Or. Admin. Code § 603-048-0200 - Grower Licensure Applications and Review
(1) Licenses are
valid for a one-year term beginning on January 1 of each calendar year.
Licenses granted after January 1 are effective on the date issued.
(a) An applicant must submit, and the
Department must receive, a complete application and applicable fees by no later
than May 31 of the calendar year for any grower license.
(b) An applicant may submit a grower
application late if received by the Department by no later than July 31 and
submitted with the late fee for each grow site application identified in OAR
603-048-0700.
(c) An applicant is not subject to the May 31
deadline if the applicant has purchased land with an active grower license. No
new production areas or grow sites other than those included in the original
license may be added or moved after May 31 unless submitted with the late fee
identified in OAR 603-048-0700 for each new grow
site before July 31.
(2)
The Department shall review and act on applications in the order they are
received. An individual is not licensed with the Department until the
Department has approved the license and notified the applicant of
licensure.
(3) To apply for a
grower license, an applicant must submit to the Department:
(a) A complete grower license application on
a form provided by the Department;
(b) A complete grow site application on a
form provided by the Department for each proposed grow site;
(c) All applicable fees as described in OAR
603-048-0700; and
(d) Consent to a criminal records check by
fingerprint identification for the applicant or if the applicant is a legal
entity, submit a consent for every key participant in the applicant entity in
accordance with ORS 181A.195, ORS
181A.200 and OAR chapter 125,
division 7 and the Department's directives. To complete the criminal records
check, the Department may require additional information, documents, or action
including, but not limited to, fingerprint identification, proof of identity,
or additional criminal, judicial, or other background information.
(e) An informed consent form prescribed by
the Department if the applicant is not the owner of the premises where the grow
site will be located. The consent form:
(A)
Is valid for only the grower or growers named on the consent form.
(B) Must be signed by the owner of the
premises or the property owner's legal representative for the grow site and
must not have been terminated.
(f) Documentation of lawful participation in
a pilot program prior to December 20, 2018, if the applicant or any key
participant is disqualified due to a felony conviction relating to a controlled
substance within the last ten years from the date of application but asserts
the convicted individual was growing hemp lawfully under a pilot program
authorized by Section 7606 of the Agricultural Act of 2014 before December 20,
2018.
(g) Any other documents or
information requested by the Department.
(4) A person seeking to produce or process
agricultural hemp seed must separately apply for and obtain an agricultural
hemp seed producer license as described in OAR
603-048-0300.
(5) A grower license application must include
the following information:
(a) The name, legal
type of applicant (individual, corporation, etc.).
(b) Contact information for the
applicant.
(c) For business
entities, principal place of business for licensee, Oregon Secretary of State
registry number, names of all key participants, employer identification number,
and contact information, including phone number and e-mail of all key
participants;
(d) A primary contact
person who the Department can contact to arrange for onsite inspections or for
questions regarding the application or license and contact information (phone
number, email) for the primary contact person.
(e) The address of each grow site;
(f) Other information specified by the
Department in the application, including but not limited to:
(A) The intended use of the industrial hemp
(flower, seed, and/or fiber); and
(B) The intended number of acres or square
feet to be cultivated.
(g) Any other information or forms required
by the Department.
(h) For each
proposed grow site location, a completed grow site application form with the
following information:
(A) The address of the
grow site;
(B) Information for each
non-contiguous production area, as described in subsection (C) and (D) of this
rule.
(C) If in the production area
is a field:
(i) The global positioning system
(GPS) coordinates provided in decimal of degrees and taken at the approximate
center of the growing field;
(ii)
The number of square feet or acres of each cultivated field; and
(iii) A map of the grow site showing clear
boundaries of the production area;
(D) If in the production areas is a
greenhouse or other building:
(i) The global
positioning system (GPS) coordinates provided in decimal of degrees and taken
at the approximate center of the greenhouse or other building;
(ii) The approximate dimension or square feet
of the greenhouse or other building; and
(iii) A map of the grow site showing clear
boundaries of each production area.
(6)
(a) To
add a grow site or a production area to an existing grower license during the
licensed calendar year, the licensed grower must:
(A) For additions submitted by May 31 of the
license year, submit a complete grow site application form or change form and
change fee identified in OAR 333-048-0700 to the Department.
(B) For additions submitted after May 31 but
no later than July 31, submit a complete grow site application form or change
form and a late fee identified in OAR 333-048-0700 for each grow site
application.
(b) A grower
may request that the Department remove a grow site or productions area at any
time without a fee. The Department may approve or deny the request. Grow sites
and production areas may not be moved or relocated.
(c) A grow site or production area may not be
added after July 31.
(7)
Renewal Application.
(a) A person with a
current valid license may apply for a renewal license by submitting a complete
renewal application on a form provided by the Department. The Department must
receive the complete renewal application and all applicable fees described in
OAR 603-048-0700 by no later than
December 1 of the current license year.
(b) All application requirements for an
initial license apply to a renewal application.
(c) The Department shall deny an applicant
for a renewal if the applicant fails to report the information required in OAR
603-048-0400(7).
(8) In addition to the requirements in
sections (3) to (7), all applicants must acknowledge and agree that:
(a) Any information provided to the
Department may be publicly disclosed and may be provided to law enforcement
agencies without notice to the applicant or licensee;
(b) The Department, or its designee, may
enter any field, facility or greenhouse used for the production or handling of
industrial hemp or agricultural hemp seed and may take samples of industrial
hemp or agricultural hemp seed as necessary for the administration of the
Department's laws.
(c) All fees
lawfully due to the Department will be timely paid.
(d) The information provided is true and
correct and that applicant's signature is an attestation of that
fact.
(9) The Department,
in its discretion, may require an inspection of the grow site prior to
licensure. The inspection may include sampling for THC testing.
