Or. Admin. Code § 603-048-1000 - Violations and Penalties
(1) The
Department may impose a civil penalty not to exceed $2,500 on a person for
violating:
(a) A provision of ORS
571.260 to ORS
571.348;
(b) A rule adopted under a provision of ORS
571.260 to ORS
571.348; or
(c) 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.
(2) The Department may impose a civil penalty
based on the classification of the violation. The civil penalty amount for each
classification is as follows:
(a) Class 1
violation, $2,500;
(b) Class 2
violation, $1000;
(c) Class 3
violation, $500.
(3) The
civil penalty amount for each classification are guidelines. If the Department
finds one or more mitigating or aggravating circumstances, it may assess a
lesser or greater amount.
(4)
Common violations are classified as follows:
(a) Class 1 violations include:
(A) Failing to obtain a license with the
Department when required under ORS
571.260-571.348 or rules adopted
thereunder except as otherwise specified in this rule for vendor site
licenses;
(B) Producing cannabis at
a grow site not included on the grower license.
(C) Providing any false or misleading
information or documentation to the Department or providing false or misleading
information or documentation to a laboratory when requesting required testing
under these rules;
(D) Falsifying
information or records required to be maintained by the Department or submitted
to the Department;
(F) Failing to test a harvest lot in
accordance with these rules;
(G)
Altering or falsifying a laboratory test report or result;
(H) Selling or attempting to sell a hemp item
that fails to meet testing requirements required by OAR 603-048-2000 through
603-048-2480;
(I) Selling, transferring, receiving,
attempting to transfer, sell, or receive, processing or attempting to process a
harvest lot that:
(i) Has not been sampled
and tested in accordance with these rules;
(ii) Failed testing under OAR
603-048-0600 and did not
otherwise pass testing under OAR
603-048-0630 to
603-048-0630;
(iii) Was invalidly tested as described in
OAR 603-048-0600.
(J) Growing or handling cannabis with total
THC calculated in accordance with OAR
333-064-0100(4)
that exceeds 3 percent on a dry weight basis.
(K) Failing to ensure cannabis, industrial
hemp, or industrial hemp commodity or product, or any portion thereof, that is
subject to a detainment, embargo, seizure, or destruction order complies with
the order as described in OAR
603-048-0900(4).
(L) Failing to timely dispose of cannabis as
described in OAR 603-048-0640.
(M) Failing to permit Department staff, or
its designee, to inspect and access all parts of the licensed or proposed grow
site, handling site, vendor site, equipment, facilities, and any area where
cannabis is grown, handled, or stored pursuant to a license or failing to
cooperate with any such inspection in accordance with OAR
603-048-0650(3).
(N) Failing to timely report cannabis waste
or disposal in accordance with OAR
603-048-0640.
(O) Failing to comply with a Department
order.
(P) Repeat violations of
Class 2 or Class 3 violations.
(Q)
Any other violation of ORS
571.260 to ORS
571.348 or these rules that may
cause an immediate threat to the public health or safety.
(R) Failing to provide an accurate legal
description of land where hemp is produced.
(S) The third or subsequent instance of
failing to obtain a vendor site license when required by these rules.
(b) Class 2 violations include,
but are not limited to:
(A) Failing to ensure
test reports for the THC content of each harvest lot is timely reported to the
Department as required by
603-048-0400.
(B) Failing upon request to timely provide
the Department with laboratory test results that verify compliance with these
rules.
(C) Failing to identify each
non-contiguous production area where cannabis is produced including failing to
submit a change form and applicable fee with the Department identifying any
additional production areas not identified in the licensee's
application.
(D) The second
instance of failing to obtain a vendor site license when required by these
rules.
(E) Any other uncategorized
violation.
(F) Repeat violations of
Class 3 violations.
(c)
Class 3 violations include but are not limited to:
(A) Failure to keep or provide information or
records as required by the Department;
(B) Growing or handling hemp with total THC
calculated in accordance with OAR
333-064-0100(4)
that fails testing as described in OAR
603-048-0600 but does not exceed
3 percent total THC;
(C) Failing to
ensure failed test results of a hemp item are reported to the Department within
24 hours as required by OAR
603-048-2300.
(D) The first instance of failing to obtain a
vendor site license when required by these rules.
(5) In addition to the penalty described in
subsection (1) of this rule, the Department may impose a civil penalty not to
exceed $10,000 against a licensed grower if the Department determines that the
licensee produced cannabis on a licensed grow site that contains an average
tetrahydrocannabinol concentration of at least 10 percent on a dry weight
basis.
Notes
Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
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