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Packaging and Labeling Pre-Approval

Overview


PLEASE NOTE:
The information provided here is only a brief summary of the rules.  There are additional requirements that you must comply with.  You are responsible for complying with OAR 845-025-7000 to 845-025-7060 and OAR 333-007-0010 to 333-007-0100. 
 
The Oregon Liquor Control Commission (OLCC) evaluates medical and recreational marijuana packages and labels to ensure all packages and labels meet the requirements set out by the Oregon Health Authority (OHA) and the OLCC.
 
Only OHA Registrants and OLCC Licensees can receive package and label approval from the OLCC. 
 

OLCC Approved Packaging Lists

 

Online Application approval for Packaging and Labeling of Recreational and Medical Marijuana

Medical & Recreational Marijuana Packaging and Labeling Guide
The guide is designed to help explain the packaging and labeling rules. Please note, this guide should not replace a thorough reading of the rules.  

 
 

 Who Needs to Get Pre-Approval for Packaging and Labeling?

 Who needs to get approval for packaging and labeling?

 
§   For Recreational Marijuana 
    • The packaging and labeling rules only apply to marijuana items for sale to a consumer.  Licensees transferring bulk product to another licensee must follow OAR 845-025-7700.
    • The packaging and labeling rules only apply to marijuana items for sale to a consumer and do not apply to transfers between licensees.  OLCC Licensees transferring bulk product to another licensee must follow OAR 845-025-7700.
 
 
§   For Medical Marijuana 
    • Registrants who are packaging and/or labeling products for ultimate sale to a consumer, patient, or designated primary caregiver must receive approval from the Commission before October 1, 2016.
    • The packaging and labeling rules only apply to marijuana items for sale to a consumer, patient, or primary designated caregiver and do not apply to transfers between registrants. 
    • The packaging and labeling rules do not apply to a grower who is transferring usable marijuana or an immature plant to:
      • A patient who designated the grower to grow marijuana for the patient; or
      • A designated primary caregiver of the patient who designated the grower to grow marijuana for the patient.
    • “Registrant” means a medical cannabis producer, grower, marijuana processing site, or a medical marijuana dispensary that has registered with the Oregon Health Authority.

 

 

Packaging 

The Commission will evaluate the packaging for all marijuana items for ultimate sale to a consumer.  The packaging must:
  1. Not be attractive to minors;
  2. Not contain any untruthful or misleading information;
  3. Protect the marijuana item from contamination and not impart any toxic or harmful substance to the marijuana item;
  4. Be labeled in accordance with OAR 333-007-0010 to 333-007-0100; and
  5. Meet the standards for child-resistance.
All packages that are approved by the OLCC will be added to the pre-approval list on the Packaging and Labeling portion of the OLCC website.
 
Child-resistant Packaging  
If the marijuana item is an edible, topical, tincture, concentrate, or extract, the item must be in child-resistant packaging before it leaves a dispensary or retail store.  The container that holds the marijuana item can be child resistant on its own, but if the container is not child resistant, that container must be placed inside of a child-resistant exit package at the point of sale.  
 
In order for the OLCC to consider a package child-resistant, it must be tested and certified as child resistant by a third-party testing firm.  The OLCC does not test packaging for child resistance.   
 
To learn more about child-resistant packaging and find a list of third-party testing firms, please read the guide published by the Consumer Product Safety Commission (CPSC):
The OLCC does not promote or endorse any of the packages in the CPSC guide.  You may use a third-party testing firm that is not included on this list.
 
Attractive to Minors
OAR 845-025-7000(1) defines “attractive to minors” as packaging, labeling and marketing that features:
  • Cartoons;
  • A design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;
  • Symbols or celebrities that are commonly used to market products to minors; or
  • Images of minors.
 
