Rule 40-32-5-.04. Packaging of Consumable Hemp Products

Rule 40-32-5-.04. Packaging of Consumable Hemp Products

1. (1) Packaging Minimum Requirements. Consumable hemp products in final packaged form shall utilize packaging that meets the following minimum requirements:

   1. (a) Packaging shall protect the consumable hemp product from contamination and exposure to any toxic or harmful substance;
   2. (b) Packaging shall be tamper-evident;
   3. (c) Packaging shall be child resistant;
   4. (d) Packaging shall not be attractive to children;
   5. (e) Packaging shall not bear a reasonable resemblance to any existing candy, snack, or other food product that is widely distributed and familiar to the public;
   6. (f) Packaging shall not infringe on any trade dress, trademark, branding, or other related materials as described in O.C.G.A. § 10-1-440 et seq. or in Chapter 22 of Title 15 of the United States Code;
   7. (g) Packaging shall not suggest the consumable hemp product constitutes or contains low-THC oil, medical marijuana, or medical cannabis.
   8. (h) Packaging shall not mislead potential or actual consumers as to the contents of the package;
   9. (i) Packaging for consumable hemp products that contain more than one serving shall be resealable, with the exclusion of consumable hemp products in the form of vapes.
   10. (j) Packaging for consumable hemp products in the form of a tincture shall be packaged in such a way as to include a calibrated dropper or similar device for measuring a single serving.

Authority: O.C.G.A. §§ 2-2-9; 2-23-1 et seq.

History. Original Rule entitled "Packaging of Consumable Hemp Products" adopted. F. Dec. 19, 2024; eff. Jan. 8, 2025.