Or. Admin. Code § 603-048-0400

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-048-0400 - Reporting Requirements

(1) A licensee must immediately report, within 48 hours, the theft or loss of industrial hemp or hemp items to the Department. A licensee must provide a copy of the police report of such a theft to the Department or the police report number of such a theft upon the Department's request. A vendor is not required to report shrinkage of industrial hemp or hemp items.

(2) An applicant or licensee must report to the Department in writing within 10 days of the following:

(a) A disciplinary proceeding or enforcement action by another government entity that may affect the applicant or licensee's business;

(b) Permanent closure of a grow site, research facility, vendor site or handling site. The applicant or licensee is responsible for all activities at a grow site, research facility, vendor site or handling site until the date the Department is notified of a permanent site closure in accordance with OAR 603-048-0800(1).

(c) Any felony conviction of the grower applicant or grower licensee or if a legal entity, any key participant, relating to a controlled substance.

(d) On a form provided by the Department and changes to the name, address, e-mail or telephone number of the licensee, primary contact person, or any key participant within 10 days of the change;

(e) On a form provided by the Department, the removal of a production area and the addition of a production area at a grow site prior to producing at a production area not licensed with the Department. The grower must comply with OAR 603-048-0200(6)(a) prior to producing at a production area not licensed with the Department.

(f) Any and all licensed production areas that the licensee decides not to plant with industrial hemp or does not plant with industrial hemp during the licensing year.

(3) Changes in Business Structure or Ownership. A licensee that proposes to change its business structure or ownership structure must submit a complete Change in Business or Ownership on a form provided by the Department to the Department, prior to making such a change.

(a) The Department shall approve the change if the change would not result in an initial or renewal application denial or revocation under these rules.

(b) If the licensee proceeds with the change without an approved Change in Business or Ownership form, the licensee must surrender the license in writing or the Department shall revoke the license.

(c) The Department may refuse to accept a Change in Business or Ownership form for a change in business structure or financial interest if the licensee is expiring in less than 90 days, the licensee is under investigation by the Department, or has been issued a Notice by the Department following an alleged violation and the alleged violation has not been resolved.

(d) If a licensee has a change in ownership that is 51% or greater, a new application and application fees must be submitted. The Department shall process the application in accordance with these rules, notwithstanding 603-048-0200(1) except that no new production areas or grow sites other than those included in the original license may be added or moved after May 31 unless otherwise permitted by OAR 603-048-0200(6)(a).

(e) A licensed grower must submit with the Change in Business or Ownership consent for a criminal background check for any new licensee or key participant in the licensed business in accordance with OAR 603-048-0200(4)(d).

(4) Licensees must pay the change fee described in OAR 603-048-0700 for each change form submitted under section (2)(b), (d), (e) or (3)(a))of this rule.

(5) Growers must ensure that all laboratory THC test results for all harvest lots are timely reported to the Department and that any failed test report is immediately reported to the Department as required by these rules.

(6) By December 1 of the current license year:

(a) Growers shall report to the Department on forms provided by the Department:

(A) Amount of industrial hemp planted (in acres or square feet);

(B) Amount of industrial hemp harvested;

(C) Any other information as specified on the forms by the Department.

(b) Handlers shall report to the Department on forms provided by the Department:

(A) Type of industrial hemp commodities and products produced;

(B) The amount of industrial hemp commodities and products produced per type; and

(C) Any other information as specified on the forms by the Department.

(7) Growers shall report hemp crop acreage to the United States Department of Agriculture Farm Service Agency in accordance with 7 CFR 990.7 the following information:

(a) Street address and geospatial location for each production area;

(b) Acreage dedicated to the production of hemp or greenhouse or indoor square footage dedicated to hemp; and

(c) Department grower license number.

(8) Growers must submit at least one of the following reports to the Department for each production area registered with the Department by no later than December 1 of the license year. Submission by December 1 does not excuse failure to comply with any other applicable deadline.

(a) Report of decision not to plant the production area during the license year as described in section (2)(f) of this rule.

(b) Test report as described in OAR 603-048-0600.

(c) Waste and disposal form as described in OAR 603-048-0640.

(d) Loss report as described in section (1) of this rule.

(e) Permanent closure report as described in section (2)(a) of this rule.

(f) Notification to the Department that crop is still growing in the production area.

(9) For purposes of this rule, "permanent closure" means that the grow site, research facility or a handling site will not be used for licensed activities for the remainder of the licensed year. Licensed activities include any form of producing, including possession of any live plants or germination of seeds, any form of processing, and any storage of industrial hemp or hemp products and commodities.

(10) For the purposes of this rule, "shrinkage" means the loss of inventory due to circumstances such as shoplifting, fraud, employee theft, and administrative error.

Or. Admin. Code § 603-048-0400

DOA 3-2015, f. & cert. ef. 1/29/2015; DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16; DOA 19-2016, f. & cert. ef. 10/28/2016; DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15- 17 thru 9-10-17; DOA 13-2017, f. & cert. ef. 8/30/2017; DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018; DOA 23-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018; DOA 14-2018, amend filed 04/03/2018, effective4/3/2018; DOA 27-2018, amend filed 11/29/2018, effective 12/3/2018; DOA 12-2019, amend filed 05/15/2019, effective 5/15/2019; DOA 22-2021, temporary amend filed 07/28/2021, effective 7/28/2021 through 1/23/2022; DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021; DOA 29-2021, amend filed 12/29/2021, effective 1/1/2022; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023; DOA 13-2024, amend filed 06/05/2024, effective 6/5/2024

Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348

Statutes/Other Implemented: ORS 571.260 - 571.348