Labeling and packaging

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§701. Labeling and packaging

1.  Labeling requirements.  Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter must be labeled with the following information, as applicable based on the marijuana or marijuana product to be sold:  

A. The license numbers of the cultivation facility, the products manufacturing facility and the marijuana store where the adult use marijuana or adult use marijuana product was cultivated, manufactured and offered for sale;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

B. An identity statement and universal symbol;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

C. Health and safety warning labels as required by rules adopted by the department after consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

D. The batch number;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

E. A net weight statement;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

F. Information on the THC potency of the marijuana or marijuana product and the potency of such other cannabinoids or other chemicals in the marijuana or marijuana product, including, but not limited to, cannabidiol;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

G. Information on the amount of THC and cannabidiol per serving of the marijuana or marijuana product and, for edible marijuana products, the number of servings per package;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

H. Information on gases, solvents and chemicals used in marijuana extraction;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

I. Instructions on usage;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

J. For adult use marijuana products:  

(1) The amount of marijuana concentrate per serving of the product, as measured in grams, and the amount of marijuana concentrate per package of the product, as measured in grams;  

(2) A list of ingredients and possible allergens; and  

(3) A recommended use date or expiration date;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

K. For edible marijuana products, a nutritional fact panel; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]

L. Any other information required by rule by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]

[PL 2017, c. 409, Pt. A, §6 (NEW).]

2.  Packaging requirements.  Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter must be packaged in the following manner, as applicable based on the marijuana or marijuana product to be sold:  

A. Adult use marijuana and adult use marijuana products must be prepackaged in child-resistant and tamper-evident packaging or must be placed in child-resistant and tamper-evident packaging at the final point of sale to a consumer;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

B. Adult use marijuana and adult use marijuana products must be prepackaged in opaque packaging or an opaque container or must be placed in opaque packaging or an opaque container at the final point of sale to a consumer;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

C. Packaging for multiserving liquid adult use marijuana products must include an integral measurement component and a child-resistant cap; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]

D. Packaging must conform to all other applicable requirements and restrictions imposed by rule by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]

[PL 2017, c. 409, Pt. A, §6 (NEW).]

3.  Other approved labeling and packaging.  Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter may include on the label or the packaging of the marijuana or marijuana product:  

A. A statement of compatibility with dietary practices;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

B. Depictions of geometric shapes or marijuana leaves;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

C. Use of the terms "organic," "organically cultivated" or "organically grown" in accordance with requirements regarding the use of such terms as adopted by rule by the department; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]

D. Any other information that has been preapproved by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]

[PL 2017, c. 409, Pt. A, §6 (NEW).]

4.  Labeling and packaging prohibitions.  Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter:  

A. May not be labeled or packaged in violation of a federal trademark law or regulation or in a manner that would cause a reasonable consumer confusion as to whether the marijuana or marijuana product was a trademarked product;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

B. May not be labeled or packaged in a manner that is specifically designed to appeal particularly to a person under 21 years of age;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

C. May not be labeled or packaged in a manner that obscures identifying information on the label or uses a false or deceptive label;   [PL 2017, c. 409, Pt. A, §6 (NEW).]

D. May not be sold or offered for sale using a label or packaging that depicts a human, animal or fruit; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]

E. May not be labeled or packaged in violation of any other labeling or packaging requirement or restriction imposed by rule by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]

[PL 2017, c. 409, Pt. A, §6 (NEW).]

SECTION HISTORY

PL 2017, c. 409, Pt. A, §6 (NEW).


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