Or. Admin. Code § 603-048-1000

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

Section 603-048-1000 - Violations and Penalties

(1) The Department may impose a civil penalty not to exceed $2,500 on a person for violating:

(a) A provision of ORS 571.260 to ORS 571.348;

(b) A rule adopted under a provision of ORS 571.260 to ORS 571.348; or

(c) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348, or a rule adopted thereunder, including a detainment order.

(2) The Department may impose a civil penalty based on the classification of the violation. The civil penalty amount for each classification is as follows:

(a) Class 1 violation, $2,500;

(b) Class 2 violation, $1000;

(c) Class 3 violation, $500.

(3) The civil penalty amount for each classification are guidelines. If the Department finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater amount.

(4) Common violations are classified as follows:

(a) Class 1 violations include:

(A) Failing to obtain a license with the Department when required under ORS 571.260-571.348 or rules adopted thereunder except as otherwise specified in this rule for vendor site licenses;

(B) Producing cannabis at a grow site not included on the grower license.

(C) Providing any false or misleading information or documentation to the Department or providing false or misleading information or documentation to a laboratory when requesting required testing under these rules;

(D) Falsifying information or records required to be maintained by the Department or submitted to the Department;

(E) Failing to test a hemp item in accordance with OAR 603-048-2300 through 603-048-2480;

(F) Failing to test a harvest lot in accordance with these rules;

(G) Altering or falsifying a laboratory test report or result;

(H) Selling or attempting to sell a hemp item that fails to meet testing requirements required by OAR 603-048-2000 through 603-048-2480;

(I) Selling, transferring, receiving, attempting to transfer, sell, or receive, processing or attempting to process a harvest lot that:

(i) Has not been sampled and tested in accordance with these rules;

(ii) Failed testing under OAR 603-048-0600 and did not otherwise pass testing under OAR 603-048-0630 to 603-048-0630;

(iii) Was invalidly tested as described in OAR 603-048-0600.

(J) Growing or handling cannabis with total THC calculated in accordance with OAR 333-064-0100(4) that exceeds 3 percent on a dry weight basis.

(K) Failing to ensure cannabis, industrial hemp, or industrial hemp commodity or product, or any portion thereof, that is subject to a detainment, embargo, seizure, or destruction order complies with the order as described in OAR 603-048-0900(4).

(L) Failing to timely dispose of cannabis as described in OAR 603-048-0640.

(M) Failing to permit Department staff, or its designee, to inspect and access all parts of the licensed or proposed grow site, handling site, vendor site, equipment, facilities, and any area where cannabis is grown, handled, or stored pursuant to a license or failing to cooperate with any such inspection in accordance with OAR 603-048-0650(3).

(N) Failing to timely report cannabis waste or disposal in accordance with OAR 603-048-0640.

(O) Failing to comply with a Department order.

(P) Repeat violations of Class 2 or Class 3 violations.

(Q) Any other violation of ORS 571.260 to ORS 571.348 or these rules that may cause an immediate threat to the public health or safety.

(R) Failing to provide an accurate legal description of land where hemp is produced.

(S) The third or subsequent instance of failing to obtain a vendor site license when required by these rules.

(b) Class 2 violations include, but are not limited to:

(A) Failing to ensure test reports for the THC content of each harvest lot is timely reported to the Department as required by 603-048-0400.

(B) Failing upon request to timely provide the Department with laboratory test results that verify compliance with these rules.

(C) Failing to identify each non-contiguous production area where cannabis is produced including failing to submit a change form and applicable fee with the Department identifying any additional production areas not identified in the licensee's application.

(D) The second instance of failing to obtain a vendor site license when required by these rules.

(E) Any other uncategorized violation.

(F) Repeat violations of Class 3 violations.

(c) Class 3 violations include but are not limited to:

(A) Failure to keep or provide information or records as required by the Department;

(B) Growing or handling hemp with total THC calculated in accordance with OAR 333-064-0100(4) that fails testing as described in OAR 603-048-0600 but does not exceed 3 percent total THC;

(C) Failing to ensure failed test results of a hemp item are reported to the Department within 24 hours as required by OAR 603-048-2300.

(D) The first instance of failing to obtain a vendor site license when required by these rules.

(5) In addition to the penalty described in subsection (1) of this rule, the Department may impose a civil penalty not to exceed $10,000 against a licensed grower if the Department determines that the licensee produced cannabis on a licensed grow site that contains an average tetrahydrocannabinol concentration of at least 10 percent on a dry weight basis.

Or. Admin. Code § 603-048-1000

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 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018; DOA 25-2017, temporary amend filed 12/20/2017, effective 12/20/2017 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 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019; DOA 20-2020, amend filed 12/15/2020, effective 1/1/2021; 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 11/9/2021; 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 561.120, 561.200, 561.275, 561.190 & ORS 571.260 - 571.348

Statutes/Other Implemented: ORS 571.260 - 571.348