if applicable,
Oregon Department of Agriculture license number; and
(D) A warning that reads: "Keep out of reach
of children."
(b) Must
include all required label information on an outer container or other required
label information not listed in subsection (10)(a) of this rule on a hangtag
attached to the industrial hemp-derived vapor item.
(c) May use a peel-back or accordion label
with the information required in subsection (10)(b) of this rule on the inside
of the peel-back or accordion label, if the peel-back or accordion label can be
easily identified by a consumer as containing important information.
(11) The outer container used to
display the industrial hemp-derived vapor item for sale or transfer to a
consumer must comply with the labeling requirements in these rules, even if an
inner container qualifies for the exception under section (9) or (10) of this
rule.
(12) If an industrial
hemp-derived vapor item is placed in a package that is being re-used, the old
label must be removed and it must have a new label.
(13) Ingredient listing.
(a) An industrial hemp-derived vapor item
that contains an ingredient consisting of two or more sub ingredients must
either:
(A) Use the common name of the
ingredient followed by a parenthetical listing of all ingredients in a
descending order of predominance; or
(B) List all sub ingredients as individual
ingredients in descending order of predominance.
(b) The list of ingredients must correctly
identify whether industrial hemp concentrate or industrial hemp extract was
used to make the product.
(14) A cartridge or vaporizing device
containing industrial hemp concentrate or industrial hemp extract, whether
alone or combined with non-cannabis additives, intended for use with an
inhalant delivery system is not required to be labeled in accordance with these
rules except that the cartridge or device must have a label with the hemp
symbol. All the remaining label requirements must be included on the packaging
as required by these rules.
(15)
The Commission may require that industrial hemp-derived vapor items sold at
retail to be labeled with a Universal Product Code.
(16) Once a label is approved by the
Commission, the label identification number provided by the Commission must be
prominently displayed on the label of the outermost container.
Notes
Statutory/Other Authority: ORS 475C.604
Statutes/Other Implemented: ORS 475C.604
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.