Package applications cover only the physical container holding the marijuana item or an outer container. All text, logos, pictures, and graphics are considered part of the label and must be submitted as a separate label application.
The application fee for a package or label is nonrefundable. Make sure you understand the rules and requirements before submitting an application because you will not be refunded for submitting the wrong type of application.
The Commission evaluates the packaging for all marijuana items for ultimate sale to a consumer, patient, or caregiver. The packaging must:
- Not be attractive to minors;
- Not contain any untruthful or misleading information;
- Protect the marijuana item from contamination and not impart any toxic or harmful substance to the marijuana item;
- Be labeled in accordance with the labeling rules; and
- Meet the standards for child-resistance.
Once the OLCC approves a package, it can be used by any licensee or registrant and does not need to be resubmitted for approval. All packages approved by the OLCC will be added to the pre-approval list on the Packaging and Labeling portion of the OLCC website (see top of page).
Child-resistant Packaging
All marijuana and hemp items, except for immature marijuana plants and seeds, must leave the retail store or dispensary in child-resistant packaging. The container that holds the marijuana item can be child resistant on its own, but if the container is not child resistant, that container must be placed inside a child-resistant exit package at the point of sale.
In order for the OLCC to consider a package child-resistant, it must be tested and certified as child resistant by a third-party testing firm. The OLCC does not test packaging for child resistance or determine whether a package meets the child-resistant standards. Documentation proving the package is certified as child resistant must be included with the package application if the package is to be considered child resistant.
To learn more about child-resistant packaging and find a list of third-party testing firms, please read the guide published by the Consumer Product Safety Commission (CPSC):http://www.cpsc.gov/Regulations-Laws--Standards/Statutes/Poison-Prevention-Packaging-Act/Child-Resistant-and-Senior-Friendly-Packages-packaging-guide/
The OLCC does not promote or endorse any of the testing firms in the CPSC guide. Applicants may use a third-party testing firm that is not included on this list.
There are two types of child-resistant packaging: (1) single-use packages and (2) resealable and continually, child-resistant packages.
Single-Use Packages - child-resistant until opened by the consumer
- Usable marijuana items such as trim, flower, or pre-rolls
- Must be certified as meeting the child-resistant standards (16 CFR 1700) by a third-party testing firm
Resealable and Continually, Child-Resistant Packages – continue to be child-resistant every time the package is opened and reclosed
- All extracts, concentrates, and cannabinoid products must leave the retail store or dispensary in a resealable and continually, child-resistant package
- Must be certified as meeting the child-resistant standards (16 CFR 1700) by a third-party testing firm
Attractive to Minors
OAR 845-025-7000(1) defines “attractive to minors" as packaging, labeling and marketing that features:
- Cartoons (see OAR 845-025-7000 for definition);
- A design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;
- Symbols or celebrities that are commonly used to market products to minors;
- Images of minors; or
- Words that refer to products that are commonly associated with minors or marketed by minors.