Or. Admin. R. 333-007-0330 - Compliance Testing Requirements for Cannabinoid Concentrates and Extracts

(1) A processor or processing site must test every process lot of a finished cannabinoid concentrate or extract for use by a consumer or patient prior to selling or transferring the cannabinoid concentrate or extract for the following:
(a) Pesticides in accordance with OAR 333-007-0400.
(b) Solvents in accordance with OAR 333-007-0410.
(c) Adult use cannabinoid and CBD concentration in accordance with OAR 333-007-0430.
(d) Heavy metals in accordance with OAR 333-007-0415 if the cannabinoid concentrate or extract is or was manufactured on or after March 1, 2023.
(e) Mycotoxins in accordance with OAR 333-007-0425 if the cannabinoid concentrate or extract is or was manufactured on or after July 1, 2022.
(f) Microbiological contaminants in accordance with OAR 333-007-0390 if the cannabinoid concentrate or extract is or was manufactured on or after March 1, 2023.
(2) A processor or processing site must test every process lot of a cannabinoid concentrate or extract intended for use by a processor or processing site to make a cannabinoid product, other than a finished inhalable cannabinoid product, for the following, except for a cannabinoid concentrate that meets the criteria in section (5) of this rule:
(a) Pesticides in accordance with OAR 333-007-0400.
(b) Solvents in accordance with OAR 333-007-0410.
(c) Heavy metals in accordance with OAR 333-007-0415 if the cannabinoid concentrate or extract is or was manufactured on or after March 1, 2023.
(d) Mycotoxins in accordance with OAR 333-007-0425 if the cannabinoid concentrate or extract is or was manufactured on or after July 1, 2022.
(e) Microbiological contaminants in accordance with OAR 333-007-0390 if the cannabinoid concentrate or extract is or was manufactured on or after March 1, 2023.
(3) A processor or processing site is exempt from testing for solvents under this rule if the processor or processing site:
(a) Did not use any solvent listed in OAR 333-007-0410, Table 4; and
(b) Only used a mechanical extraction process to separate cannabinoids from the marijuana; or
(c) Used only water, animal fat or vegetable oil as a solvent to separate the cannabinoids from the marijuana.
(4) In lieu of ordering and arranging for the sampling and testing required in this rule a processor may transport batches of cannabinoid concentrates or extracts to a wholesaler licensed by the Commission under ORS 475C.093 and the wholesaler may order and arrange for the sampling and testing of the batches, in accordance with rules established by the Commission.
(5) A process lot of a cannabinoid concentrate that is made only using food grade animal fat or food grade plant-based oil is not required to be tested for pesticides, heavy metals starting March 1, 2023, mycotoxins starting July 1, 2022, or microbiological contaminants starting March 1, 2023 if:
(a) All marijuana or usable marijuana used to make the concentrate was tested for and passed:
(A) Pesticide testing in accordance with OAR 333-007-0400.
(B) Heavy metal testing in accordance with OAR 333-007-0415 on or after March 1, 2023.
(C) Mycotoxin testing in accordance with OAR 333-007-0425 on or after July 1, 2022.
(D) Microbiological contaminants in accordance with OAR 333-007-0390 on or after March 1, 2023.
(b) The concentrate itself is only used to make a cannabinoid product intended for human consumption or use but not intended for inhalation and the concentrate is not sold directly to consumers or patients.
(6) Marijuana producers producing kief as permitted under OAR 845-025-2020:
(a) Must test every process lot for use by a consumer or patient prior to selling or transferring the kief for the following:
(A) Pesticides in accordance with OAR 333-007-0400.
(B) Water activity in accordance with OAR 333-007-0420 for kief manufactured before March 1, 2023.
(C) Adult use cannabinoid and CBD concentration in accordance with OAR 333-007-0430.
(D) Heavy metals in accordance with OAR 333-007-0415 if the kief is or was manufactured on or after March 1, 2023.
(E) Mycotoxins in accordance with OAR 333-007-0425 if the kief is or was manufactured on or after July 1, 2022.
(F) Microbiological contaminants in accordance with OAR 333-007-0390 if the kief is or was manufactured on or after March 1, 2023.
(b) Must test every process lot intended for use by a processor in making a cannabinoid product, other than a finished inhalable cannabinoid product, for the following:
(A) Pesticides in accordance with OAR 333-007-0400.
(B) Water activity in accordance with OAR 333-007-0420 for kief manufactured before March 1, 2023.
(C) Heavy metals in accordance with OAR 333-007-0415 if the kief is or was manufactured on or after March 1, 2023.
(D) Mycotoxins in accordance with OAR 333-007-0425 if the kief is or was manufactured on or after July 1, 2022.
(E) Microbiological contaminants in accordance with OAR 333-007-0390 if the kief is or was manufactured on or after March 1, 2023.

Notes

Or. Admin. R. 333-007-0330
PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 282-2018, amend filed 12/20/2018, effective 1/1/2019; PH 89-2020, amend filed 12/30/2020, effective 1/1/2021; PH 95-2021, amend filed 12/29/2021, effective 1/1/2022; PH 24-2022, amend filed 03/15/2022, effective 3/31/2022

Statutory/Other Authority: ORS 475C.544

Statutes/Other Implemented: ORS 475C.544

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