Agenda - Council Work Session - 04/11/2023

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APPENDIX Repealed Minnesota Statutes: HO100-9 (2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, or heavy metals; and (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. (b) Upon the request of the board, the manufacturer of the product must provide the board with the results of the testing required in this section. (c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession of a certificate of analysis for such hemp, does not meet the testing requirements of this section. Subd. 5. Labeling requirements. (a) A product regulated under this section must bear a label that contains, at a minimum: (1) the name, location, contact phone number, and website of the manufacturer of the product; (2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; and (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed. (b) The information in paragraph (a) may be provided on an outer package if the immediate container that holds the product is too small to contain all of the information. (c) The information required in paragraph (a) may be provided through the use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if that page contains all of the information required by this subdivision. (d) The label must also include a statement stating that the product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved. (e) The information required by this subdivision must be prominently and conspicuously placed on the label or displayed on the website in terms that can be easily read and understood by the consumer. (f) The labeling must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA. Subd. 5a. Additional requirements for edible cannabinoid products. (a) In addition to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the requirements of this subdivision. (b) An edible cannabinoid product must not: (1) bear the likeness or contain cartoon -like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) be modeled after a brand of products primarily consumed by or marketed to children; (3) be made by applying an extracted or concentrated hemp -derived cannabinoid to a commercially available candy or snack food item; (4) contain an ingredient, other than a hemp -derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5) be packaged in a way that resembles the trademarked, characteristic, or product -specialized packaging of any commercially available food product; or (6) be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. (c) An edible cannabinoid product must be prepackaged in packaging or a container that is child -resistant, tamper -evident, and opaque or placed in packaging or a container that is child -resistant, tamper -evident, and opaque at the final point of sale to a customer. The requirement that packaging be child -resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydro c annab ino l . 2R