Cal. Code Regs. Tit. 4, § 17408 - Labeling Restrictions
(a)
Cannabis goods labeling shall not contain any of the following:
(1) The name of a California city, county, or
city and county, including any similar name that is likely to mislead consumers
as to the origin of the cannabis contained therein, unless one hundred percent
of the cannabis contained therein was produced in that city, county, or city
and county. For purposes of this subsection, a cannabis plant is considered to
have been produced within a city, county, or city and county if it was
cultivated within that boundary starting from the time the plant was no taller
or wider than 18 inches.
(2)
Content that is, or is designed to be, attractive to individuals under the age
of 21, as specified in section
15040(a)(2) and
(3).
(3) Any health-related statement that is
untrue or misleading. Any health-related statement must be supported by the
totality of publicly available scientific evidence (including evidence from
well-designed studies conducted in a manner which is consistent with generally
recognized scientific procedures and principles), and for which there is
significant scientific agreement among experts qualified by scientific training
and experience to evaluate such claims.
(4) If the product is an edible cannabis
product, a picture of the product contained therein.
(5) Any information that is false or
misleading. For purposes of this section, false and misleading information
includes, but is not limited to:
(A) Any
statement or indication that the cannabis or cannabis product is organic,
unless the National Organic Program (section 6517 of the federal Organic Foods
Production Act of 1990 (7
U.S.C. section 6501 et seq.)) authorizes
organic designation and certification for cannabis and the cannabis or cannabis
product meets the requirements for that designation and certification. This
includes use of the word "organic" or variants in spelling such as "organix" on
the labeling, except for use of the term "organic" in the ingredient statement
on the informational panel of a cannabis product in compliance with the
requirements of the programs established pursuant to Business and Professions
Code section
26062.
(B) Any statement or indication that the
cannabis or cannabis product is "OCal," "OCal certified," or made with "OCal
cannabis," if the cannabis or cannabis product has not been cultivated,
handled, processed, or manufactured in compliance with the requirements of the
programs established pursuant to Business and Professions Code section
26062.
(6) Any statement or indication of an
appellation of origin if the cannabis or cannabis product does not meet the
requirements of the program established pursuant to Business and Professions
Code section
26063.
Notes
2. New section refiled 3-28-2022 as an emergency; operative 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-28-2022 order, including amendment of subsection (a)(1), transmitted to OAL 9-26-2022 and filed 11-7-2022; amendments effective 11-7-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 45).
Note: Authority cited: Sections 26013 and 26130, Business and Professions Code. Reference: Sections 26062.5, 26063, 26120, 26121 and 26154, Business and Professions Code.
2. New section refiled 3-28-2022 as an emergency; operative
3. Certificate of Compliance as to 3-28-2022 order, including amendment of subsection (a)(1), transmitted to OAL 9-26-2022 and filed 11/7/2022; amendments effective
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