Prior to an industrial hemp-derived vapor item being sold or transferred to a consumer, the container holding industrial hemp-derived vapor item must have a label that has the following information:

1. (1) The hemp vapor item manufacturer’s business, trade name, or personal name, and, if applicable, Oregon Department of Agriculture license number;
2. (2) Product identity that correctly identifies the item as either an industrial hemp concentrate or extract;
3. (3) On or after July 1, 2023, a lot number or batch number;
4. (4) Date the industrial hemp-derived vapor item was made;
5. (5) Net weight or volume in U.S. customary and metric units;
6. (6) Serving size and number of servings per container;
7. (7) Amount, in milligrams, of THC and CBD in each serving and in the container;
8. (8) Activation time, expressed in words or through a pictogram;
9. (9) Name of the laboratory that performed any test and any test analysis date;
10. (10) Hemp symbol;
11. (11) A statement that reads: “This product is not approved by the FDA to treat, cure, or prevent any disease”;

12. (12) Warnings that state:

    1. (a) “This product is derived from hemp and could contain THC. Keep out of reach of children.”
    2. (b) “DO NOT EAT” in bold, capital letters.

13. (13) For industrial hemp-derived vapor items that combine industrial hemp extract and concentrate:

    1. (a) The product identity must indicate the item has industrial hemp extract and concentrate.
    2. (b) List all ingredients in descending order of predominance by weight or volume.

14. (14) For industrial hemp-derived vapor items that contain non-cannabis additives:

    1. (a) The product identity must clearly identify that the product contains non-cannabis additives and, in addition to the other requirements of OAR 845-026-7000 to 845-026-7070, must include the words “non-cannabis additive.”
    2. (b) In addition to the other ingredients in the industrial hemp-derived vapor item, for each non-cannabis additive used, the ingredient listing must contain the words “non-cannabis additive” in a manner that clearly distinguishes each additive from any other additives.

    3. (c) All of the ingredients in the non-cannabis additive:

       1. (A) Must be listed either alphabetically or in descending order of predominance by weight or volume; and

       2. (B) Must be listed on:

          1. (i) The label’s ingredient list as sub-ingredients of the ingredient term “non-cannabis additive”; or
          2. (ii) An insert within the product’s container that clearly indicates that the ingredients listed are contained within the industrial hemp-derived vapor item that contain non-cannabis additives.

Statutory/Other Authority

ORS 475C.604, 475C.233 & 475C.237

Statutes/Other Implemented

ORS 475C.604

History

OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 19-2022, minor correction filed 02/25/2022, effective 02/25/2022
OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022