Are there packaging or labeling standards for manufacturer hemp products, including CBD?

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Manufacturer hemp products that are high-THC hemp products are considered cannabis and subject to all cannabis laws and policies and procedures, including those related to packaging and labeling, as set forth in the Department’s policies and procedures. High-THC hemp products can only be sold by licensed cannabis establishments authorized to sell cannabis. You can find a list of licensed cannabis dispensary facilities, retailers and hybrid retailers here. High-THC hemp products sold by non-cannabis retailers should be reported to local law enforcement for action.

 

On or after October 1, 2023, manufacturer hemp products that are not considered high-THC hemp products are subject to the packaging and labeling requirements described in Section 45(w) through (y) of Public Act 23-79. These include, but are not limited to: 

  • Being packaged, presented or advertised in a manner that is likely to mislead a consumer by:
    • Bearing a resemblance to trademarked or characteristic packaging of, either
      • Cannabis offered for sale in this state or on tribal land; or,
      • A commercially available non-cannabis product.
    • Implies that the product either; 
      • Is a cannabis product;
      • Contains a total THC concentration greater than 0.3% on a dry-weight basis; or,
      • Is a high-THC hemp product.
  • Manufacturer hemp products that are a food, beverage, oil or other product intended for human ingestion must be packaged or labeled in packaging that includes:
    • A scannable barcode, web address or QR Code that links to the product’s Certificate of Analysis that includes:
      • The name of the product;
      • The name, address and telephone number of the product's manufacturer, packer and distributor, as applicable;
      • The batch number, which shall match the batch number on such package or label; and
      • The concentration of cannabinoids present in the product, including, but not limited to, total THC and any cannabinoids or active ingredients comprising at least one per cent of such product.
    • An expiration or best by date, if applicable;
    • A statement disclosing:
      • Children, or those who are pregnant or breastfeeding, should avoid using such product prior to consulting with a health care professional concerning such product's safety;
      • Products containing cannabinoids should be kept out of reach of children; and,
      • The federal Food and Drug Administration has not evaluated such product for safety or efficacy.
    • For products intended for inhalation a warning statement disclosing that smoking or vaporizing is hazardous to human health.
  • Manufacturer hemp products that are a topical, soap or cosmetic must be packaged or labeled in packaging that includes:
    • A scannable barcode, web address or QR Code that links to the product’s Certificate of Analysis that includes:
      • The name of the product;
      • The name, address and telephone number of the product's manufacturer, packer and distributor, as applicable;
      • The batch number, which shall match the batch number on such package or label; and,
      • The concentration of cannabinoids present in the product, including, but not limited to, total THC and any marketed cannabinoids.
    • An expiration or best buy date, if applicable; and, 
    • A statement disclosing that the federal Food and Drug Administration has not evaluated such product for safety or efficacy.
 

Cannabis use and Safety Hemp, CBD and Other Products Establishing a Business