New Jersey Cannabis Packaging and Labeling Procedures

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From the CRC Regulations published on August 19th, 2021 (pages 106, 128-133) and The CREAMMA Adult-Use Law (pages 46-47)

§ 17:30-10.5 PACKAGING, LABELING, RELEASE FOR DISTRIBUTION

(a) A cannabis cultivator shall place a legible, permanently affixed label containing the information specified at N.J.A.C. 17:30-13.3 on each package of finished usable cannabis that is ready for sale.

(b) A cannabis cultivator shall only release for distribution and transfer to another cannabis business cannabis that has been properly processed, tested, packaged, sealed and labeled in accordance with the provisions of N.J.A.C. 17:30-13.2 and 13.3.

§ 17:30-13.2 CANNABIS ITEM PACKAGING REQUIREMENTS

(a) A cannabis cultivator or cannabis manufacturer, as applicable, shall package cannabis items in packaging compliant with the requirements of this subchapter in a secure area connected to the cultivation or manufacturing area in accordance with this section before transfer to another cannabis business. 1. The usable cannabis and cannabis products shall be handled on food grade stainless steel tables. 2. Proper sanitation shall be maintained. 3. Proper rodent and bird exclusion practices shall be employed at all times.

(b) Each package of usable cannabis and cannabis product shall be sealed in a closed container, so that the package cannot be opened, and the contents consumed, without the seal being broken. 1. Such container for the packaging of cannabis products shall meet United States Pharmacopeia standards (see Containers under Preservation, Packaging, Storage, and Labeling in the General Notices and Requirements, Containers 661, and Containers—Permeation 671); 2. Such container for the packaging of cannabis products shall depend on the physical and chemical properties of the cannabis product; Container–cannabis interaction is to be considered with substances such as phenolic compounds and sorptive materials (e.g., polypeptides and proteins);

(c) Each package of usable cannabis and cannabis product shall bear a label that complies with N.J.A.C. 17:30-13.3 and shall be affixed with the universal symbol established by the Commission pursuant to N.J.A.C. 17:30-13.6.

(d) A cannabis cultivator shall only package usable cannabis, and such packages may contain no more than ¼ oz or 7.09 grams.

(e) A cannabis manufacturer shall only package authorized forms of cannabis products, and such packages may contain such amounts in accordance with N.J.A.C. 17:30-11.5.

(f) All packaging for cannabis items shall: 1. Be fully enclosed, opaque, of a single color, and light resistant; i. Packaging may contain a logo or symbol of a different color or colors, provided the logo is no larger than 1 inch in length and 1 inch in height. 2. Be child-resistant in accordance with the Poison Prevention Packaging Act of 1970, 16 C.F.R. Part 1700; 3. Protect the product from contamination; and 4. Be able to be resealed in a child-resistant manner unless the package contains a single serving cannabis item. i. For ingestible products in liquid form with multiple serving units, the container must have a resealing cap or closure.

(g) Once a package is sealed, a cannabis business shall not open the package except for quality control purposes. Once the seal is broken on a cannabis item ready for sale to the consumer, the cannabis item is deemed unusable.

(h) Cannabis businesses shall make a good faith effort to utilize packaging that is biodegradable.

§ 17:30-13.3 CANNABIS ITEM LABELING REQUIREMENTS

(a) Each package of usable cannabis and cannabis product shall be affixed with a compliant label by a cannabis cultivator or cannabis manufacturer, as applicable, before transfer to another cannabis business.

(b) Labels affixed to cannabis items shall include the following consumer safety and product information:

1. The name, address, license number, telephone number of the cannabis cultivator and cannabis manufacturer that produced the cannabis item, as applicable;
2. Net weight and quantity of the cannabis items contained in the package;
3. Production or harvest date;
4. Expiration date, consistent with the requirements of N.J.A.C. 17:30-11.8;
5. A sequential serial number, batch or lot number, and bar code to identify the batch or lot associated with cultivation or manufacturing;
6. A list of any other inactive or excipient ingredients besides usable cannabis or cannabis concentrate used to manufacture a cannabis product or contained within the package;
7. A list of all potential allergens contained within the cannabis product;
8. Whether the cannabis item requires refrigeration;
9. Serving size and the total number of servings contained in the finished cannabis item; and the cannabinoid and terpene profile, in milligrams and/or as a percentage, of the cannabis item and of a single serving size; i. For example: “The serving size of active THC in this product is X mg. This product contains X servings of cannabis, and the total amount of active THC in this product is X mg.”
10.The strain/cultivar name, listed by scientific terms, if available, and generic or “slang” names;
11.For usable cannabis, the chemotype, growth method, an indication whether the cannabis was grown using all-organic materials, and a list of any allowable pesticides, fungicides and herbicides used in cultivation pursuant to N.J.A.C. 17:30-10.9;
i. Chemotypes shall be displayed as:
a. “High THC, Low CBD” where the THC to CBD ratio is greater than 5:1 and the total THC percentage is 15% or greater; b. “Moderate THC, Moderate CBD” where the THC to CBD ratio is between 5:1 and 1:5 and the total THC percentage is between 5% and 15%;
c. “Low THC, High CBD” where the THC to CBD ratio is less than 1:5 and the total THC percentage is less than or equal to 5%; or
d. Where usable cannabis does not conform to one of the three chemotypes, it shall be listed as the closest chemotype determined by mathematical analysis of the ratio of THC to CBD.
ii. Growth methods include, but are not limited to: a. Indoor; b. Outdoor; c. Soil-grown; d. Hydroponic; or e. Aquaponic;
12. A summary of the written report detailing the results of the testing laboratory testing, including but not limited to:
i. Potency of all major cannabinoids detected and listed in the written report; and
ii. A list of major terpenoids detected and listed in the written report.
13.Directions for inhalable, ingestible, or topical administration, as applicable;
14.Requirements for proper storage.

