Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.120 - Packaging, Labeling, and Product Design

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Under Article XIV, Sections 1 and 2 of the
				  Missouri Constitution, the Department of Health and Senior Services is
				  authorized to promulgate rules necessary to ensure the safe use of marijuana
				  product, including rules related to labeling and packaging standards. This rule
				  explains what packaging, labeling, and product design regulations apply to all
				  medical and marijuana facility licensees.
(1) All marijuana product shall be produced,
				packaged, and labeled in a manner that protects public health and is not
				attractive to children.
(A) No marijuana
				product may be manufactured, packaged, or labeled in a false or misleading
				manner, such as by inaccurately representing product ingredients.
(B) Product and packaging design.
1. No marijuana product or packaging may be
				designed using the shape or any part of the shape of a human, animal, or fruit,
				including realistic, artistic, caricature, or cartoon renderings.
2. No marijuana product or packaging may be
				designed in such a way as to cause confusion between a marijuana product and
				any product not containing marijuana, such as where products or packaging are
				visually similar to any commercially similar product that does not contain
				marijuana.
3. All marijuana product
				packaging, with the exception of marijuana seeds and plants, shall be
				resealable, opaque, and certified as child resistant. Where marijuana product
				is packaged in a series of containers, the container closest to the product,
				excluding methods of administration or wrappers, must be compliant with this
				requirement.
4. All marijuana
				product packaging, with the exception of marijuana seeds and plants, shall be
				constructed from FDA-approved food contact substances. Where marijuana product
				is packaged in a series of containers, the container closest to the product,
				including methods of administration or wrappers, must be compliant with this
				requirement, unless the department approves application of this rule to a
				different container in the series.
5. All marijuana product packaging design,
				including that for exit packaging, may only utilize-
A. Limited colors, including a primary color
				as well as up to two (2) logos or symbols of a different color or colors,
				whether images or text, including brand, licensee, or company logos, provided
				that the widest part of a logo or symbol is no wider than the length or height,
				whichever is greater, of the word "Marijuana" on the packaging;
B. A product name;
C. Text indicating side effects and
				behavioral effects of usage;
D. A
				label required by this rule; and
E.
				A QR code linking to a website where a purchaser can learn more about the
				product.
6. Marijuana
				product packaging must be in compliance with applicable local, state, and
				federal requirements.
(C)
				Labeling. Except as specifically identified herein, labeling requirements apply
				to containers, wrappers, packages, and methods of administration that contain
				marijuana product, except seeds or plants. The labels required herein are not
				required on the paper for prerolls.
1. Unless
				alternative placement of "Marijuana" or the universal symbol has been approved
				by the department, all marijuana product shall be clearly and conspicuously
				labeled with "Marijuana" printed at least as large as any other words used, as
				well as a prominently displayed universal symbol in red and white print that
				consists of the following:
A. A diamond
				containing the letters "THC";
B.
				The letter "M" located under the "THC" within the diamond; and
C. For infused products, the number of
				milligrams of THC in the package, placed directly under the diamond.
2. Unless alternative placement of
				a label has been approved by the department, the marijuana product container
				closest to the product shall bear a label displaying only the following
				information, in the following order, from top to bottom and left to right:
A. All active and other ingredients, which
				shall not include groupings of ingredients that obscure the actual ingredients,
				such as "natural flavors" or "botanically derived terpenes" and shall include
				solvents used in the manufacturing process;
B. Servings and doses per package for
				marijuana licensees or doses per package for medical licensees;
C. A "best if used by" date;
D. The license number of the licensed entity
				from which the final marijuana product originated;
E. The testing licensee where the final
				marijuana product passed mandatory testing;
F. The state-wide track and trace system tag
				number associated with the mandatory testing results for the final marijuana
				product;
G. The exact total weight
				of the marijuana included in the package-
(I)
				For dried, unprocessed marijuana, concentrates, prerolls, and infused prerolls,
				weight shall be listed in grams;
(II) For infused products other than infused
				prerolls, weight shall be listed by milligrams of delta 9
				tetrahydrocannabinol;
H.
				The exact delta-9-tetrahydrocannabinol ([DELTA]9-THC),
				delta-9-tetrahydrocannabinolic acid ([DELTA]9-THCA), cannabidiol (CBD),
				cannabidiolic acid (CBDA), cannabinol (CBN), tetrahydrocannabivarin (THCV),
				cannabidivarin (CBDV), and delta 8 tetrahydrocannabinol ([DELTA]8-THC) per
				serving/dose, listed in milligrams;
I. Results of terpene analysis, if tested
				during mandatory testing;
J.
				Instructions for use;
K. Estimated
				length of time the serving or dosage will have an effect;
L. The department-issued product packaging
				approval number;
M. The following
				warning: "Cognitive and physical impairment may result from the use of
				marijuana. Keep out of reach of children."
3. Marijuana seeds and plants shall be
				clearly and conspicuously labeled with "Marijuana" printed at least as large as
				any other words used on the packaging and a universal symbol designed as
				described in this rule.
A. Marijuana seed
				packaging must bear a label with the strain information.
B. Marijuana plant packaging must bear a
				label with the strain information and propagation date.
4. Marijuana product packaging may not
				contain any information other than that specifically required by this
				subsection, except information to be in compliance with applicable local,
				state, and federal requirements.