Or. Admin. Code § 845-025-5765

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

Section 845-025-5765 - Cannabis Reference Laboratory

(1) The Commission may request that the cannabis reference laboratory conduct any of the following:

(a) Audit testing as described in OAR 845-025-5760; or

(b) Testing if the Commission has reason to believe the marijuana item, industrial hemp or hemp item is not in compliance with ORS 475C.544 or these rules.

(2) The Commission may consider a test conducted by the cannabis reference laboratory to be a compliance test.

(3) If a test conducted by the cannabis reference laboratory indicates a sample fails to comply with concentration limits in OAR chapter 845, division 26 or an action level in OAR chapter 333, division 7, the Commission may invalidate the results of the test conducted by the original laboratory. If the Commission invalidates a compliance test result:

(a) The Commission must notify the licensee who ordered the compliance test.

(b) The licensee must follow the applicable procedures under OAR 333-007-0450 regarding failed test samples.

(c) Subject to any reanalysis conducted pursuant to OAR 333-007-0450, the Commission may require the recall any marijuana items, industrial hemp or hemp items associated with a failed sample that have been sold or transferred. The recall must be conducted in accordance with OAR 845-025-5790. The licensee must either:

(A) Destroy the affected marijuana items, industrial hemp, or hemp items; or

(B) Remediate the affected marijuana items, industrial hemp, or hemp items in accordance with OAR 333-007-0450.

(4) The Commission may request or require a recall in accordance with OAR 845-025-5790 based on the cannabis reference laboratory audit testing.

Or. Admin. Code § 845-025-5765

OLCC 7-2023, adopt filed 11/17/2023, effective 1/2/2024

Statutory/Other Authority: 2023 OL Ch. 519 Sec. 2 to 4, ORS 475C.017, 475C.237, 571.275, 571.337

Statutes/Other Implemented: 2023 OL Ch. 519 Sec. 2