On November 28, the OLCC released Bulletin CE2018-09 outlining the OLCC’s position and required label changes for cannabinoid extracts and concentrates containing added substances. The new OLCC labeling and packaging rules (OAR 845-025-7000 et seq) went into effect on August 15. But since then, the OLCC has identified concerns regarding cannabinoid extracts and concentrates with added substances, specifically how those items should be described and how their ingredients detailed for consumers. This bulletin serves as a guideline to address these concerns as well as identify the ingredient documentation required to support the ingredient descriptions.
Licensees must fully and accurately “capture” all ingredients in the products, including terpenes, flavors, and glycerin. The OLCC provided a list of approved descriptors: “non-marijuana derived terpenes and artificial and/or natural flavors.” (Emphasis in the original.)
The OLCC also gave examples of the required format, such as these for extracts:
- Ingredients: Marijuana extract, non-marijuana derived terpenes, artificial and natural flavors;
- Ingredients: Marijuana extract, non-marijuana derived terpenes, artificial flavors;
- Ingredients: Marijuana extract, non-marijuana derived terpenes, natural flavors;
- Ingredients: Marijuana extract, artificial and natural flavors;
- Ingredients: Marijuana extract, natural flavors; or
- Ingredients: Marijuana extract, artificial flavors.
Although “other cannabinoid product” and “cannabinoid product” are the terms used in the current OARs, the OLCC is requiring more descriptive names for the product labels. Like with ingredient lists, the OLCC similarly provided examples of acceptable product descriptions, such as these for extracts:
- Marijuana Extract with Non-Marijuana Derived Terpenes;
- Marijuana Extract Flavored with Natural and/or Artificial Flavors; or
- [Strain Specific] Flavored Marijuana Extract, for example – Blue Dream Flavored Marijuana Extract.
To approve a label, the licensee “must submit to the OLCC documentation from any supplier of added substances as defined by OAR 845-025-7000(2) included in the marijuana product that states the following: Business information (name of business, address, phone number, email); List of products supplied to your business; What ingredients are in each supplied product, including but not limited to, artificial and/or natural flavors, vegetable glycerin, fractionated coconut oil (MCT oil), and propylene glycol; and Certificates of analysis for each product.”
Sell Down Period
All affected licensees will need to submit new label pre-applications along with the required ingredient documentation.
Recognizing that there is existing inventory that will not have labels reflecting the information specified in the bulletin, the OLCC included a sell down period for existing inventory:
Licensees with approved labels may sell-down their existing label inventory through June 1, 2019. After June 1, 2019, products with non-conforming labels cannot be transferred or sold and the label will be considered untruthful and misleading and will be in violation of the OLCC’s rules.
Those with pending applications may, once their pending applications are approved, may sell down their label inventory through June 1, 2019, or may resubmit their labels along with the required information to comply with the bulletin under their existing label applications.
A complete copy of Bulletin CE2018-09 can be found here and should be reviewed in its entirety.
Note that this article is for general informational purposes only and is not intended for legal advice. Reading of this article does not create an attorney-client relationship. We cannot and do not offer any warranties or guarantees about anything said in this article. It contains a basic summary of a detailed and nuanced legal position that we hold and was arrived at for our own purposes with our lawyer. If you have any questions or concerns you should consult with an attorney.