Or. Admin. Code § 603-048-2300 - Testing of Industrial Hemp for Human Consumption and Hemp Items
(1) A grower or
handler may not sell or transfer industrial hemp for human consumption or a
hemp item unless it is first tested by a laboratory as required by these
rules.
(2) Violations of these
rules may result in the suspension or revocation of a licensee's license or the
imposition of civil penalties, or both. Violations include:
(a) Failure to test industrial hemp for human
consumption or a hemp item in accordance with these rules;
(b) Selling, transferring, or attempting to
sell or transfer industrial hemp for human consumption or a hemp item that
fails to meet testing requirements required by these rules;
(c) Failure to maintain a copy of all
required test reports as required by OAR 603-048-0500; and
(d) Failure to report failed test results to
the Department electronically to HempTestReports@oda.oregon.gov using the forms
provided by the Department within 24 hours after receipt of failed
result.
(e) Altering or falsifying
a laboratory test report or result.
(3) These rules require industrial hemp for
human consumption and hemp items to be sampled, tested, and reported in a
manner consistent with the Authority's marijuana sampling and testing rules in
OAR 333-007-0300 to 333-007-0500 and OAR 333-064. In applying those rules:
(a) Industrial hemp for human consumption and
hemp items are treated as their marijuana equivalents as described in OAR
603-048-2310;
(b) References to
"licensee or registrant" or "processor or processing site" should be read as
"grower" or "handler";
(c)
References to "Authority or the Commission" should be read as "Department";
and
(d) References to "consumer or
patient" should be read as "consumer" as that is defined in OAR
603-048-2310.
(4) To be
sufficient to meet the requirement for testing under these rules, a grower or
handler must ensure through a testing agreement or contract with the laboratory
that the laboratory:
(a) Samples industrial
hemp for human consumption and hemp items according to OAR 333-007-0360 and OAR
333-064-0100;
(b) Tests industrial
hemp for human consumption and hemp items according to OAR 333-007-0390 to
333-007-0450 and 333-064-0100;
(c)
Keeps records in accordance with OAR 333-064-0100.
(d) Reports all failed tests to the
Department electronically to HempTestReports@oda.oregon.gov using the forms
provided by the Department consistent with reporting requirements under OAR
333-064-0110;
(e) Provides the
licensee with test reports that meet the requirements in OAR
333-064-0110.
(f) Provides test
reports that clearly identify the process lot identifier.
(g) Meets the proficiency testing
requirements in OAR 333-064-0120.
(h) Can demonstrate that its limit of
quantification (LOQ) for THC is at or below 0.3 percent THC.
(5) Each hemp item or lot of
industrial hemp for human consumption sold, transferred, or attempted to be
sold or transferred in violation of these rules is a separate
violation.
Notes
Statutory/Other Authority: ORS 561.190, 571.263, 571.281, 571.285, 571.322 & 571.330
Statutes/Other Implemented: 571.322, 571.330, ORS 571.333, 571.336, 571.337, 571.339 & 571.348
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