2025 Kentucky Revised Statutes Chapter 217 - Foods, drugs, and poisons 217.039 Ingestible or cosmetic cannabidiol products -- Manufacturer or processor to be permitted -- Labeling and certificate of analysis requirements -- Cannabis-infused beverages.
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KY Rev Stat § 217.039 (2025)
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217.039 Ingestible or cosmetic cannabidiol products -- Manufacturer or processor
to be permitted -- Labeling and certificate of analysis requirements -Cannabis-infused beverages.
(1)
(2)
(3)
(4)
(5)
As used in this section:
(a) "Cannabidiol" means a non-psychoactive cannabinoid found in the hemp
plant Cannabis sativa which has the chemical name 2-[(1R,6R)-3-methyl-6prop-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;
(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.
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.
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 website.
Any product labeling or advertising material for any ingestible or cosmetic
cannabidiol product sold or otherwise distributed in the Commonwealth shall not
bear any claims stating that the product can diagnose, treat, cure, or prevent any
disease.
The cabinet shall promulgate administrative regulations in accordance with KRS
Chapter 13A to establish labeling requirements for ingestible or cosmetic
cannabidiol products in accordance with of this section.
(6)
(a)
(b)
The cabinet shall regulate and license manufacturers of cannabis-infused
beverages.
After the Department of Alcoholic Beverage Control has promulgated
administrative regulations under KRS 243.401 or July 1, 2026, whichever is
earlier, this section shall not apply to any distributor or retailer of cannabisinfused beverages licensed under KRS Chapters 241 to 244. The distribution
and retail sale of cannabis-infused beverages shall then be regulated solely by
the Department of Alcoholic Beverage Control under KRS Chapter 243 and
the administrative regulations promulgated thereto.
Effective: March 25, 2025
History: Amended 2025 Ky. Acts ch. 82, sec. 32, effective March 25, 2025. -- Created
2021 Ky. Acts ch. 68, sec. 1, effective June 29, 2021.
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