WSR 18-04-113 PROPOSED RULES LIQUOR AND CANNABIS BOARD [Filed February 7, 2018, 10:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-03-072 on January 11, 2017.
Title of Rule and Other Identifying Information: Proposed changes to rules related to marijuana packaging and labeling rules; WAC 314-55-105 Packaging and labeling requirements and 314-55-106 Marijuana warning symbol requirement.
Hearing Location(s): On March 21, 2018, at 10:00 a.m., at the Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504.
Date of Intended Adoption: On or after April 4, 2018.
Submit Written Comments to: Joanna Eide, Policy and Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-664-9689, by March 21, 2018.
Assistance for Persons with Disabilities: Contact Claris Nnanabu, ADA coordinator, human resources, phone 360-664-1642, TTY 711 or 1-800-833-6388, email Claris.Nnanabu@lcb.wa.gov, by March 16, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal makes adjustments to packaging and labeling requirements to marijuana and marijuana products. Updates and clarifications were needed for the rules involved, and adjustments to requirements were needed due to concerns raised by the industry and stakeholders, and to continue to develop the regulatory landscape in this emerging industry. Most of the changes in this proposal were made to streamline labeling requirements and to reduce pressure on the "real estate" on labels to ensure information is readable and effective for consumers and the public. Accompanying materials are proposed to be virtually eliminated except for pesticides information and clarification is included that they may be provided in an electronic format via url or QR code. Adjustments to packaging requirements were made to provide flexibility for certain edible products packaging, and further prevention of the promotion of over consumption. An enhanced definition providing additional clarity for what is considered "especially appealing to children" is included and a new definition for the term "cartoon" is proposed. A delayed effective date will be included should these rule proposals be adopted to ensure licensees have adequate time to cycle through existing inventory and make changes to adapt to new packaging and labeling requirements.
Reasons Supporting Proposal: The Washington state liquor and cannabis board (WSLCB) has been engaged in a project to take a global look at packaging and labeling requirements to clarify, streamline, and make necessary changes to rules. WSLCB convened a work group of industry members, the department of health (DOH), and the Washington Poison Center over much of 2017 to gather information and receive feedback on packaging and labeling rules requirements. These proposed rules are a product of what was learned from this work group and other states that regulate marijuana, as well as through consumer surveys.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSLCB, governmental.
Name of Agency Personnel Responsible for Drafting: Joanna Eide, Policy and Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, 360-664-1622; Implementation: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, 360-664-1615; and Enforcement: Chief Justin Nordhorn, 30000 [3000] Pacific Avenue S.E., Olympia, WA 98504, 360-664-1726.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not required under RCW 34.05.325 [34.05.328] because the subject of proposed rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis under RCW 34.05.328(5).
The proposed rule does impose more-than-minor costs on businesses.
Small Business Economic Impact Statement
1. Description of reporting, recordkeeping and other compliance requirements of the proposed rule:
WSLCB has received a lot of feedback from industry members, the public, staff, and other agency members regarding concerns or changes needed with packaging, labeling, warning statements, and other related rules. Industry members and others have stated that labeling requirements are too onerous, while others have stated that the labels are difficult to read, do not contain desired information that would better inform a consumer or member of the public, or are confusing. Additionally, we recognize that packaging and labeling rules, and rules related to warning statements, could be clearer and better organized and that many technical changes are needed to ensure packaging, labeling, and warning statement rules are effective.
WSLCB has been engaged in a project to take a global look at packaging and labeling requirements to clarify, streamline, and make necessary changes to rules. WSLCB convened a work group of industry members, DOH, and the Washington Poison Center over much of 2017 to gather information and receive feedback on packaging and labeling rules requirements. These proposed rules are a product of what was learned from this work group and other states that regulate marijuana, as well as through consumer surveys.
Adjustments to packaging requirements include:
Adjustments to labeling requirements include:
Streamlining and paring down of warning statements to ensure critical information is communicated effectively while reducing pressure on label "real estate."
