Or. Admin. Code § 845-025-3260

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

Section 845-025-3260 - Cannabinoid Concentrate and Extract Processor Requirements

(1) Cannabinoid Concentrates or Extracts. A processor with a cannabinoid concentrate or extract endorsement:

(a) May not use Class I solvents as those are classified in the Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377).

(b) Must:

(A) Only use a hydrocarbon-based solvent that is at least 99 percent purity.

(B) Only use a non-hydrocarbon-based solvent that is food-grade.

(C) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

(D) Use only potable water and ice made from potable water in processing.

(E) If making a concentrate or extract that will be used in a cannabinoid edible, be endorsed as a cannabinoid edible processor and comply with OAR 845-025-3250.

(2) Cannabinoid Extracts. A processor with an endorsement to make cannabinoid extracts:

(a) May not use pressurized canned flammable fuel, including but not limited to butane and other fuels intended for use in camp stoves, handheld torch devices, refillable cigarette lighters and similar consumer products.

(b) Prior to licensure or renewal the applicant must:

(A) Provide proof in a form and manner specified by the commission that the premises proposed to be licensed has received a Certificate of Occupancy for the intended use issued by the appropriate local building official;

(B) Must list all equipment used in extraction and, if applicable, provide proof that equipment and process has been inspected by a:

(i) Certified mechanical or electrical engineer;

(ii) Industry recognized third party; or

(iii) Manufacturer.

(c) Must:

(A) Process in a fully enclosed room clearly designated on the current diagram of the licensed premises.

(B) Process, if using hydrocarbon solvents, in a room with equipment, including all electrical installations that meet the requirements of the Oregon Structural Specialty Code, related Oregon Specialty Codes and the Oregon Fire Code.

(C) Use a professional grade closed loop extraction system designed to recover the solvents and built to codes of recognized and generally accepted good engineering standards, such as those of:

(i) American National Standards Institute (ANSI);

(ii) Underwriters Laboratories (UL); or

(iii) The American Society for Testing and Materials (ASTM).

(D) If using carbon dioxide in processing, use a professional grade closed loop carbon dioxide gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch.

(E) For extraction system engineering services, including but not limited to consultation on and design of extraction systems or components of extraction systems, use the services of a professional engineer registered with the Oregon State Board of Examiners for Engineering and Land Surveying, unless an exemption under ORS 672.060 applies.

(F) Have an emergency eye-wash station in any room in which cannabinoid extract is being processed.

(G) Have all applicable material safety data sheets readily available to personnel working for the processor.

(H) If subject to inspection by local and state fire officials, maintain the premises' Certificate of Occupancy at intervals specified by the fire official.

(3) Cannabinoid Concentrates. A processor with an endorsement to make cannabinoid concentrates:

(a) May not:

(A) Use denatured alcohol.

(B) If using carbon dioxide, apply high heat or pressure.

(b) Must only use or store dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide.

(c) May use:

(A) A mechanical extraction process; or

(B) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.

(C) An extraction process using the solvent carbon dioxide, provided that the process does not involve the use of heat over 180 degrees (Fahrenheit) or pressure.

Or. Admin. Code § 845-025-3260

OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 22-2016, f. 12-22-16, cert. ef. 12/27/2016; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 111-2022, minor correction filed 03/25/2022, effective 3/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023

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

Statutes/Other Implemented: 475C.085 & ORS 571.336