Or. Admin. Code § 603-048-2300

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

Section 603-048-2300 - Testing of Industrial Hemp for Human Consumption and Hemp Items

(1) A grower or handler may not sell or transfer industrial hemp for human consumption or a hemp item unless it is first tested by a laboratory as required by these rules.

(2) Violations of these rules may result in the suspension or revocation of a licensee's license or the imposition of civil penalties, or both. Violations include:

(a) Failure to test industrial hemp for human consumption or a hemp item in accordance with these rules;

(b) Selling, transferring, or attempting to sell or transfer industrial hemp for human consumption or a hemp item that fails to meet testing requirements required by these rules;

(c) Failure to maintain a copy of all required test reports as required by OAR 603-048-0500; and

(d) Failure to report failed test results to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department within 24 hours after receipt of failed result.

(e) Altering or falsifying a laboratory test report or result.

(3) These rules require industrial hemp for human consumption and hemp items to be sampled, tested, and reported in a manner consistent with the Authority's marijuana sampling and testing rules in OAR 333-007-0300 to 333-007-0500 and OAR 333-064. In applying those rules:

(a) Industrial hemp for human consumption and hemp items are treated as their marijuana equivalents as described in OAR 603-048-2310;

(b) References to "licensee or registrant" or "processor or processing site" should be read as "grower" or "handler";

(c) References to "Authority or the Commission" should be read as "Department"; and

(d) References to "consumer or patient" should be read as "consumer" as that is defined in OAR 603-048-2310.

(4) To be sufficient to meet the requirement for testing under these rules, a grower or handler must ensure through a testing agreement or contract with the laboratory that the laboratory:

(a) Samples industrial hemp for human consumption and hemp items according to OAR 333-007-0360 and OAR 333-064-0100;

(b) Tests industrial hemp for human consumption and hemp items according to OAR 333-007-0390 to 333-007-0450 and 333-064-0100;

(c) Keeps records in accordance with OAR 333-064-0100.

(d) Reports all failed tests to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department consistent with reporting requirements under OAR 333-064-0110;

(e) Provides the licensee with test reports that meet the requirements in OAR 333-064-0110.

(f) Provides test reports that clearly identify the process lot identifier.

(g) Meets the proficiency testing requirements in OAR 333-064-0120.

(h) Can demonstrate that its limit of quantification (LOQ) for THC is at or below 0.3 percent THC.

(5) Each hemp item or lot of industrial hemp for human consumption sold, transferred, or attempted to be sold or transferred in violation of these rules is a separate violation.

Or. Admin. Code § 603-048-2300

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 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 29-2021, amend filed 12/29/2021, effective 1/1/2022; DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023

Statutory/Other Authority: ORS 561.190, 571.263, 571.281, 571.285, 571.322 & 571.330

Statutes/Other Implemented: 571.322, 571.330, ORS 571.333, 571.336, 571.337, 571.339 & 571.348