There is a lot of confusion about the new labeling and packaging requirements that went into effect in September. (You can find them here)
It doesn’t help matters that the relevant rules are scattered in several different places. Never fear! We have pulled these together in one spot for you, broken down into rules for everything and additional rules for edibles. Both wholesalers (growers and processors) and retailers (dispensaries) are responsible for making sure that any product you sell meets these standards, so let’s dive in.
Let’s start with rules for everything. You should be packaging every type of product in child resistant, opaque, resealable containers at the point of sale, if it’s not already in a compliant container from the grower/processor. It can be any type of container or bag, so long as you can’t see the product inside, it’s resealable and the manufacturer states that it meets the standard for “child resistant.” You cannot satisfy this requirement with an exit bag – each individual product must be in this type of container at the point of sale. Make sure that each of your labels includes the “uniform symbol” in color and that you have each of the required statements listed below.
It should go without saying at this point that none of your packaging should be attractive to minors or use cartoon characters or similar images. An important new rule that you might have overlooked is the ban on any images on your packaging except for your business logo and a picture of the product. OAC 310:681-7-1(d)(1) (p. 46 of the Emergency Rules). This means that those of you with a logo or image for particular products will need to rethink your packaging design.
If you are producing edible products, the rules have not changed. You must still follow additional rules to include not only the ingredient list, allergen information and the other items listed below. If you are selling more than $50,000 per year in food to consumers, you may also be required to include FDA-compliant nutrition labeling. You can find more information on nutrition labeling in the FDA Food Labeling Guide here.
If you have questions about any of these regulations or how to make sure your packaging and labeling complies with the law, reach out to us at firstname.lastname@example.org or 501-680-4880 for a consultation.
About The Author:
Erika Gee is the team leader of the Wright Lindsey Jennings Cannabis and Industrial Hemp practice, a member of the firm’s Government Relations Practice and a former Chief of Staff and Chief Deputy in the Arkansas Attorney General’s Office. Since returning to Wright Lindsey Jennings in 2015, Gee has developed a regulatory and administrative law practice primarily focused on the pharmacy and medical cannabis industries. She has been actively involved in the implementation and licensure process for cannabis businesses in Arkansas and Oklahoma, including regulatory and legislative lobbying, drafting applications and regulatory compliance planning and representation for cultivation facilities, dispensaries, processing facilities, licensed transporters and other related businesses. She also represents clients seeking licensure to grow and process industrial hemp and who operate wholesale and retail CBD businesses.