OAR 845-026-6080: Hemp Cannabinoid Products Other than Hemp Edibles, Tinctures, or Capsules

Prior to selling, transferring, or delivering a hemp cannabinoid product other than a hemp edible, hemp tincture, or hemp capsule to a consumer, the responsible party must label the container holding the product with the following information: (1) Manufacturer’s business or trade name, license number, and, if applicable, ODA hemp handler license number. (2) Business or trade name of the person that packaged the hemp cannabinoid product, if different from the manufacturer. (3) Product identity. (4) Batch number. (5) Date the product was made. (6) Net weight or volume in U.S. customary and metric units. (7) Serving size and number of servings per container. (8) Amount, in milligrams, of total THC and total CBD in each serving and in the container as reported by the laboratory that tested the batch. (9) If other cannabinoids are present, the amount in milligrams of cannabinoids in each serving and in the container as reported by the laboratory that tested the batch. (10) List of all ingredients in descending order of predominance by weight or volume used to process the hemp cannabinoid product. (11) Hemp symbol. (12) Activation time expressed in words or through a pictogram. (13) The address of a publicly accessible website that would enable a reasonable person to reliably locate the certificate of analysis for the specific batch of the hemp item in the container. (14) For hemp cannabinoid products that are adult use cannabis items, the following statement or similar wording that expresses the same facts: “This product is not approved by the FDA to treat, cure, or prevent any disease.” (15) For hemp cannabinoid products that are adult use cannabis items: (a) A warning that states: “For use only by adults 21 and older. Keep out of reach of children.” (b) Warnings that state the following or provide similar wording that expresses the same facts: (A) “This product is derived from hemp and may contain THC.” (B) “This product may impair the ability to drive or operate heavy machinery.” (C) “DO NOT EAT” in bold, capital letters. (D) “Do not consume during pregnancy or while breastfeeding.” (E) “Keep out of reach of pets.” (16) For hemp cannabinoid products that are not adult use cannabis items, the following statements or similar wording that expresses the same facts: (a) “This product is not approved by the FDA to treat, cure, or prevent any disease.” (b) “Children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.” (17) For hemp cannabinoid products that are not adult use cannabis items, the following warnings or similar wording that expresses the same facts: (a) “This product contains cannabinoids. Keep out of reach of children and pets.” (b) “DO NOT EAT” in bold, capital letters. (18) For inhalable hemp cannabinoid products that contain non-cannabis additives: (a) The product identity must clearly identify that the inhalable hemp cannabinoid product contains non-cannabis additives and, in addition to the requirements of OAR 845-026-6000 through 845-026-6120, must include the words “non-cannabis additive.” (b) In addition to the other ingredients in the inhalable hemp cannabinoid product, for each non-cannabis additive used, the ingredient listing must contain the words “non-cannabis additive” in a manner that clearly distinguishes each additive from any other additives. (c) All of the ingredients in the non-cannabis additive: (A) Must be included on the list of ingredients required by OAR 845-026-6100; (B) Must be listed either alphabetically or in descending order of predominance by weight or volume; and (C) Must be listed on: (i) The label’s ingredient list as sub-ingredients of the ingredient term “non-cannabis additive”; or (ii) An insert within the inhalable hemp cannabinoid product’s container that clearly indicates that the ingredients listed are contained within the inhalable hemp cannabinoid product.