Packaging and Labeling — Definitions
(1)“Activation time” means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling a marijuana or hemp item.
(2)“Added substances” means any component or ingredient added to usable marijuana, cannabinoid concentrate or cannabinoid extract during or after processing that is present in the final cannabinoid product including but not limited to added flavors, non-marijuana derived terpenes, and any substances used to change viscosity or consistency of the cannabinoid product.
(3)“Attractive to minors” means packaging, receptacles, inhalant delivery devices, labeling and marketing that features:
(b)A design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;
(c)Symbols or celebrities that are commonly used to market products to minors;
(d)Images of minors; and
(e)Words that refer to products that are commonly associated with minors or marketed by minors.
(4)“Authority” means the Oregon Health Authority.
(5)“Cannabinoid” for the purposes of labeling means any of the chemical compounds that are the active constituents of marijuana or industrial hemp.
(6)“Cannabinoid capsule” means a small, soluble pill, tablet, or container that contains liquid or powdered cannabinoid product, concentrate or extract and is intended for human ingestion.
(7)“Cannabinoid concentrate or extract” means a substance obtained by separating cannabinoids from marijuana by a mechanical, chemical or other process. For the purposes of labeling, cannabinoid concentrate or extract also includes concentrates and extracts derived from industrial hemp.
(8)Intentionally left blank —Ed.
(a)“Cannabinoid edible” means:
(A)Food or potable liquid into which a cannabinoid concentrate or extract or the dried leaves or flowers of marijuana have been incorporated; or
(B)For purposes of labeling, includes any marijuana, cannabinoid concentrate, extract or cannabinoid product that is intended for human consumption or marketed in a manner that implies the item is for human consumption.
(b)For purposes of labeling “cannabinoid edible” does not include a cannabinoid tincture or capsule.
(9)“Cannabinoid product” means:
(a)A cannabinoid edible or any other product intended for human consumption or use, including a product intended to be applied to a person’s skin or hair, that contains cannabinoids or the dried leaves or flowers of marijuana; or
(b)Usable marijuana, cannabinoid extracts and cannabinoid concentrates that have been combined with an added substance.
(c)“Cannabinoid product” does not include:
(A)Usable marijuana by itself;
(B)A cannabinoid concentrate or extract by itself; or
(C)Industrial hemp, as defined in ORS 571.300.
(10)“Cannabinoid tincture” means a liquid cannabinoid product packaged in a container of 4 fluid ounces or less that consists of either:
(a)A non-potable solution consisting of at least 25% non-denatured alcohol, in addition to cannabinoid concentrate, extract or usable marijuana, and perhaps other ingredients intended for human consumption or ingestion, that is exempt from the Liquor Control Act under ORS 471.035 (Certain products excepted from liquor laws); or
(b)A non-potable solution comprised of glycerin, plant-based oil, or concentrated syrup; cannabinoid concentrate, extract or usable marijuana; and other ingredients that does not contain any added sweeteners and is intended for human consumption or ingestion.
(11)“Cannabinoid topical” means a cannabinoid product intended to be applied to skin or hair.
(12)“Cartoon” means any drawing or other depiction of an object, person, animal, creature or any similar caricature that satisfies any of the following criteria:
(a)The use of comically exaggerated features;
(b)The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or
(c)The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds or transformation.
(13)“CBD” means cannabidiol.
(14)“Child resistant” means designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly.
(15)“Commission” means the Oregon Liquor Control Commission.
(16)“Consumer,” for the purposes of these rules, has the meaning given that term in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545) and does not include a patient or designated primary caregiver.
(a)Means a sealed, hard or soft-bodied receptacle in which a marijuana item is placed and any outer receptacle intended to display a marijuana item for ultimate sale to a consumer, patient, or designated primary caregiver.
(b)Does not mean:
(A)Inner wrapping or lining;
(B)An exit package; or
(C)A shipping container used to transfer marijuana items or industrial commodities or products in bulk from one licensee or registrant to another.
(18)“Date of harvest” means the day the last mature marijuana plant in the harvest lot was removed from the soil or other growing media.
(19)“Delta-9 THC” is the principal psychoactive constituent (the principal cannabinoid) of cannabis.
(20)Intentionally left blank —Ed.
(a)“Designated primary caregiver” means an individual:
(A)Who is 18 years of age or older;
(B)Who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition; and
(C)Who is designated as the person responsible for managing the well-being of a person who has been diagnosed with a debilitating medical condition on that person’s application for a registry identification card or in other written notification submitted to the Authority.
(b)“Designated primary caregiver” does not include a person’s attending physician.
(21)“Exit Package” means a sealed, child-resistant certified receptacle into which marijuana items already within a container are placed at the point of sale.
(22)“Food” means a raw, cooked, or processed edible substance, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum and includes beverages.
(a)Means a label that does not have any graphics, pictures, or logos, other than symbols required by these rules and has:
(A)Only the information required by rule;
(B)Additional test information not required by rule; or
(b)Does not mean a label for an inhalable cannabinoid product with a non-cannabis additive that is processed or manufactured on or after April 1, 2021.
Rule 845-025-7000 — Packaging and Labeling — Definitions,