Tennessee Code Title 57. Intoxicating Liquors § 57-7-110

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) Except as provided in subdivisions (a)(2)-(5), an HDCP that is sold at retail must:

(A) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20;

(B) Be packaged in a single package or container that contains no more than the milligram equivalent of twenty (20) servings, or three hundred (300) milligrams of hemp-derived cannabinoids, in the aggregate, in a manner to be determined by the commission by rule; and

(i) A list of ingredients and possible allergens and a nutritional fact panel;

(ii) A conspicuous warning statement having a minimum font size of six-point font concerning the risk of impairment from consumption of the product, keeping the product out of reach of children, and other warning information as required by rule of the commission;

(iii) If the product is ingestible or inhalable in cartridge form, the amount of hemp-derived cannabinoid in each serving of the product, measured in milligrams;

(iv) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams;

(v) The net weight of the product;

(vi)(a) A batch number and a quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of testing completion, and method of analysis for the testing report required under § 57-7-107, including information regarding results of the product's full-panel and potency tests conducted pursuant to § 57-7-107(a);

(b) The QR code required by subdivision (a)(1)(C)(vi)(a) may link to a webpage that includes certificates of analysis for multiple products or batch numbers of the supplier. A separate website or QR code is not required for each individual product or batch number; provided, that:

(1) The certificate of analysis for the specific batch is accessible within no more than three (3) navigational steps from the initial webpage accessed through the QR code;

(2) The batch number may be entered into a search function that returns a direct link to that batch's certificate of analysis, or no individual landing page contains more than one hundred fifty (150) clickable links or options;

(3) The webpage is maintained with current and accurate information for all products and batches offered for sale in this state; and

(4) The required information for each product and batch remains publicly accessible for the longer of twelve (12) months after the product or batch is no longer offered for sale in this state by the supplier or ninety (90) days after the product's stated expiration date;

(vii) An expiration date; and

(viii) For hemp plant parts or hemp flower, the percentages and identity of each hemp-derived cannabinoid present in the HDCP.

(2) For HDCP beverage products, the container must utilize a traditional pull-tab, an aluminum can device currently approved for soft drinks and malt beverages, or a screw-top or cork-style cap used for containers of wine and other alcoholic beverage products.

(3) For HDCPs in cartridge form, the HDCP must be packaged in a single cartridge that contains not more than forty (40) servings, not to exceed five hundred (500) milligrams per cartridge.

(4) For hemp plant parts and hemp flower, the HDCP must be packaged in a single package or container that contains not more than one-half (0.5) of an ounce by weight of HDCP, regardless of the milligram content of hemp-derived cannabinoids in such hemp plant parts or hemp flower.

(5) For HDCPs in the form of a smokeless pouch that contains a hemp-derived cannabinoid for ingestion or absorption, be sold in a single container or tin that contains no more than fifteen (15) pouches, and no more than six (6) milligrams of hemp-derived cannabinoids per pouch.

(b) A person who obtains an HDCP that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b).

(c) A retailer or supplier of an HDCP shall not advertise, market, or offer for sale an HDCP by using, depicting, or signifying, in the labeling or design of the product or product packaging, or in advertising or marketing materials for the product, trade dress, trademarks, branding, or other related product imagery or scenery, characters, or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, or unicorns or other mythical creatures.

(d) An HDCP mixed or infused with, or otherwise used as an ingredient in, beer or alcoholic beverages, must not be manufactured, sold, provided, or served to a consumer in this state and is otherwise strictly prohibited.

(e) An HDCP must not be labeled or otherwise marketed to make any health-related claims, including, but not limited to, claims pertaining to diagnoses, cures, or mitigation or treatment of any human disease or other condition.

(f) Except as provided in subdivisions (a)(2)-(5), an ingestible HDCP containing a hemp-derived cannabinoid must not:

(1) Be sold in a serving that contains more than fifteen (15) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids;

(2) If the HDCP is a hemp-derived cannabinoid beverage product, be sold:

(A) Except as provided in this subdivision (f)(2), in a container that contains more than two (2) servings;

(B) In a container with a volume greater than seven hundred fifty milliliters (750 ml), unless the container is a standard fifteen and one-half gallon (15.5 gal.) keg container or a seven and three-fourths gallon (7.75 gal.) keg container of HDCP beverage product for wholesale sale to a retail licensee only for retail sale in single servings by the glass; or

(C) In a concentration greater than fifteen (15) milligrams of one (1) or more hemp-derived cannabinoids per serving, with the maximum amount of milligrams of hemp-derived cannabinoids per container calculated by multiplying the standard number of servings per type of container by fifteen (15) milligrams; or

(3) Be formed into the shape of an animal or cartoon character.

(g) The commission may promulgate rules for the packaging, labeling, and display of HDCPs that are offered for sale in this state.

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Cite this article: FindLaw.com - Tennessee Code Title 57. Intoxicating Liquors § 57-7-110 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-57-intoxicating-liquors/tn-code-sect-57-7-110/

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