Removal of harvest date, manufactured date, and best by date from required information on labels. This information may still be placed on the label as an option, but is proposed to be removed as a requirement.
Removal of the retailer business/trade name and UBI on label requirements in anticipation of the passage of legislation that will remove it from required information on labels in statute. Producers and processors business/trade names and UBI numbers must still be listed on the label.
Changing the UBI requirement to the nine-digit number rather than the sixteen-digit UBI number.
Removal of all accompanying material requirements except for pesticides information to reduce label crowding issues seen by licensees putting it on the label. Accompanying materials may be given to consumers via electronic format, including using a url or QR code on the label. WSLCB is working with DOH to explore potential signage requirements for other warning statements not on the label at retail locations separately, similar to requirements for liquor licensees.
Enhanced definition providing additional clarity for what is considered "especially appealing to children." Creation of a new definition for the term "cartoon."
General improvements to organization of the rule to enhance clarity.
Universal symbol requirements:
Proposed amendments to WAC 314-55-106 Marijuana warning symbol requirement, add a requirement for a universal symbol for use on marijuana and marijuana products. This universal symbol will alert consumers and the public that the product is clearly marijuana or a marijuana product.
Similar to the "Not for Kids" warning symbol, marijuana licensees will be required to place the universal symbol on packaging of marijuana and marijuana products. The universal symbol developed and made available in digital form to licensees without cost by WSLCB must be placed on the principal display panel or front of the product package. The universal symbol will be available on WSLCB's web site if adopted. The universal symbol must be of a size so as to be legible, readily visible by the consumer, and effective to alert consumers and children that the product is or contains marijuana, but must not be smaller than three-quarters of an inch in height by three-quarters of an inch in width. The universal symbol must not be altered or cropped in any way other than to adjust the sizing for placement on the principal display panel or front of the product package.
Licensees may print and use a sticker of the universal symbol in lieu of digital image placement of the universal symbol on labels of marijuana and marijuana products sold at retail. If a licensee elects to use a warning symbol sticker instead of incorporating the digital image of the warning symbol on its label, the sticker:
(a) Must be placed on or near the principal display panel or on the front of the package; and
(b) Must not cover or obscure in any way labeling or information required on marijuana products by WAC 314-55-105.
2. Kinds of professional services that a small business is likely to need in order to comply with such requirements:
Licensees develop and print labels in a multitude of ways. Some licensees choose to create and print labels for products independently, while others may choose to hire professional designers and printers to develop or print labels or product packaging. Costs of professional designing and printing vary depending on the label or packaging design, size, and other aesthetic considerations the licensee chooses to make. The packaging and labeling requirements and new universal symbol requirement will not require the use of professional services, but a licensee may choose to engage professional services if they wish.
Additionally, the digital image of the symbol is provided by WSLCB free of charge to licensees and is available for immediate download from WSLCB's web site. This means that no professional services are required should the licensee choose to download and place the digital image on products or labels independently.
3. Costs of compliance for businesses, including costs of equipment, supplies, labor and increased administrative costs:
All licensees are required to have a computer and internet access to acquire and maintain a marijuana license. For this reason, licensees already have the necessary equipment required to obtain the universal symbol from WSLCB's web site at no charge, so there are no costs of compliance that are necessary to obtain the new symbol.
Whether a licensee will incur costs due to the adjustments to packaging and labeling rules and new warning symbol labeling requirement depends on the products the licensee produces and individual business decisions the licensee makes. Each licensee is different as far as the number of products they produce, types of packaging and labeling, and size of products, so costs associated with the proposed changes may vary. If the licensee chooses to acquire the digital image and incorporate the universal symbol on product labels or packaging independently (without the use of professional services), administrative costs should be minimal. If a licensee instead chooses to use professional design services to change labels and print them for the licensee, the costs will be higher. Again, these choices are voluntary on the part of the licensee and not necessary to comply with the adjustments to packaging and labeling rules and the new universal symbol requirement.
