N.Y.
Cannabis Law Section 81
Packaging, labeling, and administration of adult-use cannabis products
1.
The board is hereby authorized to promulgate rules and regulations governing the advertising, branding, marketing, packaging, labeling and unconventional methods of administration or ingestion, of cannabis products, sold or possessed for sale in New York state, including rules pertaining to the accuracy of information and rules restricting marketing and advertising to youth.2.
Such regulations shall include, but not be limited to, requiring that:(a)
packaging meets requirements similar to the federal “poison prevention packaging act of 1970,” 15 U.S.C. Sec 1471 et seq.;(b)
prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled according to regulations and placed in a resealable, child-resistant package; and(c)
packages, labels, shapes and products shall not be made to be attractive to or target persons under the age of twenty-one.3.
Such regulations shall include requiring labels warning consumers of any potential impact on human health resulting from the consumption of cannabis products that shall be affixed to those products when sold, if such labels are deemed warranted by the board and may establish standardized and/or uniform packaging and labeling requirements for adult-use products.4.
Such rules and regulations shall establish methods and procedures for determining serving sizes for cannabis products, active cannabis concentration per serving size, and number of servings per container or package, and the methods of separating or clearly delineating servings within a container or package. Such regulations may also require a nutritional or supplement fact panel that incorporates data regarding serving sizes and potency thereof.5.
Such rules and regulations shall establish approved product types and forms and establish an application and review process to determine the suitability of new product types and forms, taking into consideration the consumer and public health and safety implications of different product varieties, manufacturing processes, product types and forms, the means and methods of administration associated with specific product types, and any other criteria identified by the board for consideration to protect public health and safety.6.
Such regulations shall also require product labels to accurately display the total THC of each product.7.
The packaging, sale, marketing, branding, advertising, labeling or possession by any licensee of any cannabis product not labeled or offered in conformity with rules and regulations promulgated in accordance with this section shall be grounds for the imposition of a fine, and/or the suspension, revocation or cancellation of a license in accordance with the provisions of this chapter.
Source:
Section 81 — Packaging, labeling, and administration of adult-use cannabis products, https://www.nysenate.gov/legislation/laws/CAN/81 (updated Apr. 9, 2021; accessed Oct. 26, 2024).
