OAR 845-025-7000: Packaging and Labeling — Definitions

For the purposes of OAR 845-025-7000 to 845-025-7190, unless otherwise specified: (1) “Activation time” means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling a marijuana item or hemp item. (2) “Attractive to minors” means packaging, containers, inhalant delivery devices, labeling, or advertising that features: (a) Cartoons; (b) A design, brand, or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors; (c) Symbols or celebrities that are commonly used to market products to minors; (d) Images of minors; or (e) Words that refer to products that are commonly associated with minors or marketed by minors. (3) “Cannabinoid capsule” means a small, soluble pill, tablet, or container that contains liquid or powdered cannabinoid product, concentrate, or extract and is intended for human ingestion. (4)(a) “Cannabinoid edible” means: (A) Food or potable liquid into which a cannabinoid concentrate, cannabinoid extract, or the dried leaves or flowers of marijuana have been incorporated; or (B) For purposes of labeling, includes any marijuana, cannabinoid concentrate, cannabinoid extract, or cannabinoid product that is intended for human consumption or marketed in a manner that implies the item is for human consumption. (b) For purposes of labeling “cannabinoid edible” does not include a cannabinoid tincture or capsule. (5) “Cannabinoid topical” means a cannabinoid product intended to be applied to skin or hair. (6) “CBD” means total cannabidiol as calculated pursuant to OAR 333-064-0100. (7) “Child resistant” means designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly. (8) “Consumer” has the meaning given that term in ORS 475C.009 and does not include a patient or designated primary caregiver. (9) “Container”: (a) Means a sealed, hard or soft-bodied receptacle in which a marijuana item or hemp item is placed and any outer receptacle intended to display a marijuana item or hemp item for ultimate sale to a consumer, patient, or designated primary caregiver. (b) Does not mean: (A) Inner wrapping or lining; (B) An exit package; or (C) A shipping container used to transfer marijuana items or hemp items in bulk from one licensee or registrant to another. (10) “Exit package” means a sealed, child-resistant certified receptacle into which marijuana items or hemp items already within a container are placed at the point of sale. (11) “Food” means a raw, cooked, or processed edible substance or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum and includes beverages. (12) “Generic label”: (a) Means a label that does not have any graphics, pictures, or logos, other than symbols required by these rules and has: (A) Only the information required by rule; (B) Additional test information not required by rule; or (C) Additional information described in OAR 845-025-7160(8)(c). (b) Does not mean: (A) A label for an inhalable cannabinoid product with a non-cannabis additive that is processed or manufactured on or after April 1, 2021. (B) A label for a marijuana item or hemp item that contains an artificially derived cannabinoid allowed by OAR 845-025-1310 that is sold or transferred on or after July 1, 2022. (13) “Grower” has the same meaning as “person responsible for a marijuana grow site” as defined in OAR 845-025-1015. (14) “Health claim” means any claim made on the label that expressly states or implies a relationship between a substance and a disease or health-related condition. (15) “Hemp capsule”: (a) Means a small, soluble pill, tablet, or container that contains liquid or powdered hemp cannabinoid product, industrial hemp concentrate, or industrial hemp extract and is intended for human ingestion. (b) Does not mean a cannabinoid capsule. (16) “Hemp concentrate or extract” means an industrial hemp concentrate or industrial hemp extract, as those terms are defined in ORS 571.269. (17) “Hemp edible”: (a) Means a food or potable liquid into which industrial hemp, an industrial hemp concentrate, an industrial hemp extract, or the dried leaves or flowers of hemp have been incorporated. (b) Does not mean: (A) Hemp seed incapable of germination by itself; (B) Other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients; or (C) A cannabinoid edible. (c) For purposes of labeling, does not include a hemp tincture or hemp capsule. (18) “Hemp symbol” means the image, established by the Commission and made available to licensees, indicating the item is a hemp item. (19) “Hemp topical”: (a) Means a hemp cannabinoid product intended to be applied to skin or hair. (b) Does not mean a cannabinoid topical. (20) “Label” means any display of written, printed, or graphic matter printed on or affixed to any container, wrapper, liner, or insert accompanying the marijuana item or hemp item. (21) “Major food allergen” means an ingredient that contains any of the foods or food groups listed in subsections (a) to (i) of this section or an ingredient that contains protein derived from one of the foods listed in subsections (a) to (i) of this section: (a) Milk. (b) Egg. (c) Fish. (d) Crustacean shellfish. (e) Tree nuts. (f) Wheat. (g) Peanuts. (h) Soybeans. (i) On and after July 1, 2023, sesame. (22) “Medical grade symbol” means the image established by the Commission and made available to licensees indicating the cannabinoid product, concentrate, or extract may only be sold or transferred to a designated primary caregiver or patient, for use only by a patient. (23) “Medical marijuana dispensary” means a facility registered under ORS 475C.833. (24) “Net quantity of contents” means a statement on the principal display panel of the net weight or net volume of the product expressed in the terms of weight, measure, or numerical count. (25) “Net volume” means the fluid measure of a liquid product expressed as milliliters and fluid ounces. (26) “Net weight”: (a) Means the gross weight minus the tare weight of the packaging expressed as ounces and grams or milligrams. (b) Includes, as applied to pre-rolled marijuana, the dried marijuana leaves and flowers, the rolling paper, and the filter or tip. (c) For marijuana items and hemp items labeled according to OAR 845-025-7120, the net weight does not include the filter or tip. (27) “Place of address” means the name, mailing address, city, state, and zip code of the processor who made the cannabinoid edible or other cannabinoid product. (28) “Principal display panel” means the part of a label on a package or container that is most likely to be displayed, presented, shown, or seen under customary conditions of display for sale or transfer. (29) “Processor” means a person: (a) Licensed by the Commission to process marijuana under ORS 475C.085; (b) Licensed by the Commission under ORS 475C.065 who produces kief; (c) Licensed with the Oregon Department of Agriculture under ORS 571.281 who manufactures hemp items; or (d) Registered with the Authority under ORS 475C.815 as a processing site and who is not exempt from labeling requirements under ORS 475C.604. (30) “Producer” means a person: (a) Licensed by the Commission to produce marijuana under ORS 475C.065; or (b) Registered with the Authority under ORS 475C.792 as a grower and who is not exempt from labeling requirements under ORS 475C.604. (31) “Product identity” means a truthful or common name of the product that is contained in the package. (32) “Registrant” means a person registered with the Authority under ORS 475C.770 to 475C.919. (33) “Serving” or “serving size” means an amount of product that is suggested for use by a consumer or patient trying the item for the first time and cannot exceed the applicable concentration and serving size limits in OAR 845-026-0210 and 845-026-0220. (34) “Target potency” means the intended potency included on the label for the amount or concentration of a cannabinoid, including but not limited to amount or concentration THC, CBD, or total amount of cannabinoids. (35) “THC” means total delta-9-tetrahydrocannabinol as calculated pursuant to OAR 333-064-0100. (36) “These rules” means OAR 845-025-7000 to 845-025-7190. (37) “Ultimate sale” means the final sale from a retail location or dispensary to a consumer, patient, or designated primary caregiver. (38) “Universal symbol” means the image, established by the Authority and made available to licensees and registrants, indicating the marijuana item contains marijuana.