Licensees that create products in smaller packages may have the most costs associated with the new universal symbol requirement due to the minimum sizing provisions in the new rule. The minimum size requirement of no smaller than three-quarters of an inch in height by three-quarters of an inch in width are needed to ensure the symbol is of a size so as to be immediately recognizable and legible to alert consumers and the public that the product is or contains marijuana. However, the size of the symbol may pose some challenges for those licensees with small packaging/products, which may result in higher costs associated with compliance with the new requirement. This may result in some licensees having to reconceptualize packaging of products, increasing the costs of initial compliance. These costs will vary depending on packaging type and product size, as well as by business decisions made by licensees, and cannot be predicted on a general level. The delayed effective date for the proposed changes to packaging and labeling rules and the new symbol requirement explained below is aimed at reducing these impacts. Licensees are also welcome to suggest ways to address these issues through the rule-making process.
WSLCB also plans on a delayed effective date so the proposed changes to packaging and labeling rules and the new universal symbol requirement may be essentially "phased in," further minimizing any costs licensees may incur in complying with the new labeling requirement. WSLCB received input from marijuana licensees that indicated that a delayed effective date ranging from six to eighteen months prior to implementation would reduce administrative costs for changing packaging and labels and phasing out product to comply with the new requirements. A delayed effective date will also allow licensees to move through product existing inventory and adjust new labeling to comply with the changes to rules in this proposal.
4. Will compliance with the rules cause businesses to lose sales or revenue?
This new requirement is unlikely to cause the loss of sales or revenue by marijuana businesses. This is due to the plan for delayed effective dates to allow licensees to cycle through existing product and prepare for the proposed changes to packaging and labeling requirements.
5. Costs of compliance for small businesses compared with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
Most marijuana businesses are small businesses. However, these businesses vary in size, costs per employee, costs per hour of labor, and costs per one hundred dollars in sales for a multitude of reasons, including license type. Employee compensation and costs per hour of labor data is not collected by or available to WSLCB, though WSCLB does collect data on the value of marijuana at retail and wholesale. Depending on whether the licensee is a producer or processor or a retailer, the sales numbers are different due to the variance between wholesale and retail sales.
The additional costs associated with complying with the proposed packaging and labeling requirements should be minimal compared to sales revenue. The costs associated with complying with the new universal symbol requirement are further mitigated by WSLCB's efforts to ensure that a digital image of the universal symbol be available to licensees at no cost. Additionally, a delayed effective date will further mitigate costs to licensees in making adjustments to packaging and labeling if the proposed changes are adopted.
The costs of complying with the proposed adjustments to the packaging and labeling rules and new universal symbol labeling requirement is indeterminate as it will vary depending on the circumstances (types of products, size of products, labels, etc.) and business decisions made by licensees, i.e. whether the licensee choses [chooses] to engage the services of a professional designer or printer rather than making changes to packaging and labeling independently. These factors will depend on the individual business decisions of licensees.
6. Steps taken by the agency to reduce the costs of the rule on small businesses, or reasonable justification for not doing so:
WSLCB sought to reduce costs on licensees through ensuring that the digital image of the universal symbol would be available to licensees at no cost. Additionally, WSLCB plans to have a delayed effective date after adoption of the new requirement (CR-103P), to allow licensees adequate time to cycle through product and adopt the changes to packaging and labeling requirements contained in this proposal. WSLCB will also use the time between adoption and the effective date to supply licensees with resources to comply with the new requirements, and to work on the packaging and labeling review and approval process for marijuana-infused edible products. These efforts will ease the transition and should mitigate much of the costs associated with adjusting to the new packaging and labeling requirements.
Though there are costs associated with complying with the adjustments to packaging and labeling requirements in this proposal, those costs are justified. The proposed packaging and labeling changes are intended to promote consumer safety and information through clear warning statements, discourage over consumption, and to reduce public health and safety risks through the clear identification of marijuana and marijuana products on labels.
