Kentucky Statutes 217.039 – Ingestible or cosmetic cannabidiol products — Manufacturer or processor to be permitted — Labeling and certificate of analysis requirements
(a) “Cannabidiol” means a non-psychoactive cannabinoid found in the hemp plant Cannabis sativa which has the chemical name 2-[(1R,6R)-3-methyl-6-prop-1- en-2-ylcyclohex-2-en-1-yl]-5-pentylbenzene-1,3-diol;
(b) “Certificate of analysis” means a document produced by a laboratory that has been accredited pursuant to standards of the International Organization for Standardization, attesting to the composition of a product. The certificate of analysis shall include but not be limited to the amount of delta-9 tetrahydrocannabinol, the amount of other cannabinoids, the amount of pesticide residues, the amount of heavy metal traces, the amount of mycotoxin contaminants, the amount of residual solvents, and the amount of microbiological contaminants;
Terms Used In Kentucky Statutes 217.039
- Labeling: means the label and other written, printed, or graphic matter: (a) On the pesticide or device, or any of its containers or wrappers. See Kentucky Statutes 217.544
- Pesticide: means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest. See Kentucky Statutes 217.544
(c) “Hemp” has the same meaning as in KRS § 260.850; and
(d) “Quick response code” or “QR code” means a type of machine-readable, two
(2) dimensional bar code that stores information about a product.
(2) A manufacturer or processor of ingestible or cosmetic cannabidiol products located in Kentucky shall:
(a) Be permitted as a food manufacturer or a cosmetic manufacturer by the cabinet and shall provide the following information:
1. The name of the manufacturer or processor and the physical address where production or processing occurs; and
2. A listing of the cannabidiol products to be produced or processed; and
(b) Obtain a certificate of analysis for all cannabidiol products to be sold or otherwise distributed in the Commonwealth.
(3) All ingestible or cosmetic cannabidiol products sold or otherwise distributed in the Commonwealth shall bear labeling to allow the consumer to access information on the product, including a certificate of analysis for the product, the location where the hemp was grown, and the address and phone number of the manufacturer or distributor using the following:
(a) A scannable bar code, including the batch number or serial number of the product;
(b) A QR code; or
(c) A Web address linked to a document or Web site.
(4) No product labeling or advertising material for any ingestible or cosmetic cannabidiol product sold or otherwise distributed in the Commonwealth shall bear any claims stating that the product can diagnose, treat, cure, or prevent any disease.
(5) The cabinet shall promulgate administrative regulations to establish labeling requirements for ingestible or cosmetic cannabidiol products in accordance with the provisions of this section.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 68, sec. 1, effective June 29, 2021.