New York Compliant Terpenes
Scott Holden
|
July 25, 2024
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New York Compliant Terpenes
Scott Holden
|
November 18, 2024
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As terpenes become more popular, even an expected addition, to enhance flavor and aroma of the original cannabis plant, state level legislation is working hard to catch up. From pre-rolls to vape carts to edibles, cannabinoid and hemp processors are having to pivot the way they formulate in order to stay ahead of new compliance regulations.
In New York, the compliant use of terpenes hinges on natural hemp-derived terpenes over synthetics, adherence to the amounts of terpenes allowed, and consumer transparency standards for labeling. (Note: These regulations do not override those put in place by the federal government.)
The Regulator: New York Office of Cannabis Management (OCM)
The New York Office of Cannabis Management (OCM) oversees the regulation of cannabis in the state, including and all cannabis-derived products such as terpenes.
The state’s cannabis laws establish the legal framework for adult-use cannabis, including guidelines for production, distribution, and sales.
Cannabis Product Requirements
Synthetic cannabinoids are banned in the State of New York as a means of consumer protection, as are synthetic terpenes and botanical terpenes unless they are identical to cannabis/hemp-derived terpenes. In regard specifically to terpenes, current New York legislation reads:
"Except for hemp-derived terpenes, excipients and ingredients must be pharmaceutical grade unless otherwise approved by the office, and shall not include:
- synthetic terpenes
- polyethylene glycol (PEG)
- vitamin E acetate
- medium chain triglycerides (MCT oil)
- medicinal compounds
- illegal or controlled substances
- artificial food coloring
- benzoic acid
- diketones
…and any other compound or ingredient as determined by the office in regulation; not contain any flavors or flavoring agents, except for hemp-derived terpenes; and include an office approved symbol, as set out in future regulation, in a manner that is clear and conspicuous."
In other words, absolutely no synthetics can be used when it comes to either cannabinoids or terpenes, and any additives must represent elements found naturally in cannabis.
The text further reads, “Cannabinoid hemp product means hemp or any product manufactured or derived from hemp, including hemp derived terpenes, in its final form, used for human consumption,” meaning that any time the term “cannabinoid hemp product” is used, the regulations also apply to cannabis/hemp-derived terpenes.
Lab Effects terpenes are free from artificial ingredients and solvents and comply with New York State regulations.
Hemp-Derived Product Requirements
Whether its CBD or delta-8 THC, New York is establishing specific regulations for hemp-derived products. The most pertinent regulations around terpenes are specifically for cannabinoid hemp products distributed within New York State or offered for retail sale in New York State. It includes the following:
- Products must contain no more than 0.3% total Δ9-tetrahydrocannabinol (delta 9-THC) concentration.
- A 15:1 ratio must be maintained of all other cannabinoids and THC.
- Products must comply with product testing standards for cannabinoid hemp products.
- Vaporized or inhalable cannabinoid hemp products cannot exceed more than ten (10) percent total terpenes.
When it comes to requirements for flavored, vaporized, or inhaled cannabis products, only hemp-derived terpenes are permitted as flavoring agents. Specifically, cannabis final products cannot be flavored in such a way as to be attractive to persons under the age of 21.
No agents to affect flavoring (including terpenes) can be added if it creates a flavor that is distinguishable from the original cannabis flavor or if it makes the product taste like candy, menthol, vanilla, chocolate, ice cream, or any others of a significant list of banned flavors, including concept flavors.
Compliance Standards
To be sold in New York State, final products must also meet rigorous compliance standards.
Testing Regulations
All cannabis products, including terpenes, must undergo rigorous testing by licensed laboratories to ensure safety and potency. This testing mainly focuses on contaminants (e.g., pesticides, heavy metals, residual solvents, microbial impurities, etc.) to protect public health, but also includes testing for potency, including:
- Less than 0.3% total Δ9-tetrahydrocannabinol (delta-9 THC)
- A ratio of 15:1 other cannabinoids in relation to delta-9 THC
- Equal or less than 10% terpenes by weight for vaporized or inhalable products
Labeling Requirements
All cannabis-derived products must be accurately labeled, providing essential information such as ingredients, potency (both for cannabinoid and terpene content), and any potential allergens. Clear labeling helps consumers understand what they are purchasing and promotes transparency.