7. A description of how the agency will involve small businesses in the development of the rule:
Most marijuana businesses are small businesses. They are invited to provide feedback to the rules during the rule-making process. WSLCB also performed outreach with several licensed processors to gather information related to timelines for the new requirement and costs associated with compliance. WSLCB used the feedback received through these efforts to develop the timeline for the proposed effective date for the changes to packaging and labeling rules to reduce costs to licensees and ensure adequate time for licensees to cycle through product and adjust to the new requirements.
8. A list of industries that will be required to comply with the rule:
All licensed marijuana businesses will be required to comply with these rules. Primarily, these changes will impact processors and retailers.
9. An estimate of the number of jobs that will be created or lost as a result of compliance with the proposed rule:
Because WSLCB considered feedback from licensees to develop a delayed effective date for rule changes, and worked to reduce the amount of information on labels and accompanying materials in this proposal to offset changes and address industry concerns, costs associated with adjusting to the proposed packaging and labeling requirements will be mitigated. WSLCB does not anticipate that jobs will be lost or created as a result of compliance with the proposed rule.
A copy of the statement may be obtained by contacting Joanna Eide, Policy and Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, phone 360-664-1622, fax 360-664-9689, TTY 711 or 1-800-833-6388, email rules@lcb.wa.gov.
February 7, 2018
Jane Rushford
Chair
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-105 Packaging and labeling requirements.
(1) ((All usable marijuana and marijuana-infused products must be stored behind a counter or other barrier to ensure a customer does not have direct access to the product.
(2))) Packaging requirements.
(a) General packaging requirements applying to all marijuana products. Any container or packaging containing usable marijuana, marijuana concentrates, or marijuana-infused products must protect the product from contamination and must not impart any toxic or deleterious substance to the usable marijuana, marijuana concentrates, or marijuana-infused product.
(((3) Upon the request of a retail customer, a retailer must disclose the name of the certified third-party testing lab and results of the required quality assurance test for any usable marijuana, marijuana concentrate, or marijuana-infused product the customer is considering purchasing.
(4) Usable marijuana, marijuana concentrates, and marijuana-infused products must not be labeled as organic unless permitted by the United States Department of Agriculture in accordance with the Organic Foods Production Act.
(5) The certified third-party testing lab and required results of the quality assurance test must be included with each lot and disclosed to the customer buying the lot.
(6) A marijuana producer must make quality assurance test results available to any processor purchasing product. A marijuana producer must label each lot of marijuana with the following information:
(a) Lot number;
(b) UBI number of the producer; and
(c) Weight of the product.
(7) Marijuana-infused products and marijuana concentrates meant to be eaten, swallowed, or inhaled, must be packaged in)) (b) Additional product-specific packaging requirements. The following product-specific packaging requirements apply to each of the following product types in addition to the packaging requirements provided in (a) of this subsection:
(i) Marijuana-infused products general requirements.
(A) All marijuana-infused products for oral ingestion must be packaged pursuant to the following requirements:
(I) Child resistant packaging in accordance with Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act; or ((use standards specified in this subsection. Marijuana-infused product in solid or liquid form may be packaged in))
(II) Plastic four mil or greater in thickness and be heat sealed with no easy-open tab, dimple, corner, or flap as to make it difficult for a child to open and as a tamperproof measure, except as provided in (b)(i)(A)(III) and (B) of this subsection.
(III) Marijuana-infused products for oral ingestion in liquid form where a single serving is contained with the package may ((also)) be sealed using a metal crown cork style bottle cap. Marijuana-infused products for oral ingestion in liquid form that include more than one serving must be packaged with a resealable closure or cap.
(B) Marijuana-infused solid edible products.
(I) If there is more than one serving of marijuana-infused solid edible products in the package, each serving must be packaged individually in ((childproof)) child resistant packaging (((see WAC 314-55-105(7)))) as provided in (b)(i) of this subsection and placed in the outer package except as provided below.
