N.Y. Comp. Codes R. & Regs. tit. 9 § 128.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128.6 - Cannabis Product Labeling Prohibitions

(a) No cannabis product package, including an exit package, shall display any content or be labeled in any manner that:

(1) is attractive to individuals under twenty-one as defined in 128.1(c) of this Part;

(2) includes any false or misleading statements, images, or other content including, but not limited to, any health claims;

(3) includes the term "organic" unless describing the product's ingredients and in compliance with Title 7, as it relates to Agriculture, of the Codes of Federal Regulations sections 205.600 to 205.607 (sections 205.608 -205.619), regarding the USDA National list of Allowed and Prohibited Substances such that the product contains at least 70 percent certified organic ingredients (not including salt or water);

(4) includes the term "craft" unless the processor is designated by the Office as processing craft products;

(5) includes the term "gluten-free" unless the product meets the term as defined in Title 21, as it relates to Food and Drugs, of the Codes of Federal Regulations section 101.91;

(6) includes the term "vegan" unless the product contains no animal products;

(7) includes the term "kosher" unless the product is packaged and labeled in compliance with section 201-a of the Agriculture and Markets Law;

(8) causes a reasonable consumer confusion as to whether the cannabis product is trademarked, marked or labeled in a manner that violates any federal trademark law or regulation;

(9) portrays cannabis or cannabis products as being authorized under or part of Article 3 or Article 5 of the Cannabis Law;

(10) depicts cannabis products or paraphernalia;

(11) promotes overconsumption;

(12) promotes price, price reductions, or any other discount, customer loyalty program, or coupon, except as part of an environmental sustainability program pursuant to Section 128.4(a) of this Title or otherwise approved by the Office;

(13) includes a special branding material, unless the use of such special branding material is authorized and complies with this Part; or

(14) violates any other prohibitions as set out by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 128.6

Adopted New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023