W. Va. Code R. § 61-30-7 - Displays, Advertising, and Marketing
7.1. For establishments selling hemp and
kratom derived products intended for consumption, items shall be displayed only
in areas that the store staff can see in direct sign or behind counters that
deny public access.
7.2. For
establishments, stores at fairs and festivals, farmers' markets, etc., products
must be in a controlled environment and not accessible to children.
7.3. Advertising on television, online, by
radio, and in print is prohibited when 30% or more of the listener/viewer/user
group is comprised of persons under the age of 21.
7.4. The distribution of free samples of hemp
and kratom products intended for consumption is prohibited, except for products
distributed in an "adult-only facility."
Notes
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.
7.1. Hemp products for human consumption as a food or dietary supplement shall be labeled in accordance with FDA guidelines for food or dietary supplement labeling.
7.2. Hemp products produced for topical absorption by humans shall be labeled in accordance with FDA guidelines for Cosmetic Products Warning Statements.
7.3. Hemp products shall not contain disease or drug claims on the label that are not approved by the FDA.
7.4. The product lot on the label must be traceable to the plant origin.
7.5. Hemp products meant for animal consumption shall be labeled and comply with the West Virginia Commercial Feed Law, West Virginia Code § 19-14-1 et seq.
7.6. Hemp seed products intended for cultivation shall be labeled in accordance with the West Virginia Seed Law, West Virginia Code § 19-16-1 et seq.
7.7. Product labels must be clear and legible.
7.8. Labels must be printed in English.
7.9. The following labeling is forbidden:
7.9.a. Unless at least 51% of the hemp in the product is grown in the state of West Virginia, the hemp product cannot be labeled as a West Virginia hemp product .
7.9.b. The product cannot be attractive to children. This includes, but is not limited to:
7.9.b.1. The use of cartoons;
7.9.b.2. The use of images popularly used to advertise to children; or
7.9.b.3. The imitation of a candy label.
7.9.c. The label cannot include false or misleading information. This includes untrue or unproven information that leads consumers to have an inaccurate impression.
7.9.d. The label cannot include the use of the word "organic" unless referencing certified organic products that have been certified as organic in accordance with the National Organic Program, as provided for by the USDA.
7.10. Labels will be considered misbranded when a WVDA analysis finds the claim is above or below 20% of the cannabinoid amount declared on the label.
7.11. The following requirements must be met for the primary label :
7.11.a. The product must be identified with the generic or common name; and
7.11.b. If the product label claim contains any amount of cannabinoid (s), the label must properly identify them.
7.12. The following requirements must be met for the information panel:
7.12.a. Manufacturer 's name and contact information;
7.12.b. Batch or lot number;
7.12.c. Instructions for use and any preparation needed, if applicable;
7.12.d. List of all ingredients in descending order by weight or volume;
7.12.e. Allergens if applicable;
7.12.f. Artificial food coloring, if applicable;
7.12.g. Expiration or use by date, if applicable;
7.12.h. Refrigeration or refrigerate after opening warnings, if perishable after opening; and
7.12.i For edible products, sodium, sugar, carbohydrates, and total fat per serving.
7.12j. The net weight or volume of the contents of the package, in both metric and US customary units must be displayed.
7.12j.1. For capsules, soft gels, or similar products the net quantity of contents statement can be weight, volume, numerical count, or a combination of numerical count and weight or volume.
7.13. The cannabinoid content, in milligrams, may be posted on either the primary or informational panel , and must include:
7.13.a. Any product label claiming a guaranteed cannabinoid (if applicable) shall provide the total amount of the claimed cannabinoidcontent per package for all manufactured products; and
7.13.b. Cannabinoid (if applicable) content per serving for all hemp products with designated serving sizes.
7.14. Any product containing more than 0.3% of tetrahydrocannabinols, must declare "NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 18" (or more restrictive) on the label.
7.15. Any product label claiming "THC-free " or "non-THC " shall not contain levels of THC above detectable levels as determined by the Department .
7.16. A QR code, or similar tool, may be used in lieu of labeling requirements on the physical label's informational panel for all required information except that required by subsections 7.13 and 7.14 and subdivision 7.12.i of this rule.