(II) Products such as capsules, lozenges, and similar products approved by the WSLCB on a case-by-case basis may be packaged loosely within a resealing outer package that is child resistant in accordance with Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act.
(C) Marijuana-infused liquid edible products. ((If there is)) Packages containing more than one serving ((in the package,)) of marijuana-infused liquid edible product must:
(I) Have a resealing cap or closure; and
(II) Include a measuring device ((must be included in)) such as a measuring cap or dropper with the package ((with)) containing the marijuana-infused liquid edible product. Hash marks on the bottle or package do not qualify as a measuring device. ((A measuring cap or dropper must be included in the package with the marijuana-infused liquid edible product.
(8)
(9) A producer or processor may not treat or otherwise adulterate usable marijuana with any organic or nonorganic chemical or other compound whatsoever to alter the color, appearance, weight, or smell of the usable marijuana.
(10))) (ii) Marijuana concentrates. Marijuana concentrates must be packaged:
(A) In child resistant packaging in accordance with Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act; or
(B) Plastic four mil or greater in thickness, heat sealed with no easy-open tab, dimple, corner, or flap as to make it difficult for a child to open and as a tamperproof measure.
(2) Labeling requirements.
(a) Marijuana and marijuana product labels generally. The following label requirements apply to all marijuana products:
(i) Usable marijuana, marijuana concentrates, and marijuana-infused products must not be labeled as organic unless permitted by the United States Department of Agriculture in accordance with the Organic Foods Production Act.
(ii) Labels must comply with the version of NIST Handbook 130, Uniform Packaging and Labeling Regulation adopted in chapter 16-662 WAC.
(((11) All marijuana and marijuana products when sold at retail must include accompanying material that is attached to the package or is given separately to the consumer containing the following warnings:
(a) "Warning: This product has intoxicating effects and may be habit forming. Smoking is hazardous to your health";
(b) "There may be health risks associated with consumption of this product";
(c) "Should not be used by women that are pregnant or breast feeding";
(d) "For use only by adults twenty-one and older. Keep out of reach of children";
(e) "Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug";
(f) Statement that discloses all pesticides applied to the marijuana plants and growing medium during production and processing.
(12))) (iii) All information, warning statements, and language required in this section must not be covered or obscured in any way.
(iv) Labels affixed to the container or package containing marijuana or marijuana products sold at retail must include:
(((a))) (A) The business or trade name and the ((sixteen)) nine digit Washington state unified business identifier (UBI) number of the licensees that produced((,)) and processed ((and sold)) the marijuana or marijuana products((. The marijuana retail licensee trade name and Washington state unified business identifier number may be in the form of a sticker placed on the label));
(((b) Sixteen digit inventory ID number assigned)) (B) The unique identifier number generated by the WSLCB's traceability system. This must be the same number that appears on the transport manifest;
(((c))) (C) If more than one serving is in a package, the label must prominently display the number of servings in the package and the amount of product per serving;
(D) Net weight in ounces and grams or volume as ((appropriate;
(d) Statement that discloses all pesticides applied to the marijuana plants and growing medium during production of the base marijuana used to create the extract added to infused products; and
(e) If solvents were used, statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract.
(f) Warnings that state: "This product has intoxicating effects and may be habit forming";
(g) Statement that "This product may be unlawful outside of Washington state";
(h) The WSLCB may create a logo that must be placed on all usable marijuana and marijuana-infused products.
(13) In addition to requirements in subsection (10) of this section, labels affixed to the container or package containing usable marijuana, or packaged marijuana mix sold at retail must include:
(a) Concentration of THC ())applicable;
(E) THC concentration (delta-9 tetrahydrocannabinol) listed as total THC and activated THC-A(())) and CBD ((())concentration (cannabidiol) listed as total CBD and activated CBD-A(()));
(v) Labels of usable marijuana and marijuana products sold at retail in the state of Washington must not contain any statement, depiction, or illustration that:
(A) Is false or misleading;
(B) Promotes over consumption;
(C) Represents the use of marijuana has curative or therapeutic effects;
(D) Depicts a child or other person under legal age consuming marijuana, or includes:
(I) Objects such as toys, characters suggesting the presence of a child, or any other depiction or illustration designed in any manner to be especially appealing to children or other persons under twenty-one years of age; or
(II) Is designed in any manner that is especially appealing to children or other persons under twenty-one years of age.
