Or. Admin. Code § 845-025-5760

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

Section 845-025-5760 - Audit, Compliance, and Random Testing

(1) The Commission may require a licensee or laboratory licensee to submit samples identified by the Commission to one or more laboratories of the Commission's choosing to be tested in order to determine whether a licensee is in compliance with the cannabis testing rules found in OAR chapter 333, division 7 or any other rules of the Commission and may require additional testing that is not required by these rules.

(2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods, unless otherwise authorized by the Commission.

(3) The Commission may, at any time, require a licensee or laboratory licensee to permit the sampling of or submit a sample of a marijuana item, industrial hemp, or a hemp item of the Commission's choosing to the Commission for testing. Such testing may include testing for:

(a) Anything that is required to be tested under OAR chapter 333, division 7 of the Oregon Administrative Rules.

(b) Any microbiological contaminant.

(c) Heavy metals.

(d) Other adulterants, pesticides, solvents, additives, or contaminants that may pose a risk to public health and safety, or are prohibited by law.

(4) When audit testing for potency pursuant to this rule, the Commission may require any portion of a batch with a compliance test for potency on or after December 1, 2022, to be relabeled with the mean average result from laboratories conducting audit testing if the Commission determines that there is a statistically significant difference at a 99 percent confidence interval between the audit testing result of samples from the batch and the original compliance testing result of the same batch.

(a) The Commission shall use the Shapiro-Wilk test to determine if the audit testing results are normally distributed at a 95 percent confidence interval.

(b) For audit testing results that are normally distributed, the Commission shall use the one-sample Student's t-test to determine statistical significance.

(c) For audit testing results that are not normally distributed, the Commission shall use the one-sample Wilcoxon Signed-Rank test to determine statistical significance.

(d) For purposes of this subsection, "batch" has the meaning given that term in OAR 333-007-0310.

(5) A licensee shall submit all samples required for testing under this rule within a timeframe established by the Commission.

(6) Violations. Failure to submit requested samples to OLCC as described in this rule is a Category II violation.

Or. Admin. Code § 845-025-5760

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 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 13-2019, temporary amend filed 10/14/2019, effective 10/15/2019 through 04/11/2020; OLCC 11-2020, amend filed 04/17/2020, effective 4/20/2020; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 141-2022, minor correction filed 03/25/2022, effective 3/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023; OLCC 7-2023, amend filed 11/17/2023, effective 1/2/2024

Statutory/Other Authority: ORS 475C.540, 475C.544, 571.275, 475C.612 & 571.337

Statutes/Other Implemented: ORS 475C.540, 475C.544 & 571.337