What Are The Specific Packaging And Labeling Requirements For Marijuana Products in Delaware?The Delaware Department of Health and Social Services (DHSS), Division of Public Health (DPH) has specific packaging and labeling requirements for marijuana products. The labelling and packaging for marijuana products must include the following:
• The retail dispensary’s license number;
• The date that the product was packaged;
• The brand name of the product;
• The name of the licensee that manufactured the product;
• The name of the licensee that processed the product;
• The lot or batch number of the product;
• A list of all ingredients in the product;
• The net weight or volume of the product;
• A statement of the total THC amount in milligrams;
• A statement that marijuana products can impair concentration, coordination, and judgment;
• A statement that marijuana products are not recommended for use by pregnant women or mothers who are breastfeeding;
• A warning that marijuana products are intended for use by adults 21 years of age and older;
• A statement that there may be health risks associated with the consumption of marijuana products; and
• A statement that it is illegal to drive while under the influence of marijuana.
Are There Rules Regarding Child-Resistant Packaging For Marijuana Products in Delaware?Yes, the Delaware Department of Health and Social Services requires child-resistant packaging for all medical and adult-use cannabis products. The packaging must meet ASTM D3475-17 standards for child-resistant packaging. Additionally, the packaging must be tamper-evident and have a warning label that states, “Keep out of reach of children.”
What Information Must Be Included On The Label Of A Marijuana Product in Delaware?The label of a marijuana product in Delaware must include the following:
1. The name and address of the business licensed to cultivate, process, or dispense the product;
2. The net weight or volume of the product;
3. A list of all ingredients;
4. A description of any added flavors or colors;
5. An expiration date;
6. The batch number;
7. Directions for use;
8. Warnings regarding impaired driving, the potential for addiction, and other potential risks associated with the product;
9. The statement “This product contains marijuana”;
10. Any other information required by the state’s Department of Health.
Are There Size And Design Specifications For Marijuana Product Labels in Delaware?Yes, the Delaware Department of Health and Social Services requires that all marijuana product labels include certain information and follow a specific design. This includes a warning symbol, the product’s THC concentration, a warning statement about the product’s intoxicating effects and health risks associated with the product, a warning not to drive or operate heavy machinery after consuming marijuana, and a statement that the product is only for use by adults 21 years of age or older. The overall size of the label must also be no less than 10 square inches, with a minimum font size of 8 points for text. These labeling requirements are in effect for both medical and adult-use marijuana products.
How Are Dosing Instructions Provided On Packaging And Labels For Edibles And Other Products in Delaware?Dosage instructions for edibles and other products in Delaware must be clearly labeled on the packaging. The packaging must also list any potential side effects, contraindications, or warnings associated with use of the product. The minimum and maximum dosage should also be clearly stated. The labeling must also include appropriate storage instructions and expiration date to ensure safety and quality.
Are There Requirements For Including Warnings And Health-Related Information On Labels in Delaware?Yes, the Delaware Department of Agriculture requires that food and beverage labels must include the following information:
• Allergen warnings, if applicable.
• Nutritional information, including total fat, saturated fat, cholesterol, sodium, and carbohydrates.
• Appropriate health-related messages (e.g., “This product may contain traces of peanuts” or “Limit your intake of saturated fats”).
• Alcoholic beverage labels must include a warning against drinking during pregnancy.
Do Labeling Regulations Differ Between Medical And Recreational Marijuana Products in Delaware?Yes, labeling regulations for medical and recreational marijuana products in Delaware differ. For medical marijuana, all products must include a label identifying the licensee’s name and address, the license number, the name of the product, the amount of active ingredients in the product, a QR code linking to a website with information about the product, warnings about the use of marijuana and its intoxicating effects, and any other information required by rule or regulation. For recreational marijuana products, all products must include a label that identifies the licensee’s name and address, the license number, the name of the product, the amount of active ingredients in the product, a QR code linking to a website with information about the product, warnings about consuming marijuana while pregnant or breastfeeding, warnings about driving under the influence of marijuana, warnings about mixing marijuana with alcohol or other drugs, warnings about sharing marijuana with minors, and any other information required by rule or regulation.
What Are The Rules For Labeling Marijuana Products With Regard To Thc And Cbd Content in Delaware?In Delaware, all cannabis products must be labeled with the following information:
1. A clear description of the cannabis product, such as the name of the strain or type and its form (i.e. flower, concentrate, edible).