(c) Labels affixed to cannabis items shall contain the following consumer warnings, as applicable, in no less than 6-point font unless otherwise noted:
1. For all cannabis items: i. “This product contains cannabis;” ii. “This product is intended for use by adults 21 years of age or older and not for resale. Keep out of the reach of children;” iii. “There may be health risks associated with the consumption of this product, including for women who are pregnant, breastfeeding, or planning on becoming pregnant;” iv. “Do not drive a motor vehicle or operate heavy machinery while using this product;” and v. The nationwide toll-free telephone number used to access poison control centers that is maintained in accordance with 42 U.S.C. s.300d-71.
2. For any cannabis item that contains a total THC percentage greater than 40%: i. “This is a high potency product and may increase your risk for psychosis” printed in no less than 10-point font. a. This warning shall appear complete on the front of the package and shall not be wrapped around multiple sides of the package.
3. For ingestible products: i. “The intoxicating effects of this product may be delayed by two or more hours” printed in no less than 10-point font. a. This warning shall appear complete on the front of the package and shall not be wrapped around multiple sides of the package.
4. For an electronic smoking device: i. “This device has not been evaluated or approved by the Food and Drug Administration.”
5. A label containing any statements about the product other than those specified in this chapter shall contain the following statement prominently displayed, and in boldface type: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. (d) The cannabis business shall submit the label and any required form to the Commission for recordkeeping. 1. The Commission shall provide a copy of the label to authorized employees of State agencies or local law enforcement agencies, as necessary for these agencies to perform their official duties.

§ 17:30-13.4 TAX STAMP AND TRACKING

(a) Every cannabis item shall contain a unique stamp or tag, as prescribed by the Commission, that at a minimum: 1. Verifies the cannabis item was cultivated, manufactured, and sold by licensed cannabis businesses; i. The Commission shall utilize the unique stamp or tag to provide the license numbers where the cannabis item was cultivated, manufactured, and sold to consumers who purchase cannabis items. 2. Tracks the batch(es) and lot(s) with the which the cannabis item is associated; and 3. Allows the Commission to track compliance with sales tax, municipal transfer tax, and social equity excise fees.

(b) Cannabis businesses shall be responsible for paying any fees, as determined by the Commission, for the unique stamp or tag required by this subchapter.

(c) Until such time as the Commission designates a tax stamp pursuant to this subchapter, the Commission may authorize cannabis items to be sold without tax stamps.

§ 17:30-13.5 CANNABIS ITEM PACKAGING AND LABELING; PROHIBITIONS

(a) The packaging and labeling of cannabis items shall not contain any: 1. Statement, illustration, or image that includes false, deceptive, or misleading statements or promotes over-consumption; 2. Resemblance to a trademarked, characteristic, or product-specialized packaging of any commercially available candy, snack, baked good, or beverage; 3. Statement, artwork, or design that could reasonably mislead any person to believe that the cannabis item or package contains anything other than cannabis items; 4. Seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the cannabis items or package have been endorsed, manufactured, or used by any State, county, or municipality, or any agency thereof; or 5. Statement, illustration, or image that depicts a child or other person under legal age consuming cannabis items; 6. Statement, illustration, image, cartoon, color scheme, graphic, or feature that might make the cannabis item or package attractive to children. i. Examples of images or graphics that are prohibited include but are not limited to toys, games, candy, beverages, food products, characters, cartoon characters suggesting the presence of a person under the legal age to purchase cannabis items, or any other depiction designed in any manner to be especially appealing to persons under the legal age to purchase cannabis items.

§ 17:30-13.6 CANNABIS ITEM PACKAGING AND LABELING; UNIVERSAL SYMBOL

(a) Pursuant to N.J.S.A. 24:6I-35, the Commission shall establish a universal symbol indicating clearly to consumers and members of the public that any package of cannabis items contains cannabis. 1. Such symbol, once established, shall be imprinted on all packages of cannabis items in a form and manner prescribed by the Commission.