SECTION 310:681-5-8.1. Food safety standards for processors

(a)   Purpose. This Section sets forth the food safety standards that processors must comply with in the preparation, production, manufacturing, processing, handling, packaging, and labeling of edible medical marijuana products.

(b)   Existing law. This Section does not relieve licensed processors of any obligations under existing laws, rules, and regulations, including 63 O.S. § 1-1101 et seq., OAC 310:257, and OAC 310:260, to the extent they are applicable and do not conflict with 63 O.S. §420 et. seq.

(1)   The sale, offer to sell, dispense or release into commerce of any food or confection under a name, label, or brand when the name, label, or brand either precisely or by slang term or popular usage, is the name, label, or brand of marijuana is not prohibited.

(2)   Marijuana used in food shall be considered an additive, a component, and/or an edible substance.

(3)   Marijuana shall not be considered a deleterious, poisonous, or nonnutritive substance, and the use of marijuana, alone, in food shall not make such food adulterated or misbranded.

(c)   Updated law. In the event the Oklahoma Board of Health or the Commissioner of Health amends OAC 310:257 or OAC 310:260, adopts new food safety rules, or incorporates into Oklahoma law updated federal food safety standards, including Title 21 of the Code of Federal Regulations, licensed processors shall comply with such rules to the extent they are applicable and do not conflict with 63 O.S. §420 et seq., 63 O.S. § 427.1 et seq., or these rules.

(d)   Board meetings. The Food Safety Standards Board shall meet as regularly as its members deem necessary to review Oklahoma food safety laws and these rules and to take action, including amending and/or adding recommended standards to the Oklahoma Board of Health or the Commissioner of Health.

(e)   Labeling and packaging. Labels and packages for food containing marijuana shall comply with all applicable requirements in existing Oklahoma law, rules, and regulations, and any laws incorporated therein by reference, to the extent they do not conflict with 63 O.S. §420.

(1)   21 CFRPart 101, as of August 22, 2018, is hereby incorporated by reference into this Section to the extent it is applicable and does not conflict with 63 O.S. §420 et seq. and 63 O.S. § 427.1 et seq.

(2)   Existing requirements for principal display panels or information panels include:

(A)   Name and address of the business;

(B)   Name of the food;

(C)   Net quantity or weight of contents;

(D)   Ingredients list;

(E)   Food allergen information; and

(F)   Nutrition labeling, if required under 21 CFR § 101.9.

(3)   In addition, principal display panels or information panels must contain:

(A)   List of cannabis ingredients;

(B)   The batch of marijuana;

(C)   The strain of marijuana (optional);

(D)   THC dosage in milligrams per unit; and

(E)   The lot code.

(4)   Nutrient content, health, qualified health and structure/function claims must comply with the Food and Drug Administration ("FDA") Food Labeling Guide.

(5)   Packaging must contain the statement, "For accidental ingestion call 1-800-222-1222."

(6)   All packages and individually-packaged product units, including but not limited to those from bulk packaging, must contain the Oklahoma uniform symbol in clear and plain sight. The Oklahoma uniform symbol must be printed at least one-half inch by one-half inch in size in color.

(7)   In order to comply with OAC 310:681-7-1(d)(4) and this Section, a label must contain a warning that states, "Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects or while breastfeeding."

(f)   Recommended HACCP. A Hazard Analysis and Critical Control Plan ("HACCP"), as set forth under 21CFR Part 120, shall be recognized as a standardized best practice to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable. Processors are encouraged to adopt a HACCP to help ensure compliance with existing Oklahoma food safety laws, particularly OAC 310:260-3-6.

(g)   Private homes; living or sleeping quarters.

(1)   A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting processing operations.

(2)   Living or sleeping quarters located on the premises of a processor such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.

[Source: Added at 36 Ok Reg 222, eff 12-20-18 (emergency); Added at 36 Ok Reg 1759, eff 9-13-19; Amended at 37 Ok Reg 13, eff 9-14-19 (emergency); Amended at 37 Ok Reg 168, eff 11-1-19 (emergency); Amended at 37 Ok Reg 1461, eff 9-11-20]