New Rules Provide Opportunity for Limited Product Sell Down
Updated Compliance Information:
Labeling Example, Metrc Guide
OREGON: The OLCC is providing additional information regarding the implementation of and compliance with new additive rules. The rules, enacted in December 2020, impact all OLCC marijuana licensees and industrial hemp certificate holders. The first of these rules takes effect April 1, 2021. A more detailed explanation of the requirements can be found in Compliance Bulletin CE2020-07 along with links to the rules.
These rules apply to “Inhalable Cannabinoid Products with Non-cannabis Additives” (“ICP”). Generally speaking, ICPs are cannabinoid products that are meant for human inhalation and have been combined with non-cannabis ingredients like non-cannabis terpenes or flavorings. The most common example is a vape cartridge with flavorings. See the definitions in 845-025-1015(44) and (64).
There are two important dates for licensees in these rules: April 1, 2021 and July 1, 2021:
- On and after April 1, 2021, all ICPs manufactured or processed must comply with the new rule requirements.
- On and after April 1, 2021, all ICPs (including those made before April 1, 2021) must be correctly categorized in Metrc and, in the case of items held by processors, have their ingredients properly recorded in Metrc. (See 845-025-3270 for the requirements regarding categorization and ingredient tracking.)
Licensees with these products in their inventory must make these changes by April 1, 2021. Licensees are able to create the requisite item category in Metrc; an upcoming system enhancement in Metrc will provide the functionality for entry of ingredient tracking by processors. See this Metrc guide for more information.
- There is a limited “sell down” period for ICPs made before April 1, 2021. Processors may transfer ICPs made before April 1, 2021 that do not comply with the new rule requirements until June 30, 2021. As of July 1, 2021 licensees can neither transfer nor possess products that do not meet the new rule requirements. See Compliance Bulletin CE2020-07 for more detail.
There are required labeling changes:
- All labels for ICPs created on and after April 1, 2021 must have labels that are compliant with the new rules (and meet the other applicable rule requirements);
- The product identity must contain the words “non-cannabis additive”;
- All ingredients in the product must be listed either on the label or an insert accompanying the label. The ingredient listing must also contain the words “non-cannabis additive.” An example of a new label can be found here and an example of an old label can be found here;
- Licensees must submit “manufacturer documentation” that adheres to the requirements of 845-025-3265(1) and “Non-cannabis Additive Documentation” as part of their label submissions; and
- Licensees may no longer utilize generic labels for ICPs created on and after April 1, 2021.
Questions related to the rules or labeling should be directed to firstname.lastname@example.org.
Questions related to Metrc should be directed to email@example.com.