Whether you are a consumer or an entrepreneur, knowing the hemp flower labeling requirements is extremely important when it comes to buying CBD products. In a market where a large number of products are sold every day, it is hard to identify which item is reliable. Being able to notice the red flags about the quality of a hemp flower product is of great importance to avoid health risks.
The 2018 Farm Bill made it legal for farmers, processors, and distributors to grow, produce and sell hemp products, such as flower, oils, extracts, and more. However, the FDA still has to regulate the selling of many other hemp-derived products, such as cosmetics, foods, and dietary supplements. Given its neverending expansion, it is difficult to keep an eye on every single hemp product sold on the market.
Moreover, each state has adopted different regulations about hemp-derived products that are yet to be approved by the FDA. For this reason, understanding all the hemp flower labeling requirements is a must for all consumers. In order to shed some light on this issue, Botany Farms has created this article to let you know all the basics about the CBD labeling requirements.
The FDA’s regulations
Ever since its legalization, the selling of hemp flower and many other CBD products rocketed. From flower to edibles and cosmetics, thousands of manufacturers offer appealing and innovative products, all promising different effects and results.
And it is that last bit the one that creates problems. The lack of strict hemp flower label requirements is leading to mislabeled products and a trend of lawsuits being filed against companies due to mislabeled CBD packaging or misleading marketing. Among these issues, false claims about products’ “benefits” are the most common ones, along with the amount of THC content of the product.
On the other hand, hemp regulations vary depending on each state’s perception of the crop. For instance, some states, like Colorado and Oregon, permit the sale of CBD in foods and dietary supplements. Other states like California have banned certain CBD products, like food or dietary supplements, but don’t have bans on other products, such as CBD cosmetics. In these cases, some regulations regarding labeling and testing are imposed, and everything is overseen by each state’s administration.
As of now, any legal hemp product is considered to be all of the parts and derivatives of the plant Cannabis sativa L. that do not contain more than .3% THC. However, this is just a small bit of what it takes for a hemp product to be both legal and of great quality.
Hemp Flower Labeling Requirements
With so many differences in CBD labeling requirements between states, it is difficult for brands to sell their products in interstate commerce without having to change specific components of their product labels. While it is impossible to go through all state labeling and marketing laws in this article, there is a general guideline proposed by the FDA to ensure compliance across state lines. Whether you are a consumer or a distributor, make sure the following elements are included on your hemp flower product labels every time you are going to buy or sell any item.
This statement indicates what the CBD product is or does. It must be easy to locate and see, and it does not correspond to the brand name.
Net weight statement
This part must indicate the amount of the actual product and the active CBD content per serving. For liquids, this is measured in volume, and by weight for solids. The net quantity of content must appear on the outer container and an informational panel of an inner container.
Name and place of business
To make it easier for consumers to contact the manufacturer or distributor of the product, the name and address are required. This information must be disclosed on an informational panel on both the outer and inner packaging of your hemp flower product. Some manufacturers include a phone number or a QR code.
This requirement makes it difficult for companies that are steering clear from using the term “CBD” in an attempt to mitigate the risk of enforcement action. All CBD products require a full declaration of ingredients, which is displayed on the outer packaging.
Furthermore, make sure that the label states that your hemp flower does not contain more than 0.3% THC.
Warning or caution statements
It is important to see if there are standard warnings for children and pregnant women as well as any complications for people taking other medications. Moreover, some states like Colorado require all CBD products to have the following statement: “FDA has not evaluated this product for safety or efficacy.”
Additionally, many states demand that the labels of hemp products do not include any health claims. If your product implies that it can treat a disease, stay away from it. The FDA carries strong enforcement actions against companies that are marketing unapproved drugs in violation of the FDCA.
In addition to the hemp flower labeling requirements stated above, there are some other elements that will help you identify a quality CBD product:
- Suggested use
- Batch or date code
- Expiration date
- In case you are buying extracts and oils, the label indicates whether it is full-spectrum, broad-spectrum, or isolate.
On the other hand, a growing number of states have started to incorporate a QR code, scannable barcode, or web address that can take the users to a document containing more information about the product they are purchasing. This includes:
- a batch identification number;
- product name;
- expiration date;
- batch size;
- total quantity produced;
- the ingredients used; and
- a certificate of analysis. This document allows the consumer to know the exact cannabinoid count of their product and other information like the terpenes content
As we mentioned before, the hemp flower labeling requirements will change on a state-by-state basis. For instance, states like Indiana have strong labeling regulations, thus the products marketed there must follow these guidelines to be able to sell their items there.
The hemp market is constantly expanding, and so are the regulations imposed on these products. Although the FDA has a long way to go to create a clear guideline on CBD labeling requirements, the entity is open to any guidance and suggestions provided by consumers and manufacturers, in order to make sure that customers are getting exactly what they need from hemp flower.