Or. Admin. Code § 603-048-0125

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

Section 603-048-0125 - Grower Licensure

(1) Only a grower licensed with the Department may produce industrial hemp except as exempted in OAR 603-048-0100.

(2) Industrial hemp may only be produced at grow sites and within production areas included on the grower license except as exempted in OAR 603-048-0100.

(3) A licensed grower may use any propagation method, including planting seeds from, or starts, or the use of clones or cuttings, to produce industrial hemp.

(4) The Department shall make available to licensed growers information that identifies licensed agricultural hemp seed producers from whom growers may purchase agricultural hemp seed.

(5) Each grow site or production area identified by the Department that is not included on the grower license is a separate violation of section (2) of this rule.

(6) A licensed grower may trim industrial hemp produced by the grower without a handler license only if the grower:

(a) Trims at the licensed grow site where the industrial hemp was produced;

(b) Submits to the Department prior to beginning any trimming activities a valid land use compatibility statement (LUCS) stating that trimming is permitted signed by the local county or government with jurisdiction over the grow site; and

(c) Complies with all requirements applicable to handlers for the production of usable hemp.

(7) A licensed grower may manufacture kief from industrial hemp produced by the grower without a handler license only if the grower:

(a) Manufactures the kief at the licensed grow site where the industrial hemp was produced;

(b) Submits to the Department prior to beginning any trimming activities a valid land use compatibility statement (LUCS) stating that kief manufacture is permitted signed by the local county or government with jurisdiction over the grow site;

(c) Complies with all requirements and restrictions applicable to handlers for the production of hemp products and commodities and all requirements and restrictions OLCC imposes on producers licensed under ORS 475.065 for manufacturing kief in OAR Chapter 845, Division 25; and

(d) Complies with all applicable testing requirements in OAR 603-048-2300 for kief.

(8) For a grow site that proposes or is licensed to trim or manufacture kief, if the Department receives written notification from the jurisdiction where a proposed grow site or licensed grow site is located that the LUCS is invalid or is no longer valid, the Department may require the applicant or licensee to obtain a new LUCS. If a new LUCS is not submitted, the Department may deny or revoke the license. If the LUCS submitted states that the proposed land use is prohibited in the applicable zone or otherwise fails to demonstrate that the proposed activity is permitted, the Department shall revoke or deny the license.

(9)

(a) A grower may only apply pesticides to industrial hemp or hemp items that are included on the Hemp Program's guide list or approved by the Environmental Protection Agency for use on industrial hemp.

(b) A grower must comply with all applicable laws and rules regulating pesticides.

Note: The Hemp Program's guide list for pesticides is available from the Department.

Or. Admin. Code § 603-048-0125

DOA 27-2018, adopt filed 11/29/2018, effective 12/3/2018; 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 569.445, ORS 571.260 - 571.348 & ORS 633.511-633.996

Statutes/Other Implemented: ORS 571.260 - 571.348