WASHINGTON: The “Not for Kids” warning symbol will be required to be placed on all packages of marijuana products meant to be eaten or swallowed effective February 14, 2017. The Board recognizes that changing packaging requires time which is why the effective date was extended to 90 days after adoption in mid-February; enforcement of the new requirement will commence at the same time. For your convenience the basic requirements are listed below as well as links to the rules and additional information.
Note: We have received questions about what constitutes a “principal display panel.” The term was included for those packages that do not have a “front” to the packaging, such as a round container or other similar packaging. The principal display panel is what is presented to the consumer under conditions of retail sale. For example, what the consumer will view when the product is displayed on a shelf or case. The principal display panel is not on the back of the package.
1. The warning symbol cannot be any smaller than three-fourths inch in height by one-half inch in width. It must be of a size so as to be legible, readily visible by the consumer, and effective to alert consumers and children that the product is not for kids.
2. The warning symbol must be placed on the “principal display panel” or front of the package.
a. “Principal display panel” is defined as the portion(s) of the surface of the immediate container, or of any outer container or wrapping, which bear(s) the labeling designed to be most prominently displayed, shown, presented, or examined under conditions of retail sale.
b. “Immediate container” means the external container holding the marijuana product.
3. The symbol can be placed on the package/label in threeways:
a. The digital image can be incorporated onto labels for marijuana edible products;
b. The digital image may be downloaded and used to print stickers for placement on the front of marijuana edible products; or
c. Licensees may choose to purchase stickers of the “Not for Kids” warning symbol for placement on the front of marijuana edible products.
4. The symbol or stickers cannot cover or obscure any other information required to be on packages or labels for marijuana products.
5. The symbol is trademarked and cannot be changed in any way other than for sizing purposes, except that a licensee must use a black border around the edges of the white background of the warning symbol image when the label or packaging is also white to ensure visibility of the warning symbol.
A digital image of the warning symbol can be found at the Washington Poison Center’s website and additional information is available on the WSLCB website. You can view the rules as adopted by the Board on the WSLCB’s Recently Adopted Rules webpage
The new section appears in the Legislature’s website under WAC 314-55-106. The Legislature’s website contains the most current information and versions of all laws and rules in the state.