 

Labeling 

The Commission will evaluate a marijuana label to determine whether it is compliant with OLCC and OHA rules.  All labels must:
  • Use no smaller than 8 point Times New Roman, Helvetica or Arial font for all required information;
  • Be in English, although it can include text in additional languages;
  • Be unobstructed and conspicuous;
  • Contain a principal display panel that contains the net weight, universal symbol, and product identity;
  • Not contain any untruthful or misleading statements; and
  • Contain the universal symbol in color and at least 0.48 inches wide by 0.35 inches high.  
 
A principal display panel is the portion of the package that is most likely to be seen by the consumer when on display for sale.  The principal display panel must include the product identity, net weight, and universal symbol.   
 
 
 
 
 
Every marijuana product type (e.g., cannabinoid edibles, topicals, or concentrates) has additional specific labeling requirements that must be included on the label. These requirements can be found in OAR 333-007-0010 to 333-007-0100.
 
Failure to include all label information may result in your label application being denied.
 
 
 
 

When Approval is NOT Required

1. Packaging

If you use a package that is published on the OLCC list of approved packages, you will not have to request approval to use the same package.  If any changes are made to the approved packaging, including but not limited to, adding graphics, pictures, logos, embossed items, or colors, you will need to apply for approval prior to any sale or transfer to a consumer.  
 
2. Labeling
A generic label is a label that contains only the information required by rule and contains no graphics, photographs, logos, or additional information not required by rule.  If you are using a generic label, you do not have to get approval from the Commission before using your label. The generic label must contain all of the specific requirements of OAR 333-007-0010 to OAR 333-007-0100. 
 
3. Prior Labeling Approval
If your label has been previously approved by the Commission, but you want to make changes to the label, you do not need to resubmit the label for approval if you change any of the following:
  • Harvest or processing date;
  • Strain;
  • Test results, which includes lab information and THC/CBD concentration;
  • Net weight or volume; 
  • Harvest, process lot, or UID numbers
  • The deletion of any non-mandatory label information
  • The addition, deletion, or change in the UPC barcodes or 2D mobile barcodes (QR codes);
  • The addition, deletion, or change in the website address, phone number, fax number, or zip code of the licensee or registrant; or
  • The repositioning of any label information on the package as long as the label information is consistent with the labeling rules.
For more information about packaging and labeling, please read the Packaging and Labeling Guide.  If you have a question, please call 503-872-5459 or send an email to marijuana.packaging@oregon.gov.

 

Frequently Asked Questions 

Labeling Questions
 
Q: Is the phrase "pain relief" allowed on a label?
A: The phrase "pain relief" implies that the product will have a therapeutic or curative effect.  This claim cannot be made on a label unless the claim is supported by the totality of publicly available scientific evidence and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims. 
 
Q: Where should the ingredient list be placed on an edible label?
A: The ingredient list is placed on the same label panel as the name and address of the processor, packer, or distributor. This may be either the information panel or the principal display panel.
 
Q: Should the common or usual name always be used for the list of ingredients?
A: Always list the common or usual name for ingredients unless there is a regulation that provides for a different term. For instance, use the term “sugar” instead of the scientific name “sucrose. 
 
Q: How do I list ingredients on my edible label?
A: All ingredients must be listed in descending order of predominance by weight or volume.  Descending order of predominance means that the ingredient that weighs the most is listed first, and the ingredient that weighs the least is listed last. 
 
If you have an ingredient that is made out of other ingredients (i.e., your recipe includes chocolate chips, which are made out of sugar, chocolate, cocoa butter, milkfat, and soy lecithin), you must also list the sub ingredients in the ingredient statement.  The sub ingredients may be declared parenthetically following the name of the ingredient or may be declared by listing each ingredient in its order of predominance in the ingredient statement without naming the original ingredient.
 
Q: According to OAR 333-007-0090(2)(b), labels must comply with the National Institute of Standards and Technology (NIST) Handbook 130 (2016).  What is the NIST Handbook?
A: The NIST Handbook 130 contains guidance for uniform packaging and labeling regulations.  The regulations outlined in the NIST Handbook 130 must be followed when you are packaging and labeling your product.  For more information please follow this link: http://www.nist.gov/pml/wmd/pubs/hb130.cfm
 
Q: Can I use Clean Green Certified on my label?
A: Yes, as long as you have proof of certification.
 
