New York
General Regulation
1 mg per serving. 1 serving per can. Up to 10mg per package (meaning a combination of cans). Must have a ratio equal to or greater than 15:1 of non-intoxicating cannabinoids to THC. No. synthetic cannabinoids or artificially derived cannabinoids.
For out of state brands, need a cannabinoid hemp distributor permit to sell to retailers. Need a cannabinoid hemp retailer permit to sell to consumers. See https://cannabis.ny.gov/retailers-distributors.
Labeling & Packaging Requirements
N
Requires expiration or best by date "if applicable"
See https://cannabis.ny.gov/system/files/documents/2024/10/cannabinoid-hemp-regulations-guidance-for-licensees_v2.pdf for helpful guidance.
Text must be at least 4.5 point font. All cannabinoid hemp products distributed or offered for retail sale in New York State shall include the following information on the product label or packaging:
(1) if the cannabinoid hemp product is an orally consumed product, comply with the requirements in Title 21 Code of Federal Regulations Part 101 and include a nutritional or supplement fact panel that is based on the number of servings within the container;
(2) a list of all ingredients in descending order of predominance by weight in the product;
(3) except for flower products, topical products, and concentrated cannabinoid hemp products intended for inhalation or vaporization, the number of servings perpackage or container, including the milligrams per serving of: (i) CBD; (ii) "Total THC" or "THC" which for the purposes of product labeling may be rounded and shall include detectable levels of total [DELTA] 9-Tetrahydrocannabinol, [DELTA] 8-Tetrahydrocannabinol and [DELTA] 10-Tetrahydrocannabinol; and (iii) any other marketed cannabinoid;
(4) an expiration or best by date if applicable;
(5) a lot or batch number;
(6) the name of the cannabinoid hemp processor or out of state manufacturer, packer or distributor;
(7) a scannable bar code or QR code linked to a downloadable certificate of analysis, or linked to a website where the certificate of analysis can be downloaded;
(8) the state(s) or if outside of the United States of America, country of origin from which hemp used in the product was sourced;
(9) a means for reporting serious adverse events or side effects; and
(10) any other marking, statement or symbol as required by the office.
WARNING STATEMENT:
(1) must be kept out of the reach of children and pets;
(2) this product is derived from hemp and may contain THC which could result in a failed drug test. Provided however, this warning may be omitted for cannabinoid hemp products that are: topically applied; made exclusively using an "isolate;" or made from "broad spectrum" hemp extract;
(3) this product has not been evaluated by the Food and Drug Administration for safety or efficacy;
(4) if you are pregnant or nursing you should consult your healthcare provider before use;
(5) for cannabinoid hemp products intended to be inhaled or vaporized, a warning stating that smoking or vaping is hazardous to your health; and
(6) any other warning required by the office.
All cannabinoid hemp products shall be packaged in tamper-evident packaging that minimizes oxygen and light exposure to prevent degradation of the product and cannabinoids. If an orally consumed product in the form of a beverage, packaged in a manner that shall not have more than a single serving per package, provided however, multiple packages of beverage products can be sold together.
Cannot be attractive to under 21, cannot imitate a candy label or use cartoons or other images generally used to advertise to children. Specifically, cannot use: Cartoons; Bubble-type or other cartoon-like font; Bright colors that are "neon" in appearance; Similarities to products or words that refer to products that are commonly associated with or marketed in a manner so as to be attractive to individuals under twenty-one, including but not limited to, any imitation of food, candy, soda, drinks, cookies, or cereal, in labeling, packaging, advertising, or marketing (with the exception of cultivar names or the licensee’s name, entity name, or doing business as name); Terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez” (with the exception of cultivar names or the licensee’s name, entity name, or doing business as name); Symbols, images, characters, public figures, phrases, toys, or games that are commonly used to market products to individuals under the age of twenty-one; or Images of individuals who could reasonably appear to be under the age of twentyone.
Prohibitions on implied health claims: Implied health claims include those statements, symbols, branding, advertisements, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between the presence or level of a substance in the cannabis product to a disease or health-related condition or symptom. Including the term “organic” unless describing the product’s ingredients and in compliance with section 128.6 of Part 128.Including 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. Including the term “vegan” unless the product contains no animal products. Including the term “kosher” unless the product is packaged and labeled in compliance with section 128.6 of Part 128. Causing a reasonable consumer confusion as to whether the cannabinoid hemp product is trademarked, marked or labeled in a manner that violates any federal trademark law or regulation. Causing a reasonable consumer to believe that a cannabinoid hemp product is cannabis, or medical cannabis, or that a licensee is authorized to sell or dispense cannabis, or medical cannabis, as those terms are defined in Article 1 of the Cannabis Law. Depicting cannabis products or paraphernalia. Promoting overconsumption.