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This entry was published on 2021-04-09
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SECTION 81
Packaging, labeling, and administration of adult-use cannabis products
Cannabis (CAN) CHAPTER 7-A, ARTICLE 4
§ 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.