2. The total THC and CBD content in milligrams (mg) per gram or milliliter (ml) as applicable.
3. A warning that the product contains THC and/or CBD.
4. The weight in grams or volume in milliliters of the cannabis product.
5. The name and address of the producer or retailer of the cannabis product.
6. A list of all ingredients or a statement that “Ingredients: Cannabis and other natural ingredients” if applicable.
7. Directions for use of the cannabis product, including any warnings relevant to that product (i.e., edible products must include a warning about the delayed onset of effects).
8. Identification of any chemicals, solvents, or other materials used in the production of the cannabis product, if applicable (i.e., concentrates must include a list of any solvents used).
9. The date on which the cannabis product was manufactured and/or packaged (if applicable).
10. Any other information required by law or regulation relating to safety, health, or consumer protection.
Are There Specific Requirements For Labeling And Packaging Of Marijuana Concentrates in Delaware?Yes, there are specific requirements for labeling and packaging of marijuana concentrates in the state of Delaware. Marijuana concentrate products must meet the labeling and packaging requirements established by the Delaware Medical Marijuana Act and Regulations. The required labeling information includes: (1) a universal symbol indicating that the product contains marijuana in a form other than plant; (2) the product’s net weight; (3) a list of all ingredients; (4) a statement specifying the amount of THC, CBD, and other cannabinoids per serving; (5) warnings about the potential intoxicating effects of consuming marijuana products; (6) warnings about the potential health risks associated with consuming marijuana products; (7) the date of cultivation or manufacture; and (8) directions for safe storage or disposal. Additionally, all marijuana concentrate products must be packaged in child-resistant containers that clearly display the required labeling information.
What Symbols Or Icons Must Be Used To Indicate Thc Content, Child Resistance, Or Other Key Information in Delaware?In Delaware, the Delaware Board of Pharmacy has established specific labeling requirements for medical marijuana. These include the following symbols and icons to indicate THC content, child resistance, and other key information:
1. THC Content Symbol – a “THC” symbol must appear on any package containing medical marijuana product that has more than 0.3 percent THC content.
2. Child-Resistant Symbol – Packages containing medical marijuana products must include a “CR” symbol that indicates the product is in a child-resistant container.
3. Warning Symbol – Packages containing medical marijuana products must include a warning symbol indicating that the product contains THC and should not be used by individuals under the age of 21.
4. Manufacturer Identification Symbol – Packages containing medical marijuana products must include the manufacturer’s logo or other form of identification.
Do Labels Need To Include The Results Of Laboratory Testing For Potency And Contaminants in Delaware?Yes. The Delaware Medical Marijuana Act requires that all medical marijuana be tested for potency and contaminants. Labels must include the results of laboratory testing for potency and contaminants.
How Are Marijuana Packaging And Labeling Violations Enforced, And What Are The Penalties in Delaware?Marijuana packaging and labeling violations in Delaware are enforced by the Delaware Division of Public Health (DPH). Penalties for marijuana packaging and labeling violations in Delaware can range from civil fines to administrative sanctions including closure of licensed business operations. Civil fines can range from $100-$2,000 for the first offense and up to $5,000 for subsequent offenses. Administrative sanctions can include suspension or revocation of a license and/or other enforcement actions. Criminal penalties are also possible for violations of the state’s marijuana packaging and labeling regulations. Possession of marijuana in excess of the legal limit is a misdemeanor offense that carries a sentence of up to six months in jail and/or a fine of up to $1,000.
Is There A Mechanism For Consumers To Report Labeling Discrepancies Or Concerns in Delaware?Yes, consumers in Delaware can report labeling discrepancies or concerns to the Department of Agriculture’s Food Safety Section. Consumers can call 302-698-4500 or file a complaint online at http://www.doe.delaware.gov/foodsafety/foodlabels.shtml.
Do Marijuana Product Labels Need To Include Information About Responsible Consumption in Delaware?Yes, marijuana product labels in Delaware must include information about responsible consumption. The Delaware Medical Marijuana Act requires that all marijuana products include clear and conspicuous labeling about the product’s potency and any other health-related information. Moreover, state regulations have specific requirements for labeling products with warnings about potential health risks, such as impairments to cognitive and motor skills, addiction, and the potential for adverse reactions with other drugs, including alcohol. This includes providing information on the responsible use of marijuana products.
