N.Y. Cannabis Law § 81: Packaging, labeling, and administration of adult-use cannabis products

§ 81. Packaging, labeling, and administration of adult-use cannabis

products. 1. The board is hereby authorized to promulgate rules and

regulations governing the advertising, branding, marketing, packaging,

labeling and unconventional methods of administration or ingestion, of

cannabis products, sold or possessed for sale in New York state,

including rules pertaining to the accuracy of information and rules

restricting marketing and advertising to youth.

2. Such regulations shall include, but not be limited to, requiring

that:

(a) packaging meets requirements similar to the federal "poison

prevention packaging act of 1970," 15 U.S.C. Sec 1471 et seq.;

(b) prior to delivery or sale at a retailer, cannabis and cannabis

products shall be labeled according to regulations and placed in a

resealable, child-resistant package; and

(c) packages, labels, shapes and products shall not be made to be

attractive to or target persons under the age of twenty-one.

3. Such regulations shall include requiring labels warning consumers

of any potential impact on human health resulting from the consumption

of cannabis products that shall be affixed to those products when sold,

if such labels are deemed warranted by the board and may establish

standardized and/or uniform packaging and labeling requirements for

adult-use products.

4. Such rules and regulations shall establish methods and procedures

for determining serving sizes for cannabis products, active cannabis

concentration per serving size, and number of servings per container or

package, and the methods of separating or clearly delineating servings

within a container or package. Such regulations may also require a

nutritional or supplement fact panel that incorporates data regarding

serving sizes and potency thereof.

5. Such rules and regulations shall establish approved product types

and forms and establish an application and review process to determine

the suitability of new product types and forms, taking into

consideration the consumer and public health and safety implications of

different product varieties, manufacturing processes, product types and

forms, the means and methods of administration associated with specific

product types, and any other criteria identified by the board for

consideration to protect public health and safety.

6. Such regulations shall also require product labels to accurately

display the total THC of each product.

7. The packaging, sale, marketing, branding, advertising, labeling or

possession by any licensee of any cannabis product not labeled or

offered in conformity with rules and regulations promulgated in

accordance with this section shall be grounds for the imposition of a

fine, and/or the suspension, revocation or cancellation of a license in

accordance with the provisions of this chapter.