Marihuana Taxation & Regulation Act potentially relevant packaging provisions

Proposed Article 11, S. 171(2) (would amend State Alcoholic Beverage Control Law)

NO PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE
ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES
IN ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE
LIQUOR AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS
AS MAY BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH
ALL NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.

Proposed Article 11, S. 173(4) (would amend State Alcoholic Beverage Control Law)
NO MARIHUANA RETAIL LICENSEE SHALL OFFER FOR SALE ANY MARIHUANA
PRODUCTS IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,
AS RECEIVED FROM THE PRODUCER OR PROCESSOR. SUCH CONTAINERS SHALL HAVE
AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY THE RULES OF THE
LIQUOR AUTHORITY, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS
REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED NOR ITS CONTENTS
CONSUMED ON THE PREMISES WHERE SOLD.

Proposed Article 11, S. 176(1) and (2) (would amend State Alcoholic Beverage Control
Law)
PACKAGING OF MARIHUANA PRODUCTS.

1. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE
PACKAGING OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK
STATE.
2. SUCH REGULATIONS SHALL INCLUDE REQUIRING PACKAGING MEETING REQUIRE-
MENTS SIMILAR TO THE FEDERAL "POISON PREVENTION PACKAGING ACT OF 1970,"
15 U.S.C. SEC 1471 ET SEQ.


Proposed Article 11, S. 177(1) through (6) (would amend State Alcoholic Beverage
Control Law)
LABELING OF MARIHUANA PRODUCTS. 1. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE
LABELING AND OFFERING OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE
WITHIN THIS STATE.
2. SUCH REGULATIONS SHALL BE CALCULATED TO: (A) PROHIBIT DECEPTION OF
THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY AND IDENTITY
OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS BUSINESS.
3. THE LIQUOR AUTHORITY MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF
HEALTH WHEN NECESSARY BEFORE PROMULGATING RULES AND REGULATIONS UNDER
THIS SECTION.
4. SUCH REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS
OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM THE CONSUMPTION
OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,
IF SUCH LABELS ARE DEEMED WARRANTED BY THE AUTHORITY AFTER CONSULTATION
WITH THE DEPARTMENT OF HEALTH.
5. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS AND PROCEDURES
FOR DETERMINING SERVING SIZES FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE
CANNABIS CONCENTRATION PER SERVING SIZE, AND NUMBER OF SERVINGS PER
CONTAINER. SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL
THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.
6. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH THIS SECTION SHALL BE
GROUNDS FOR A FINE, SUSPENSION, REVOCATION OR CANCELLATION OF THE
LICENSE.