Additionally, labeling must be engineered to reduce attractiveness to people under 21. For example, it’s suggested that if a cultivar name includes one of the flavor words that are otherwise banned, it should be minimized in a smaller font. Color saturation, cartoons, and other aspects of packaging are strictly regulated.
Quality Control
Businesses must implement quality control measures to ensure their terpene products meet safety and regulatory standards. This includes maintaining records of testing results and compliance documentation. Since many false potency claims have been made in recent years, the OCM has introduced strict testing and reporting guidelines for consumer transparency.
New York Regulations: Implications for Terpene Products
Knowing what is in your terpenes is critical, as using disallowed terpenes can become a costly non-compliance issue. When purchasing terpenes, companies should remember that not all terpenes are created equal and that synthetics and botanicals that don’t meet New York State regulations can render any product to which they are added unfit for market.
Failure to comply with state regulations regarding cannabis and terpenes manufacture and sale can result in potential state-enforced product recalls, quarantines, and even product seizures and incinerations. The associated loss of revenues coupled with steep fines can mean significant financial implications for lost revenue and quarantined products.
Lab Effects has a complete line of all-natural, cannabis-derived terpenes.
They are free of synthetics, restrictive additives, and any consequences for vape manufacturers. Partner with Lab Effects for New York Compliant Terpenes!
Contact us directly
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A Terpene Partner You Can Trust
All of Lab Effects’ cannabis-derived terpenes are New York compliant. Here’s why we’re the perfect partner for all of your terpene needs.
A Commitment to Compliance
We’re fully dedicated to meeting all of New York’s current and future terpene regulations and helping you do the same with your terpene-inclusive products. Whether you are seeking to enhance vape cartridges with natural terpenes to capture features of well-known cannabis strains or trying to develop your own bespoke alcoholic and non-alcoholic beverages, we’re behind your process, helping you stay compliant with state laws.
As the gold standard of terpenes, Lab Effects is the only supplier in the industry that holds cGMP certifications under a tightly controlled quality assurance program with certifications for multiple FDA codes covering 21CFR 117 / 21CFR 111, ISO, and HACCP. These certifications are maintained through annual audits conducted by a globally recognized certification body that is ANAB/ANSI accredited. No other supplier currently meets this level of compliance and quality control.
All-natural Product Offerings
All of our terpenes are 100% naturally derived from cannabis or botanical sources and 100% compliant with New York law as currently written. We do not manufacture or offer synthetic terpenes. Our products are simply and factually named with no obfuscation, confusing terms, or obscure branding and come in various mixable and infusible formats, including flowable and nano-emulsions.
We do not add any of the very frequently seen adulterants used by most industry suppliers to artificially boost aromas with synthetic industrial odorizers, “flavorants,” or volatile sulfur compounds (VCS) (“Cannasulfurs”). We do not hide flavoring in cannabis profiles; we clearly label all items that contain flavoring as an intentional product category, not used to fool the buyer into believing strains actually smell like candy or similar.
A Collaborative Approach
In addition to our pledge to make sure you have access to 100% compliant terpenes that fit all your product development goals, Lab Effects is also committed to working with regulators and industry partners to ensure we stay ahead of ongoing regulatory changes and updates made by state departments so you never have to worry about your terpene supply chain. Terpenes have so much to offer, and it’s our goal to be a part of the bigger picture as terpenes become better understood and more fully utilized.
Explore Lab Effects' range of compliant, all-natural terpenes today. You can contact us directly with any questions or to obtain more information about our natural cannabis-derived and botanical terpene products.