OAR 845-026-7040: Industrial Hemp-derived Vapor Item Labeling Requirements

Prior to an industrial hemp-derived vapor item being sold or transferred to a consumer, the container holding industrial hemp-derived vapor item must have a label that has the following information: (1) The hemp vapor item manufacturer’s business, trade name, or personal name, and, if applicable, Oregon Department of Agriculture license number; (2) Product identity that correctly identifies the item as either an industrial hemp concentrate or extract; (3) On or after July 1, 2023, a lot number or batch number; (4) Date the industrial hemp-derived vapor item was made; (5) Net weight or volume in U.S. customary and metric units; (6) Serving size and number of servings per container; (7) Amount, in milligrams, of THC and CBD in each serving and in the container; (8) Activation time, expressed in words or through a pictogram; (9) Name of the laboratory that performed any test and any test analysis date; (10) Hemp symbol; (11) A statement that reads: “This product is not approved by the FDA to treat, cure, or prevent any disease”; (12) Warnings that state: (a) “This product is derived from hemp and could contain THC. Keep out of reach of children.” (b) “DO NOT EAT” in bold, capital letters. (13) For industrial hemp-derived vapor items that combine industrial hemp extract and concentrate: (a) The product identity must indicate the item has industrial hemp extract and concentrate. (b) List all ingredients in descending order of predominance by weight or volume. (14) For industrial hemp-derived vapor items that contain non-cannabis additives: (a) The product identity must clearly identify that the product contains non-cannabis additives and, in addition to the other requirements of OAR 845-026-7000 to 845-026-7070, must include the words “non-cannabis additive.” (b) In addition to the other ingredients in the industrial hemp-derived vapor item, 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 listed either alphabetically or in descending order of predominance by weight or volume; and (B) 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 product’s container that clearly indicates that the ingredients listed are contained within the industrial hemp-derived vapor item that contain non-cannabis additives.