(b) ((Date of harvest.
(14))) Standard warnings required on all labels. The following warning statements must be included on labels of all marijuana and marijuana products. The warning statements required below must be of a size to be legible and readily visible to a consumer inspecting a package and must not be covered or obscured in any way.
(i) "Warning - May be habit forming";
(ii) "Unlawful outside Washington State";
(iii) "It is illegal to operate a motor vehicle while under the influence of marijuana"; and
(iv) The marijuana universal symbol as provided in WAC 314-55-106.
(c) Additional product-specific labeling requirements. In addition to the labeling requirements in subsection (((10))) (3)(a) and (b) of this section, ((labels affixed to the container or package containing marijuana-infused products meant to be eaten or swallowed sold at retail must include:
(a) Date manufactured;
(b) Best by date;
(c))) the following product-specific labeling requirements apply to each of the following product types and must be present on labels when offered for sale at retail:
(i) Usable marijuana, including marijuana mix. The statement "Smoking is hazardous to your health."
(ii) Marijuana concentrates, marijuana infused extract for inhalation, and infused marijuana mix.
(A) If solvents were used to create the concentrate or extract, a statement that discloses the type of extraction method, including any solvents or gases used to create the concentrate or extract; and
(B) Any other chemicals or compounds used to produce or were added to the concentrate or extract.
(iii) Marijuana-infused products (except for marijuana-infused products for topical application as provided in (c)(iv) of this subsection).
(A) Serving size and the number of servings contained within the unit;
(((d) Total milligrams of active THC, or Delta 9 and total milligrams of active CBD;
(e))) (B) A list of all ingredients in descending order of predominance by weight or volume as applicable and a list of major food allergens as defined in the Food Allergen Labeling and Consumer Protection Act of 2004;
(((f) "Caution: When eaten or swallowed, the)) (C) If solvents were used, a statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract; and
(D) The following sentence: "CAUTION: Intoxicating effects ((of this drug)) may be delayed by ((two or more)) 2+ hours."
(((15) In addition to requirements in subsection (10) of this section, labels affixed to the container or package containing marijuana-infused extract for inhalation, or infused marijuana mix sold at retail must include:
(a) Date manufactured;
(b) Best by date;
(c) Concentration of THC (total Delta 9 and Delta 9 THC-A) and CBD (total CBD and activated CBD-A).
(16) In addition to requirements in subsection (10) of this section, labels affixed to the container or package containing marijuana topicals sold at retail must include:
(a) Date manufactured;
(b) Best by date;
(c) Total milligrams of active tetrahydrocannabinol (THC), or Delta 9 and total milligrams of active CBD.
(17))) (iv) Marijuana-infused products for topical application.
(A) The statement "DO NOT EAT" in bold, capital letters; and
(B) A list of all ingredients in descending order of predominance by weight or volume as applicable.
(d) Permitted optional information that may be included on labels.
(i) Harvest date, "best by" date, and manufactured dates are optional information that may be placed on labels.
(ii) Other cannabinoids and terpenes not required to be placed on the label by this section may be included on the label if:
(((a))) (A) The producer or processor has test results from a certified third-party lab to support the claim; and
(((b))) (B) The lab results are made available to the consumer upon request.
(3) Accompanying materials. The following accompanying materials must be provided with a marijuana product or made available to the consumer purchasing marijuana products at retail. A producer or processor may provide this information through an internet link, web address, or QR code on the product label so long as the information particular to that product as required below is maintained and accessible to a consumer for as long as the product is available for sale at retail.
