Product Labels

In Texas, product labels and packaging for consumable hemp are governed by 25 TAC Chapter 300, Subchapter D (§§300.402–300.407), as amended effective March 31, 2026, which implements Health and Safety Code §§443.204–443.205. Jurisdiction: Texas — if you sell in Texas, this applies to what's on your shelf, including products made out of state (§300.403).

What the rules require, in one breath: eight label elements (including a working link to the product's COA), five specific warnings, the label on the outer packaging of every unit sold at retail, and packaging that is tamper-evident, child-resistant, and — for multi-serving products — resealable. Everything below is the detail, with the rule-requires items separated from our operational advice.

25 TAC §300.402(a) and HSC §443.205(a) together require every consumable hemp product marketed as containing cannabinoids to be labeled with:

And the link has to work. 'Reaches the COA in three or fewer steps' is the rule's own standard — a QR or URL that lands on a homepage, a marketing page, or a dead link fails it. Scan every code at intake; where it lands is the whole point.

§300.402(b) requires these specific warnings on the label — treat the wording as fixed, not as themes to paraphrase:

Placement: the current DSHS rule requires the label to appear on the outer packaging of each product intended for individual retail sale (§300.402(c)), while HSC §443.205(c) permits the label to appear on either inner or outer packaging. Those provisions are in tension. Labeling the outer packaging satisfies both readings; have counsel confirm the appropriate treatment for your packaging configuration.

Packaging (rule-requires, §300.405): before sale, the product must be prepackaged — or placed, at the time of sale, in packaging — that is (1) tamper-evident, (2) child-resistant, and (3) resealable if it holds multiple servings or multiple products, with the child-resistant mechanism staying intact. Note that 'at the time of sale' puts this duty squarely at the register: child-resistant is the requirement everyone knows, but tamper-evident and resealable are just as binding.

Misleading packaging (rule-requires, §300.407): you must not sell a product in packaging that would likely mislead someone to believe it contains no hemp-derived cannabinoid, or that it's intended for medical use.

The adopted Chapter 300 rules do not contain a general candy-look-alike or copycat-trade-dress prohibition. The proposed §300.405 included child-attractive and trade-dress restrictions, but that subsection was removed before adoption. Final §300.407 instead prohibits packaging likely to mislead a person into believing the package contains no hemp-derived cannabinoid or that the product is intended for medical use. Whether a particular imitation package violates §300.407 depends on its facts. Other law may apply separately, including Texas consumer-protection and food-misbranding law, federal FDA/FTC enforcement theories, and trademark or trade-dress law. This lesson does not determine those questions.

If packaging could be mistaken for ordinary candy or snacks, treat that as a review flag — not an automatic §300.407 violation. Ask whether the particular statement, artwork, or design could mislead someone about cannabinoid content or medical use, and consider separate federal and other legal exposure. When in doubt on a specific product, ask counsel rather than guessing.

The label's lot number and its COA link tie every lesson together: the label points to the COA, the COA belongs to a lot, and the lot number connects package, document, and your records. Operationally, the label and the COA must agree — same lot, and potency consistent with what the linked lab report says. The linked COA must show the amount of cannabinoid per serving or unit, total THC, and total delta-9 THC.

One conservative note: whether potency amounts must also be printed on the label itself (beyond serving size, which is required) is not crisply settled in the rule text. Our advice: make sure the amounts are reachable through the link — that's clearly required — and treat printing them on the label as best practice. Have counsel confirm your specific template.

Also worth knowing exists: §300.406 requires written procedures and records for receiving, examining, approving, and destroying label stock. That duty sits chiefly with manufacturers and processors — but it's why 'the printer made a mistake' is never an accepted excuse upstream, and why you can insist your suppliers fix label errors fast.

These are the mundane gaps a label review at intake catches — each one maps to a requirement above:

Future-effective, flagged so you can plan: on November 12, 2026, a federal provision (Section 781 of the FY2026 appropriations act, signed November 2025) redefines federal hemp from 0.3% delta-9 THC to 0.3% total THC and caps finished products at 0.4 mg total THC per container. Nothing about your Texas label obligations changes today — but products and potency panels that are lawful in Texas right now may become federally unlawful on that date. If your catalog hasn't been audited against the total-THC standard yet, start before fall inventory buys.