Or. Admin. Code § 603-048-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 603-048-0100 - Licensing, generally

(1) Industrial hemp is an agricultural product subject to regulation by the Department.

(2) Only a licensee may sell, store, receive or transfer industrial hemp, except as provided in ORS 475C.305, ORS 571.266 and this rule.

(a) Laboratories are not required to be licensed with the Department to sample, test, or transfer or store industrial hemp for sampling and testing purposes; and

(b) Seed testing facilities with a registered seed technologist registered by the Society of Commercial Seed Technologist or certified seed analyst certified by the Association of Official Seed Analysts are not required to be licensed with the Department to sample, test, treat, or transfer or store industrial hemp seed or seedlings for sampling and testing purposes.

(3) Licenses.

(a) Apply only to the individual or legal entity identified on an application that is approved by the Department.

(b) Are a personal privilege and may not be transferred.

(c) May not be sold or transferred.

(4) For transfers and sales within Oregon, a licensee may only sell or transfer industrial hemp or agricultural hemp seed to:

(a) Another licensee; or

(b) An OLCC licensee in accordance with ORS 571.336, ORS 571.337, and rules adopted thereunder.

(5) A grower may not transfer or sell a growing mature hemp plant unless it has passed preharvest testing in accordance with OAR 603-048-0600.

(6) Restriction on industrial hemp product sales:

(a) For the purposes of this section, "consumer" means a person who purchases, acquires, owns, holds or uses industrial hemp products other than for the purpose of resale.

(b) A licensee may not sell an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless licensed as a retailer by OLCC.

(7) Licensure and compliance with these rules does not protect a person from possible criminal prosecution under state or federal law or other sanctions by other governmental entities.

Or. Admin. Code § 603-048-0100

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 27-2018, amend filed 11/29/2018, effective 12/3/2018; DOA 12-2019, amend filed 05/15/2019, effective 5/15/2019; DOA 20-2020, amend filed 12/15/2020, effective 1/1/2021; DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021; 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