Or. Admin. Code § 603-048-0600 - Pre-Harvest Sampling and Testing for Tetrahydrocannabinol
(1) A grower may not:
(a) Harvest a harvest lot until it has been
sampled in accordance with these rules.
(b) Transfer or sell a harvest lot until it
has passed testing in accordance with these rules.
(c) Conduct repeat preharvest sampling and
testing on a harvest lot that has failed testing under this rule except as
expressly permitted in OAR 603-048-0630.
(2) Required Sampling and Testing:
(a) A grower must ensure that the grower's
entire crop is timely sampled and tested according to these rules.
(b) Harvest lots must be sampled and tested
separately and may not be combined. At the discretion of the grower, industrial
hemp grown in a contiguous field or growing area may be subdivided into
separate harvest lots for sampling and testing consistent with these rules.
Sampling must be conducted and testing must be reported using the harvest lot
identifier described in OAR 603-048-0500(2).
(c) A grower must arrange for and ensure the
sampling of a harvest lot no more than 30 days prior to harvest for the purpose
of ensuring that the harvest lot does not exceed permissible THC concentration
levels on a dry weight basis. Harvest must be complete within the applicable
time period for sampling or the grower must arrange for additional sampling of
the unharvested cannabis in accordance with these rules.
(d) If a purpose of the harvest lot is to
produce flower, the grower must arrange for sampling such that flowers are
present at the time of sampling. In this case, only plants with flowers shall
be sampled.
(e) The grower or
authorized representative must provide the sampler with unrestricted and
unobstructed access to all hemp and other cannabis plants whether growing or
harvested and all lands, buildings, and other structures used for cultivation,
handling, and storage of all hemp and Cannabis and all other locations listed
in the grower's license.
(f) During
a scheduled sampling, the grower, person in charge of the grow site, or an
authorized representative of the grower shall be present at the grow
site.
(3) All sampling
and testing must be performed by the Department or a laboratory.
(4) If a grower uses a laboratory to perform
testing and sampling the grower must ensure that the laboratory:
(a) Retains all documentation of sampling and
testing for at least three years and can provide such documentation to the
Department upon request.
(b)
Complies with sample or matrix spike recovery requirements and Relative Percent
Difference requirements as described in Exhibit B.
(c) Conducts sampling and testing in
accordance with these rules.
(d)
Can demonstrate that its limit of quantification (LOQ) for THC is at or below
0.3 percent THC.
(e) Requires all
laboratory staff conducting sampling to complete annual sampling training with
the Department prior to conducting sampling.
(f) Tests for and reports the total THC
content of the harvest lot calculated in accordance with OAR
333-064-0100(4).
(5) To
request sampling and testing, prior to sampling a grower must submit to the
laboratory, or the Department, a completed sampling request form provided by
the Department that includes:
(a) A written
sampling request for THC analysis for each harvest lot, as identified by the
harvest lot identifier, for which the grower is requesting sampling and testing
and the total number of harvest lots to be sampled and tested;
(b) A description of the location of the
production area of each harvest lot, as identified by the harvest lot
identifier, including the GPS coordinates or address of the harvest lot;
and
(c) A written description and
visual depiction of each harvest lot to be sampled and tested such that the
production area for each harvest lot is apparent from a visual inspection of
the premises and easily discernible from other harvest lots.
(6) Sampling of a harvest lot
must:
(a) Occur after the laboratory or
Department personnel fully complete the sampling form provided by the
Department onsite at the production area.
(b) Produce a sample that is representative
of the harvest lot.
(c) Be
conducted:
(A) In accordance with the
Department's Sampling Protocol prescribed in Exhibit A and incorporated by
reference.
(B) Such that a
sufficient sample size is taken and retained for analysis of all requested
tests, any requested retest, and any quality control performed by the testing
laboratory for these tests.
(7) A grower must ensure that:
(a) The laboratory conducts testing according
to the Department's Testing Protocol prescribed in Exhibit B and incorporated
by reference.
(b) The laboratory
reports all test results electronically to the Department at
HempTestReports@oda.oregon.gov using the forms provided by or approved by the
Department or via an online portal operated by the Department, and include for
each sample tested:
(A) Grower's name and
license number;
(B) Harvest lot
identifier;
(C) Sample
date;
(D) Testing date;
(E) Total THC percentage to the second
decimal point only calculated in accordance with OAR 333-064-0100(4);
(F) The laboratory's measurement of
uncertainty for THC testing of industrial hemp. Measurement of uncertainty
means the parameter, associated with the result of the measurement, that
characterizes the dispersion of the values that could reasonable be attributed
to the particular quantity subject to measurement;
(G) Clear identification of the harvest lot
by harvest lot identifier that corresponds to the sample and the location of
the corresponding harvest lot's production area;
(H) Copy of grower's sampling request form
required in section (5) of this rule; and
(I) Copy of the completed sampling form
required in section (6) of this rule.
