1. (1) As is necessary to protect the public health and safety, and in consultation with the Oregon Health Authority and the State Department of Agriculture, the Oregon Liquor and Cannabis Commission shall adopt rules establishing standards for the labeling of marijuana items and inhalant delivery systems that contain industrial hemp-derived vapor items, including but not limited to:

   1. (a) Ensuring that usable marijuana, cannabinoid concentrates and extracts, cannabinoid edibles, other cannabinoid products and inhalant delivery systems that contain industrial hemp-derived vapor items have labeling that communicates:

      1. (A) Health and safety warnings;
      2. (B) If applicable, activation time;
      3. (C) Potency;
      4. (D) For cannabinoid products and cannabinoid concentrates and extracts, serving size and the number of servings included in a cannabinoid product or cannabinoid concentrate or extract package; and
      5. (E) Content of the marijuana item or inhalant delivery system that contains an industrial hemp-derived vapor item; and
   2. (b) Labeling that is in accordance with applicable state food labeling requirements for the same type of food product or potable liquid when the food product or potable liquid does not contain marijuana or cannabinoids.
2. (2) In adopting rules under ORS 475C.770 to 475C.919, the authority shall require all usable marijuana, cannabinoid products and cannabinoid concentrates and extracts transferred by a medical marijuana dispensary registered under ORS 475C.833 to be labeled in accordance with subsection (1) of this section and rules adopted under subsection (1) of this section.
3. (3) In adopting rules under ORS 475C.005 to 475C.525, the commission shall require all usable marijuana, cannabinoid products and cannabinoid concentrates and extracts sold or transferred by a marijuana retailer that holds a license issued under ORS 475C.097 to be labeled in accordance with subsection (1) of this section and rules adopted under subsection (1) of this section.

4. (4) In adopting rules under subsection (1) of this section, the commission:

   1. (a) May establish different labeling standards for different varieties of usable marijuana, for different types of cannabinoid products and cannabinoid concentrates and extracts and for inhalant delivery systems that contain industrial hemp-derived vapor items;
   2. (b) May establish different minimum labeling standards for persons registered under ORS 475C.770 to 475C.919 and persons licensed under ORS 475C.005 to 475C.525;
   3. (c) Shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate consumer of the marijuana item or inhalant delivery system that contains an industrial hemp-derived vapor item; and
   4. (d) May not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

[Formerly 475B.605]