(10) Incomplete Applications.
(a) If an applicant does not provide all
information or documentation required by rule or pay the applicable fee, the
Department shall reject the application as incomplete.
(b) If an application is illegible or is
substantially incomplete, the Department may summarily reject the application
as incomplete. If an applicant fails to provide all information or
documentation required, the Department may notify the applicant of the missing
information or documentation and allow the applicant 15 days to submit the
missing information or documentation. If the applicant fails to timely submit
all the missing information or documentation, the Department shall reject the
application as incomplete.
(c) The
Department may verify the information submitted, verify any accompanying
documentation submitted with an application, or request additional information,
documentation, or attestation from the applicant to ensure compliance with ORS
571.260 to ORS
571.348. If an applicant fails
to timely submit information, documentation, criminal history check, or
attestation requested by the Department, the Department shall reject the
application as incomplete.
(d) An
applicant whose application is rejected as incomplete may reapply until May 31
of the calendar year or July 31 with the late fee identified in OAR
603-048-0700. If the individual
reapplies by May 31 of the calendar year or July 31 with the late fee
identified in OAR 603-048-0700, the application
fee may be applied to a new application. An applicant who reapplies after May
31 shall be denied unless they apply by July 31 and submit the late fee
identified in OAR 603-048-0700.
(11) Denial.
(a) The Department must deny an initial or
renewal application if:
(A) The applicant
fails to satisfy any of the requirements for initial licensure.
(B) The applicant or any key participant has
been convicted of a felony relating to a controlled substance within the last
ten years from the date of application unless the conviction also occurred
before December 20, 2018, the convicted individual was growing hemp lawfully
under a pilot program authorized by Section 7606 of the Agricultural Act of
2014 before December 20, 2018, and documentation of the participation is
submitted with the application.
(C)
The applicant or any key participant plants an industrial hemp crop or commits
a violation of ORS 571.260 to ORS
571.348 prior to applying for a
grower license unless:
(i) the applicant
disposes the industrial hemp crop in accordance with OAR
603-048-0640 within 14 days of
the Department's notification to the applicant, unless the Department grants an
extension in writing; and
(ii) the
Department determines the violation is resolved.
(D) Required to deny under OAR
603-048-0126.
(E) The applicant or any key participant
materially falsifies any information or documentation submitted in or with an
application.
(F) The proposed grow
site is at the same location as a licensed researcher grower grow
site.
(b) The Department
may deny an initial or renewal application if:
(A) The applicant or any key participant
violated or has a history of noncompliance with:
(i) A provision of ORS
571.260 to ORS
571.348;
(ii) A rule adopted under a provision of ORS
571.260 to ORS
571.348;
(iii) An order issued by the Department
pursuant to a provision of ORS
571.260 to ORS
571.348 or a rule adopted
thereunder, including a detainment order;
(iv) Any statutory law or Department rule
related to agricultural activities other than industrial hemp
operations.
(B) The
application, or material submitted with or to supplement the application,
contains false, misleading, or incorrect information;
(C) The applicant is a legal entity that is
required to be registered with the Oregon Secretary of State but does not have
an active registration;
(D) The
owner of the proposed grow site or the property owner's legal representative
notifies the Department in writing that they have withdrawn consent for
applicant to produce hemp at the proposed grow site location; or
(E) The applicant, or any key participant,
has a history of noncompliance with OLCC statutes or rules regarding the
prohibition on the unregulated commerce of marijuana items including but not
limited to any violation or disciplinary action under ORS
475C.185 or OAR
845-025-8590(2)(e).
(F) Issuing the license would be a violation
of or inconsistent with the Agriculture Improvement Act of 2018 (P.L.
115-334 ) or 7 CFR Part 990.
(12) Ineligibility based on past
noncompliance.
(a) A grower, and all key
participants, is ineligible for a grower license for a period of five years if
the grower commits three of any of the violations below over a
five-year-period:
(A) the grower produces
cannabis that exceeds 1.0 percent THC on a dry weight basis;
(B) the grower fails to provide a legal
description of land on which the grower produces hemp;
(C) the grower fails to obtain a license
under these rules prior to producing hemp.
(b) Only for the purposes of determining
ineligibility under subsection (a) of this rule:
(A) A grower shall accrue a maximum of one
violation per year.
(B) The period
of ineligibility begins on the date that the last violation is found in a final
order by the Department.
(c) A grower, and all key participants, is
ineligible for a grower license for a period of two year from the date a final
order is entered revoking the grower's license, except for final orders issued
pursuant to subsection (a) of this rule where the ineligibility period of five
years.
(d) A grower or key
participant whose application is denied under OAR
603-048-0126(1)(a)
or section (11)((b), (B), or (E) of this rule, is ineligible for a period of
two year from the date a final order is entered denying the grower's license,
except for final orders issued pursuant to subsection (a) of this rule where
the ineligibility period is five years.
(e) A grower or key participant ineligible
under this rule may not apply or reapply for a grower license during the period
of ineligibility.
(f) The
Department must deny any grower application submitted by a person ineligible
under this rule and shall revoke the license of a person who is ineligible
under this rule.
(g) Nothing in
this rule prevents the Department from assessing multiple violations or from
taking other action to revoke or deny a license or impose civil
penalties.
(13) The
Department may place an application on hold if the applicant, licensee, or any
key participant is currently under investigation for violation of ORS
571.260 to
571.348, these rules, other
cannabis laws or statutes, or pending a disciplinary action with the
Department,
(14) The Department may
not issue a license to an applicant that is a legal entity if it is required to
be registered with the Oregon Secretary of State but does not have an active
registration.
Notes
Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190, 569.445, ORS 571.260-571.348 & 633.511-633.996
Statutes/Other Implemented: ORS 571.260-571.348
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