(c) The laboratory reports all results from
testing conducted under this rule to the United States Department of
Agriculture. The test results report must contain the following information:
(A) Grower's license number;
(B) Grower's name;
(C) Business address of the grower;
(D) Harvest lot identifier
(E) Name of the laboratory
(F) Date of the test and report
(G) Whether it is a retest;
(H) Test result.
(d) If a sample fails testing a grower must
ensure that:
(A) The laboratory sends the
failed test report electronically to the Department at
HempTestReports@oda.oregon.gov using the forms provided or approved by the
Department or via an online portal operated by the Department within 24 hours
of the failed test report.
(B) The
laboratory sends failed test reports to the grower who requested the testing
using the forms provided or approved by the Department within 24 hours of the
failed test report.
(C) The grower
complies with OAR 603-048-0630.
(8) A sample fails testing when the
application of the measurement of uncertainty to the amount of total THC of the
sample calculated in accordance with OAR 333-064-0100(4) reported by a
laboratory produces a distribution or range that does not include 0.3 percent
or less on a dry weight basis. If the sample from a harvest lot fails required
THC testing under these rules the harvest lot corresponding to the sample fails
required THC testing.
(9) A sample
passes testing when the application of the measurement of uncertainty to the
amount of total THC of the sample calculated in accordance with OAR
333-064-0100(4) reported by a laboratory produces a distribution or range that
includes 0.3 percent or less on a dry weight basis and the harvest lot was
sampled and tested in compliance with these rules. If the sample of the harvest
lot passes THC testing under these rules, the harvest lot corresponding to the
sample passes required THC testing.
(10) Upon receipt of a failed test report:
(a) The grower must immediately clearly label
or place signage on the harvest lot that it failed testing.
(b) The grower must immediately detain the
harvest lot at the grow site and may not sell, harvest, transfer, or process
the harvest lot.
(c) The grower may
not move the harvest lot from the grow site or allow the harvest lot to be
removed from the grow site without written permission from the
Department.
(d) If the harvest lot
has not been harvested, the grower may continue normal agricultural processes
to maintain the viability of the harvest lot, but may not harvest without
written permission from the Department,
(e) If the harvest lot has been harvested,
the grower must immediately segregate the failed harvest lots from any other
harvest lots. If the failed harvest lot has been comingled, all cannabis
commingled with a failed harvest lot must be detained and is subject to all of
the requirements, including required disposal, of the failed harvest
lot.
(11) For any
harvest lot that fails testing, unless the harvest lot passes testing upon
resampling or retesting in accordance with OAR 603-048-0630, the grower must
dispose of the harvest lot, including all parts of the cannabis plants
including the stalk and seed, in accordance with OAR 603-048-0640:
(a) Within fourteen (14) days of the failed
test report if no resampling or retesting in accordance with these rules is
sought unless extended by the Department in writing; or
(b) Within fourteen (14) days of any failed
test report from any resampling, or retesting completed in accordance with
these rules unless extended by the Department in writing.
(12) Invalid Sampling or Testing:
(a) It is the grower's obligation to
demonstrate and maintain documentation that each harvest lot was sampled and
tested in accordance with these rules and passes THC testing required by these
rules.
(b) Sampling or testing that
does not meet all of the requirements and standards of these rules is invalid.
The harvest lot corresponding to an invalid sampling or invalid testing fails
to satisfy the required THC testing under these rules.
(c) The Department may detain, seize,
embargo, and dispose of the harvest lot that fails THC testing under this rule
or that was invalidly sampled or tested as provided under OAR
603-048-0900.
(13) The
Department may, at its discretion, agree to conduct sampling and testing for a
licensed grower. Prior to conducting the sampling and testing the grower must
pay fees as described in OAR 603-048-0700 for each harvest lot requested to be
sampled and tested.
(14) In
addition to the testing required by this section the Department may inspect any
industrial hemp and sample for testing for THC content. The Department may
detain, seize, embargo, and dispose of any industrial hemp that fails THC
testing as described in section (9) of this rule.
(15) All laboratories conducting sampling or
testing must be registered with the United States Drug Enforcement Agency in
accordance with 21 USC
823(f) unless the United
States Department of Agriculture issues written guidance or amends the federal
rules to extend or waive this requirement.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 561.120, 561.200, 561.275, .190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
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