HOUSE BILL 157
56th legislature - STATE OF NEW MEXICO - first session, 2023
Andrea Reeb and William "Bill" R. Rehm and Gail Armstrong and Mark Duncan
RELATING TO CANNABIS PRODUCT SAFETY; CLARIFYING CANNABIS PACKAGING REQUIREMENTS PERTAINING TO CHILDREN'S SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 26-2C-17 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 17) is amended to read:
"26-2C-17. CANNABIS PRODUCTS--PACKAGING AND LABELING--DIVISION RULEMAKING.--
A. Cannabis or cannabis extract included in a cannabis product that is manufactured in compliance with applicable law is not considered to be an adulterant under state law.
B. The division shall promulgate rules consistent with industry standards for cannabis products that establish labeling and packaging requirements, including that:
(1) packages shall be opaque, resealable, child-resistant, compostable and recyclable or made from recycled materials;
(2) packages and labels shall not be designed to be appealing to a child and shall not mimic the brand, design, name, logo or colorway of a non-cannabis consumer product of the type that is safe for child consumption;
(3) packages and labels shall not use cartoons or symbols or images, including celebrity or celebrity likeness, that are commonly used to market to minors; and
[(3)] (4) labels shall include:
(a) for a package containing only cannabis leaf or flower, the net weight of cannabis in the package;
(b) identification of the licensee or licensees that produced or manufactured the cannabis product, the date on which the cannabis was harvested, the type of cannabis product and the date on which the cannabis product was manufactured and packaged;
(c) potency and pesticide use;
(d) a list of pharmacologically active ingredients;
(e) for cannabis products containing non-cannabis ingredients, a list of all ingredients and a disclosure of nutritional information for the product or cannabis extract disclosed in the same manner required under federal law for nutritional labeling for food for human consumption;
(f) a warning if nuts or other known allergens are used in the item or in its manufacture;
(g) a logo designed by the division that is distinctive in design, color, size and location such that the logo notifies a reasonable person that the package contains cannabis;
(h) a warning, including a pictorial representation, that the cannabis product is not safe for child consumption;
[(h)] (i) a warning of possible adverse effects of consumption and the New Mexico poison and drug information center phone number;
[(i)] (j) an expiration date; and
[(j)] (k) other information as required by rules promulgated pursuant to the Cannabis Regulation Act."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is August 1, 2023.
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