Mont. Admin. r. 42.39.319

Current through Register Vol. 23, December 6, 2024

Rule 42.39.319 - PACKAGING REQUIREMENTS

(1) All packaging of marijuana and marijuana products shall:

(a) protect the product from contamination and shall not impart any toxic or deleterious substance to the marijuana or marijuana product;

(b) be capable of being resealed if the package contains more than one serving size;

(c) not primarily appeal to children. Packaging that primarily appeals to children includes but is not limited to packaging that:

(i) depicts a child;

(ii) portrays objects, images, celebrities, or cartoon figures that primarily appeal to children or are commonly used to market products to children; or

(iii) otherwise has special attractiveness for children beyond the general attractiveness for adults;

(d) not bear any reasonable resemblance to the trademarked or characteristic packaging of any commercially available product including but not limited to candy, snacks, baked goods, or beverages.

(2) All marijuana and marijuana products provided to customers at the point of sale shall be in exit packaging that:

(a) is child resistant as defined in ARM 42.39.102;

(b) is opaque; and

(c) contains the warnings required by 16-12-215, MCA, in the format required by 16-12-208, MCA.

(3) Drinkable marijuana products that contain more than one serving per package must include a device or mechanism for measuring a single serving of the product.

(4) Exit packaging of marijuana and marijuana products provided to customers at the point of sale may not contain any other information or design elements than what is allowed under 16-12-208(6)(b)(ii), MCA. Exit packaging may not reference specific or general marijuana or marijuana products and may not include advertisements, including the promotion of events, sales, or special pricing.

(5) Exit packaging of marijuana and marijuana products provided to customers at the point of sale may contain:

(a) a QR code provided, the code utilizes appropriate measures to verify that individuals visiting the QR code's webpage are 21 years of age or older;

(b) a licensee's phone number or address;

(c) marketing and branding elements.

Mont. Admin. r. 42.39.319

NEW, 2021 MAR p. 1937, Eff. 1/1/2022; AMD, 2024 MAR p. 631, Eff. 3/23/2024

AUTH: 16-12-112, MCA; IMP: 16-12-101, 16-12-112, 16-12-208, MCA