The new year is upon us and with it comes the new cannabis packaging laws and regulations for 2018. Cannabis packaging is integral for successful business in this unique industry. Not only is it important to attract consumers and ultimately get them to buy and promote your brand, but it is also necessary to have your cannabis packaging compliant. If it’s not compliant with regulations your business may face hefty fines and punishments. So, let’s take a look at what you need to know for the upcoming year.
Child Resistant Packaging
The AB-110 states that all cannabis exit packaging like pop top bottles, and other types of packaging must be child-resistant certified. While it comes as no surprise since child safety from harmful products is crucial, it may cause significant problems for some sellers.Many manufacturers and producers will easily find child resistant solutions with such things as Pre-Roll tubes, Mylar Dispensary Bags, and Pop Top Bottles, others are going to have a much more difficult struggle to finding the right solution for their unique products.
Child Resistant Exit Bags
For products that aren’t child resistant, these exit bags help businesses stay compliant as a viable solution for staying compliant.These exit bags are marked similarly to products that come in child resistant packaging.
2 Types Of Labels Required
The new laws require two types of labels to be placed on your cannabis packaging. The first one is known as “Primary Panel” and the second one is called the “Informational Panel”.
- Primary Panel– This label requires information on the identity of your product in a text size that is prominent and easy to see. You’ll also need to include the key phrase “cannabis-infused” right above the identity information. Bold face type and font larger than that used for the product identity is required.The special symbol for cannabis products must also be provided as outlined in Section 40412.
Next, the packaging should include the net volume or weight of the contents and the CBD and THC content for the entirety of the package in milligrams per package.In addition, you must include the amount of CBD and THC contained per serving, also written in milligrams per serving. Other cannabinoids or terpenes per serving need to be included and verified.
All of these requirements can be achieved by getting a licensed testing lab that is compliant. (Business & Professions Code Section 19344) These labs will test your product and issue you a certificate of analysis for verification. Keep in mind that the primary panel text has to be no less than 6-point font, relative to the size of the overall container and the size of the primary panel itself.
- Information Panel– The information necessary for this panel includes who the licensed manufacturer is, their website address, and contact number. The date of manufacture needs to be provided as well. You also need to include the following statements:
“SCHEDULE I CONTROLLED SUBSTANCE.” “KEEP OUT OF REACH OF CHILDREN AND ANIMALS”(bold print) “FOR MEDICAL USE ONLY.” “IF PREGNANT OR BREASTFEEDING, CONSULT A PHYSICIAN PRIOR TO USE.” “THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE DELAYED BY UP TO TWO HOURS.” “THIS PRODUCT MAY IMPAIR THE ABILITY TO DRIVE OR OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.”
Also, the lot number, unique identifier, and the expiration date (Or “best by” date/”use by date”) should be displayed. Your information panel text cannot be less than 6-point font, relative to the overall container size and the size of the primary panel. One exception is if there is not enough space on the packaging to print all of the information required in a size no less than 6-point. If this is the case, your label needs to have the required warning statements above in no less than 6-point font size.
The product also needs to be accompanied by additional labeling that will include all of the required information in this section. With the supplemental labeling, your font cannot be less than 8-point.
Order Compliant Labeling
The new regulations will also have some changes for special rules for edibles. This cannabis packaging will require you to list all product ingredients in order of descending by volume or weight. If your edible products contain a major food allergen, then you must have the word “contains”, followed by a list of the specific food allergen that your item contains. Keep in mind that allergens could include food coloring, flavoring, ingredients, or even incidental additives.
You’ll want to list the names of any artificial food coloring. Also, the amount of total fat, carbohydrates, sugar, and sodium per serving, in grams needs to be included. Instructions for how to consume or use the product are also required.
New Symbol To Be Placed on California Cannabis Packaging
Similar to Oregon and Colorado, California now has their own symbol that must to be placed on all legal cannabis products sold throughout the state. The symbol is to be no smaller than 0.5 in. x 0.5 in, as well as printed conspicuously and legibly.
The cannabis packaging cannot be made attractive to children. This can be an especially challenging situation for edible and concentrate companies who rely on attractive packaging to relay their creative product. New guidelines prohibit imitation of any products that have any appeal to children. This means that any packaging containing phrases, images or cartoon characters used throughout popular culture to advertise to children cannot be used on your product’s packaging.
Edibles have to be placed in opaque packaging material, according to the State of California. Transparent packaging is prohibited, because it makes it too easy for children to find the cannabis-infused cookies or brownies. Another requirement is that the marijuana packaging has to be resealable. If the packaging contains more than one serving, itshould be resealable, in order to maintain child resistant compliance throughout the lifetime of the product.
This is just a brief look at the upcoming laws and regulation. Make sure that your business stays up-to-date with them to avoid headaches later on.