Q: Does a vape cartridge need to be labeled? 
A: No.  The vape cartridge does not need to be labeled but the container that the cartridge is sold in must contain a label that meets the requirements set out in the labeling rules.
 
Q:  Can peel back labels be used?
A: No.  At this time, peel back labels are not allowed.  If the required label information does not fit on your package, you can use a flag label.
 
Q: My package is too small to fit all of the labeling requirements.  How do I meet the labeling requirements?
A: OAR 333-007-0090(4) provides that if a container is too small to fit all of the information required that container may have a label that includes at least the following in 8 point Arial, Helvetica, or Times New Roman font:
            (1) Net weight, product identity, and universal symbol;
            (2) Licensee or registrant business or trade name and licensee or registrant number;
            (3) For licensees, the UID number and for registrants, the batch or process lot number;
            (4) Concentration of THC and CBD; and
            (5) Required warnings (dependent on product type).
 
All other required label information not listed above must be contained on an outer container or package, or on a leaflet that accompanies the marijuana item.  If an outer container is used, all labeling information, including the information listed above, must be on the outer container.
 
Q: Does the universal symbol have to be in color?
A: Yes, the universal symbol must be in color.  Your label will not be considered compliant if the universal symbol is in black and white.
 
 
Packaging Questions
 
Q: Does my packaging need to be opaque?
A: No.  There is nothing in the packaging rules that requires your package to be opaque.
 
Q: Are lollipops considered attractive to minors?
A: It depends.  If the shape of the cannabinoid edible lollipop imitated the shape of a candy product marketed towards minors (e.g. Dum Dums®, Tootsie® Pops, Chupa Chups®, Blow Pop®, etc.), the edible would be considered attractive to minors.  However, if the product did not appear similar to those types of candy, the edible would not be considered attractive to minors.
 
 
Pre-Approval Process Questions
 
Q: What happens if I need to make a change to my label after it is approved?
A: A label that has been previously approved does not need to be resubmitted if the only changes to the label are changes to the: harvest date; processing date; strain; THC or CBD concentration; test date; batch test number; net weight or volume; harvest lot number; UID number; or process lot number. 
 
Additionally, you do not need to resubmit your label if you delete any non-mandatory information or if you add, delete or change a UPC barcode; 2D mobile barcode; website address; phone number; or zip code of the licensee or registrant.  If you make any other change to your label, you must resubmit your label to the pre-approval process and pay a $25 application fee.
 
Q:  I have two packages that I want approved.  Do I need to submit two separate applications?
A: It depends.  If the two packages are the same except for size or color, they may go on the same application.  In order to put two packages on one application, the packages must be made of the same material, be the same shape, and use the same closing mechanism - they must be identical except that there are two different sizes or colors. If the packages are not the same, they must be put on two different applications.
 
Similarly, a licensee, applicant or registrant may submit labeling for approval on the same application for a product that has different flavors, colors, or sizes if the product and label are otherwise identical. Applications for approval of packaging and labeling under this section are subject to a single application fee. 
 
Do you have a question that you would like to see on the FAQ?  Send an email to marijuana.packaging@oregon.gov with the question.
 
 
 

Packaging and Labeling Workshops 

Workshops across the state of Oregon are designed to provide recreational marijuana licensees and medical marijuana registrants information on new guidelines for recreational and medical marijuana packaging and labeling.
 Date  Location
Monday, July 11, 2016
1 p.m.
Eugene, Oregon 
Lane Community College
​​Tuesday, July 12, 2016
9 a.m.
 
​Ashland, Oregon
Southern Oregon University
Thursday, July 14, 2016
9 a.m.
Bend, Oregon
The Riverhouse
Tuesday, July 19, 2016
9 a.m. and 1 p.m.
​Portland, Oregon
Oregon Liquor Control Commission Main Office
​Thursday, July 21, 2016
9 a.m.
​Portland, Oregon
Oregon Liquor Control Commission Main Office