Or. Admin. Code § 603-048-0400 - Reporting Requirements
(1) A
licensee must immediately report, within 48 hours, the theft or loss of
industrial hemp or hemp items to the Department. A licensee must provide a copy
of the police report of such a theft to the Department or the police report
number of such a theft upon the Department's request. A vendor is not required
to report shrinkage of industrial hemp or hemp items.
(2) An applicant or licensee must report to
the Department in writing within 10 days of the following:
(a) A disciplinary proceeding or enforcement
action by another government entity that may affect the applicant or licensee's
business;
(b) Permanent closure of
a grow site, research facility, vendor site or handling site. The applicant or
licensee is responsible for all activities at a grow site, research facility,
vendor site or handling site until the date the Department is notified of a
permanent site closure in accordance with OAR
603-048-0800(1).
(c) Any felony conviction of the grower
applicant or grower licensee or if a legal entity, any key participant,
relating to a controlled substance.
(d) On a form provided by the Department and
changes to the name, address, e-mail or telephone number of the licensee,
primary contact person, or any key participant within 10 days of the
change;
(e) On a form provided by
the Department, the removal of a production area and the addition of a
production area at a grow site prior to producing at a production area not
licensed with the Department. The grower must comply with OAR
603-048-0200(6)(a)
prior to producing at a production area not licensed with the
Department.
(f) Any and all
licensed production areas that the licensee decides not to plant with
industrial hemp or does not plant with industrial hemp during the licensing
year.
(3) Changes in
Business Structure or Ownership. A licensee that proposes to change its
business structure or ownership structure must submit a complete Change in
Business or Ownership on a form provided by the Department to the Department,
prior to making such a change.
(a) The
Department shall approve the change if the change would not result in an
initial or renewal application denial or revocation under these
rules.
(b) If the licensee proceeds
with the change without an approved Change in Business or Ownership form, the
licensee must surrender the license in writing or the Department shall revoke
the license.
(c) The Department may
refuse to accept a Change in Business or Ownership form for a change in
business structure or financial interest if the licensee is expiring in less
than 90 days, the licensee is under investigation by the Department, or has
been issued a Notice by the Department following an alleged violation and the
alleged violation has not been resolved.
(d) If a licensee has a change in ownership
that is 51% or greater, a new application and application fees must be
submitted. The Department shall process the application in accordance with
these rules, notwithstanding
603-048-0200(1)
except that no new production areas or grow sites other than those included in
the original license may be added or moved after May 31 unless otherwise
permitted by OAR 603-048-0200(6)(a).
(e) A licensed grower must submit with the
Change in Business or Ownership consent for a criminal background check for any
new licensee or key participant in the licensed business in accordance with OAR
603-048-0200(4)(d).
(4) Licensees must pay the change
fee described in OAR 603-048-0700 for each change
form submitted under section (2)(b), (d), (e) or (3)(a))of this rule.
(5) Growers must ensure that all laboratory
THC test results for all harvest lots are timely reported to the Department and
that any failed test report is immediately reported to the Department as
required by these rules.
(6) By
December 1 of the current license year:
(a)
Growers shall report to the Department on forms provided by the Department:
(A) Amount of industrial hemp planted (in
acres or square feet);
(B) Amount
of industrial hemp harvested;
(C)
Any other information as specified on the forms by the Department.
(b) Handlers shall report to the
Department on forms provided by the Department:
(A) Type of industrial hemp commodities and
products produced;
(B) The amount
of industrial hemp commodities and products produced per type; and
(C) Any other information as specified on the
forms by the Department.
(7) Growers shall report hemp crop acreage to
the United States Department of Agriculture Farm Service Agency in accordance
with 7 CFR
990.7 the following information:
(a) Street address and geospatial location
for each production area;
(b)
Acreage dedicated to the production of hemp or greenhouse or indoor square
footage dedicated to hemp; and
(c)
Department grower license number.
(8) Growers must submit at least one of the
following reports to the Department for each production area registered with
the Department by no later than December 1 of the license year. Submission by
December 1 does not excuse failure to comply with any other applicable
deadline.
(a) Report of decision not to plant
the production area during the license year as described in section (2)(f) of
this rule.
(b) Test report as
described in OAR 603-048-0600.
(c) Waste and disposal form as described in
OAR 603-048-0640.
(d) Loss report as described in section (1)
of this rule.
(e) Permanent closure
report as described in section (2)(a) of this rule.
(f) Notification to the Department that crop
is still growing in the production area.
(9) For purposes of this rule, "permanent
closure" means that the grow site, research facility or a handling site will
not be used for licensed activities for the remainder of the licensed year.
Licensed activities include any form of producing, including possession of any
live plants or germination of seeds, any form of processing, and any storage of
industrial hemp or hemp products and commodities.
(10) For the purposes of this rule,
"shrinkage" means the loss of inventory due to circumstances such as
shoplifting, fraud, employee theft, and administrative
error.
Notes
Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
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