On March 7, 2019 the California Division of Public Well being (“CDPH”), which regulates hashish producers, dropped a brand new checklist of up to date assets for packaging and labeling. Anybody on the CDPH’s e mail checklist ought to have obtained a replica. The discover was shortly picked up the Bureau of Hashish Management (“BCC”), which regulates retailers and distributors, and is accessible right here.
The discover is important as a result of it comprises three new checklists primarily based on product kind (hashish, pre-rolls, and manufactured items), and a hyperlink to up to date grasp packaging and labeling FAQs. This can be sure you assist licensees with compliance and is way more person pleasant than the scouring via the dense rules.
However one of many actually necessary elements of the discover is the next language:
Expectations for Compliance: Hashish and hashish product packaging that was compliant below the emergency rules however is not compliant below the everlasting rules might be transferred to a licensed distributor till June 30, 2019. Licensed retailers could promote these hashish merchandise via December 31, 2019.
Licensees must be actively taking steps to transition their packaging and labeling into compliance with the rules. Suggestions for licensees to transition into compliance with the labeling necessities:
- Use stickers to switch current packaging – Stickers can be utilized to cowl non-compliant labeling or to replace/add further labeling info to outer or inside containers.
- Repackage utilizing compliant packaging – Producers can repackage hashish merchandise on their premises. Youngster-resistant packaging necessities could also be fulfilled utilizing child-resistant exit packaging at retail throughout 2019, lowering the price of repackaging merchandise.
In different phrases, it appears to be like just like the CDPH shall be stress-free a few of it new necessities that got here into impact with the ultimate rules, if product packaging was compliant with the readopted emergency rules. That is key, as a result of as I wrote again in early January, there wasn’t actually a transitional interval within the rules for many merchandise. Somewhat than bake this into the regs, the businesses apparently will merely view this as some kind of compliance expectation. It’s solely too dangerous that this wasn’t introduced a number of months in the past.
There are two necessary notes: First, the above language concerning expectations refers to packaging and never labeling. Nevertheless, this may increasingly have been unintentional because the first bullet-point truly refers to labeling. Second, the CDPH has no jurisdiction over distributors or retailers, so its statements regarding what they could do is inferior to the BCC saying the identical factor. Nevertheless, when the BCC printed this discover, that most likely indicated its settlement with the CDPH’s place.
Keep tuned to the Canna Regulation Weblog for extra particulars on California hashish labeling.