Are There Restrictions On Marketing Claims Or Representations On Product Labels in Delaware?Yes, there are restrictions on marketing claims and representations on product labels in Delaware. Claims or representations made on product labels must be based on scientific evidence and/or accepted industry standards. Companies must make sure that the claims made are true and not misleading. Additionally, all labeling statements must comply with federal and state regulations.
What Are The Rules For Labeling And Packaging Of Pre-Rolled Joints And Other Smokable Products in Delaware?The State of Delaware does not have any specific rules or regulations regarding the labeling and packaging of pre-rolled joints and other smokable products. However, businesses selling such products must ensure that they comply with all applicable local and state laws, including those related to packaging and labeling, as well as those governing the sale of tobacco and cannabis products. Additionally, businesses need to be aware of any specific packaging and labeling requirements that may be imposed by the product’s manufacturer.
Is There A System For Tracking And Tracing Marijuana Products From Cultivation To Sale Via Labels in Delaware?No, there is no system for tracking and tracing marijuana products from cultivation to sale via labels in Delaware at this time. However, the Delaware Medical Marijuana Act does require licensees to maintain records of the cultivation, processing, and sale of medical marijuana. The records must include all information required by the Delaware Department of Health and Social Services.
Are There Any Labeling Requirements Specific To Hemp-Derived Cbd Products in Delaware?The Delaware Industrial Hemp Program has specific labeling requirements for hemp-derived CBD products that must be followed by any business selling products within the state of Delaware. The labeling requirements are as follows:
• The label must include the name of the product;
• The amount of CBD contained in each serving or single use must be listed;
• All labels must include a statement indicating whether or not the product contains THC;
• Any health claims related to the product must be approved by a certified laboratory; and
• All labels must include a statement indicating that the product is not intended to diagnose, treat, cure, or prevent any disease.
How Do State Regulations Address Multistate Or National Brands Regarding Packaging And Labeling in Delaware?In Delaware, the Division of Public Health is responsible for enforcing state regulations regarding packaging and labeling of multistate or national brands. The rules adopted by the Division are intended to provide uniformity of packaging and labeling across all states and to ensure that all products being sold in Delaware meet the established safety standards. Specifically, the regulations require that all packaged foods, beverages, drugs, cosmetics, and medical devices sold in Delaware must include an accurate list of ingredients and nutritional facts on the label. Labels must also include information regarding expiration dates, warnings or cautions related to use of the product, and instructions for proper storage or preparation. Additionally, state regulations prohibit false or misleading labeling that could potentially deceive consumers about a product’s nature, composition, quality, or performance.
What Resources Are Available To Help Businesses And Consumers Understand And Comply With Packaging And Labeling Requirements in Delaware?There are several resources available to businesses and consumers to help understand and comply with packaging and labeling requirements in Delaware. The Division of Public Health in the Delaware Department of Health and Social Services provides packaging and labeling guidance, regulations, and forms for businesses to use in complying with the state’s labeling and packaging requirements. The Division’s webpages provide a wealth of information about food labeling, drug labeling, and other product packaging and labeling requirements in Delaware.
Additionally, the U.S. Food and Drug Administration (FDA) oversees the regulation of food, drug, and devices labeling and packaging in Delaware. The FDA publishes guidance documents on common industry practices, provides guidance on labeling requirements for particular food or drug products, and answers frequently asked questions about food labeling.
The State of Delaware also has resources available to assist businesses in understanding the state’s specific packaging and labeling requirements. The State of Delaware Department of Agriculture publishes a guide to food labeling with specifics on date marks, net weight statements, ingredient lists, nutritional labels, warnings/precautions, allergens, environmental claims, health claims, organic claims, and other related topics.
Finally, there are a variety of third-party organizations that provide additional resources to help businesses comply with packaging and labeling requirements in Delaware. Organizations such as United States Pharmacopeia (USP), Institute of Packaging Professionals (IOPP), Food Marketing Institute (FMI), Grocery Manufacturers Association (GMA), American Society for Testing & Materials (ASTM), Cornell University Center for Food Safety & Quality (CFSQ), International Association for Food Protection (IAFP), Good Manufacturing Practices Institute (GMPI), International Safe Transit Association (ISTA), are just a few organizations that provide resources for businesses on packaging and labeling regulations in Delaware.