OAR 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 one-sixteenth 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 a jar and is 1.75 inches or less in height and has a lid with a width of two 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 an industrial hemp 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 “<LOQ.” (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 (a) of this section 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 (b) of this section 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 two 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 (a) of this section 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 (b) of this section 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.