KRS § 217.039 — KY Code / Title XVIII / Chapter 217 / Section 217.039
217.039 Ingestible or cosmetic cannabidiol products -- Manufacturer or processor to be permitted -- Labeling and certificate of analysis requirements -- Cannabis-infused beverages
Status: in_force

217.039 Ingestible or cosmetic cannabidiol products -- Manufacturer or processor

to be permitted -- Labeling and certificate of analysis requirements --

Cannabis-infused beverages.

(1) As used in this section:

(a) "Cannabidiol" means a non-psychoactive cannabinoid found in the hemp

plant Cannabis sativa which has the chemical name 2-[(1R,6R)-3-methyl-6-

prop-1-en-2-ylcyclohex-2-en-1-yl]-5-pentylbenzene-1,3-diol;

(b) "Certificate of analysis" means a document produced by a laboratory that has

been accredited pursuant to standards of the International Organization for

Standardization, attesting to the composition of a product. The certificate of

analysis shall include but not be limited to the amount of delta-9

tetrahydrocannabinol, the amount of other cannabinoids, the amount of

pesticide residues, the amount of heavy metal traces, the amount of mycotoxin

contaminants, the amount of residual solvents, and the amount of

microbiological contaminants;

(c) "Hemp" has the same meaning as in KRS 260.850; and

(d) "Quick response code" or "QR code" means a type of machine-readable, two

(2) dimensional bar code that stores information about a product.

(2) A manufacturer or processor of ingestible or cosmetic cannabidiol products located

in Kentucky shall:

(a) Be permitted as a food manufacturer or a cosmetic manufacturer by the

cabinet and shall provide the following information:

1. The name of the manufacturer or processor and the physical address

where production or processing occurs; and

2. A listing of the cannabidiol products to be produced or processed; and

(b) Obtain a certificate of analysis for all cannabidiol products to be sold or

otherwise distributed in the Commonwealth.

(3) All ingestible or cosmetic cannabidiol products sold or otherwise distributed in the

Commonwealth shall bear labeling to allow the consumer to access information on

the product, including a certificate of analysis for the product, the location where

the hemp was grown, and the address and phone number of the manufacturer or

distributor using the following:

(a) A scannable bar code, including the batch number or serial number of the

product;

(b) A QR code; or

(c) A web address linked to a document or website.

(4) Any product labeling or advertising material for any ingestible or cosmetic

cannabidiol product sold or otherwise distributed in the Commonwealth shall not

bear any claims stating that the product can diagnose, treat, cure, or prevent any

disease.

(5) The cabinet shall promulgate administrative regulations in accordance with KRS

Chapter 13A to establish labeling requirements for ingestible or cosmetic

cannabidiol products in accordance with of this section.

(6) (a) The cabinet shall regulate and license manufacturers of cannabis-infused

beverages.

(b) After the Department of Alcoholic Beverage Control has promulgated

administrative regulations under KRS 243.401 or July 1, 2026, whichever is

earlier, this section shall not apply to any distributor or retailer of cannabis-

infused beverages licensed under KRS Chapters 241 to 244. The distribution

and retail sale of cannabis-infused beverages shall then be regulated solely by

the Department of Alcoholic Beverage Control under KRS Chapter 243 and

the administrative regulations promulgated thereto.