Or. Admin. Code § 845-025-3255

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

Section 845-025-3255 - Alternating Proprietors

(1) A cannabinoid edible or topical processor that applied for a license prior to January 1, 2019, may share a food establishment, as defined in ORS 616.695, with another cannabinoid edible or topical processor, or a cannabinoid concentrate processor who was licensed and authorized to share a food establishment under this rule prior to January 1, 2019, if:

(a) The schedule, with specific hours and days that each processor will use the food establishment, is prominently posted at the entrance to the food establishment and has been approved by the Commission:

(A) The schedule must be submitted to the Commission in writing and will be approved if it demonstrates that use of a shared food establishment by multiple processor licensees does not create an increased compliance risk.

(B) A processor licensee may only change the schedule with prior written approval from the Commission.

(b) In addition to the applicable requirements of OAR 845-025-1410, each licensee must designate a separate area to secure any marijuana, cannabinoid products, concentrates or extracts that a licensee stores at the food establishment. The designated area must only be accessible to the licensee. If a cannabinoid processor does not store marijuana, cannabinoid products, concentrates or extracts at the food establishment those items must be stored on a licensed premises.

(2) A food establishment used by a processor licensee is considered a licensed premises and must meet the security and other licensed premises requirements in these rules.

(3) In order to qualify to share a food establishment under this rule:

(a) Concentrates manufactured under this rule must be used in the production of the processor's cannabinoid edibles or topicals; and

(b) Concentrates manufactured under this rule may not be transferred to another licensee.

(4) A processor is strictly liable for any violation found at a shared food establishment during that processor's scheduled time or within that processor's designated area in the food establishment.

(5) On and after January 1, 2019, a licensee who was approved to share a food establishment under this rule may not continue to share a food establishment if there are any changes of ownership.

(6) Violation of this rule is a Category II violation.

Or. Admin. Code § 845-025-3255

OLCC 24-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17; OLCC 6-2017, f. & cert. ef. 6/30/2017; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 110-2022, minor correction filed 03/25/2022, effective 3/25/2022

Statutory/Other Authority: ORS 475C.017 & ORS 475C.085

Statutes/Other Implemented: ORS 475C.085 & ORS 475C.161