A statement that discloses all pesticides applied to the marijuana plants and growing medium during production of the usable marijuana or the base marijuana used to create the concentrate or the extract added to infused products.
(4) Upon request materials. Upon the request of a retail customer, a retailer must disclose the name of the certified lab that conducted and the results of the required quality assurance tests for any marijuana or marijuana product the customer is purchasing or considering purchasing.
(5) For the purposes of this section, the following definitions apply:
(a) "Cartoon" means any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria:
(i) The use of comically exaggerated features;
(ii) The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or
(iii) 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.
(b) "Especially appealing to children" means a product, label, or advertisement that includes, but is not limited to, the following:
(i) The use of cartoons;
(ii) Bubble-type or other cartoon-like or action font;
(iii) The use of bright colors similar to those used on commercially available products intended for or that target youth or children;
(iv) A design, brand, or name that resembles a noncannabis consumer product of the type that is typically marketed to minors;
(v) Symbols or celebrities that are commonly used to market products to minors;
(vi) Images of minors; or
(vii) Similarities to products or words that refer to products that are commonly associated with minors or marketed to minors.
AMENDATORY SECTION (Amending WSR 16-23-089, filed 11/16/16, effective 2/14/17)
WAC 314-55-106 Marijuana warning symbol requirement.
The following requirements are in addition to the packaging and labeling requirements provided in WAC 314-55-105.
(1) Marijuana-infused products ((meant to be eaten or swallowed)) for oral ingestion sold at retail must be labeled on the principal display panel or front of the product package with the "not for kids" warning symbol ("warning symbol") created and made available in digital form to licensees without cost by the Washington poison center (WPC). The warning symbol may be found on the WPC's web site.
(a) The warning symbol must be of a size so as to be legible, readily visible by the consumer, and effective to alert consumers and children that the product is not for kids, but must not be smaller than three-quarters of an inch in height by one-half of an inch in width; and
(b) The warning symbol must not be altered or cropped in any way other than to adjust the sizing for placement on the principal display panel or front of the product package, except that a licensee must use a black border around the edges of the white background of the warning symbol image when the label or packaging is also white to ensure visibility of the warning symbol.
(((2))) (c) Licensees may download the digital warning symbol from the WPC and print stickers, or purchase and use a sticker made available by the WPC, in lieu of incorporating the warning symbol on ((its)) the label or packaging as required under subsection (1) of this section. If a licensee elects to use a warning symbol sticker, the sticker:
(((a))) (i) Must meet all requirements of ((subsection (1))) (a) and (b) of this ((section)) subsection; and
(((b))) (ii) Must not cover or obscure in any way labeling or information required on marijuana products by WAC 314-55-105.
(2) All marijuana products sold at retail must be labeled on the principal display panel or front of the product package with the marijuana universal symbol ("universal symbol") created and made available in digital form to licensees without cost by the WSLCB. The digital file for the universal symbol is available on the WSLCB's web site.
(a) The universal symbol must be of a size so as to be legible, readily visible by the consumer, and effective to alert consumers that the product is or contains marijuana, but must not be smaller than three-quarters of an inch in height by three-quarters of an inch in width;
(b) The universal symbol must not be altered or cropped in any way other than to adjust the sizing for placement on the principal display panel or front of the product package; and
(c) Licensees may download the digital universal symbol from the WSLCB's web site and print stickers in lieu of incorporating the universal symbol on the label or packaging as required under (a) and (b) of this subsection. If a licensee elects to use a universal symbol sticker, the sticker:
(i) Must meet all requirements of this section; and
(ii) Must not cover or obscure in any way labeling or information required on marijuana products by WAC 314-55-105.
(3) For the purposes of this section, "principal display panel" means the portion(s) of the surface of the immediate container, or of any outer container or wrapping, which bear(s) the labeling designed to be most prominently displayed, shown, presented, or examined under conditions of retail sale. "Immediate container" means the external container holding the marijuana product.
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