Or. Admin. Code § 603-048-2450 - Failed Test Samples
(1) If a sample
or a duplicate sample (collectively referred to as "sample" for the purposes of
this rule) fails any initial test, the laboratory that did the testing may
reanalyze the sample. The laboratory that did the initial test may not
subcontract the reanalysis. If a primary sample or a duplicate sample fails,
both must be reanalyzed. If the sample passes, another laboratory must resample
the batch and confirm that result in order for the batch to pass testing.
(a) If a grower or handler wishes to have a
sample reanalyzed, the grower or handler must request a reanalysis within seven
(7) calendar days from the date the laboratory sent notice of the failed test
to the grower or handler. The reanalysis must be completed by the laboratory
within 30 calendar days from the date the reanalysis was requested.
(b) If a grower or handler has requested a
reanalysis in accordance with subsection (1)(a) of this rule and the sample
passes, the handler has seven (7) calendar days from the date the laboratory
sent notice of the passed test to request that another laboratory resample the
batch and confirm the passed test result. The retesting must be completed by
the second laboratory within 30 calendar days from the date the retesting was
requested.
(c) A grower or handler
must inform the Department within 24 hours, of the following, electronically to
HempTestReports@oda.oregon.gov using the forms provided the Department:
(A) A request for reanalysis of a
sample;
(B) The testing results of
the reanalysis;
(C) A request for
retesting; and
(D) The results of
retesting.
(2) If a sample fails a test or a reanalysis
under section (1) of this rule, the batch:
(a)
May be remediated or sterilized according to the requirements of OAR
333-007-0450 for their marijuana equivalents as described in OAR 603-048-2310;
or
(b) Must be destroyed as
required by OAR 333-007-0450 in a manner specified by the Department if the
batch is not or cannot be remediated or sterilized under OAR 333-007-0450 or
fails testing as described in OAR 333-007-0450.
(3) If a grower or handler is permitted to
remediate or sterilize under this rule, the grower or handler must provide
notice to the Department of the handler's intent to remediate or
sterilize.
(4) A grower or handler
must inform a laboratory prior to samples being taken that the batch has failed
a test and is being retested after undergoing remediation or
sterilization.
(5) A grower or
handler must, as applicable:
(a) Have detailed
procedures for sterilization processes to remove microbiological contaminants
and for reducing the concentration of solvents.
(b) Document all sampling, testing,
sterilization, remediation and destruction that are a result of failing a test
under these rules.
(c) A grower or
handler must report failed test results to the Department within 24 hours of
receipt of the failed test report electronically to
HempTestReports@oda.oregon.gov using the forms provided by the
Department.
(6) If a
batch fails a test under these rules, the grower or handler must store,
segregate, label, and may not remove the batch from the registered premises
without permission from the Department in accordance with OAR
333-007-0450.
Notes
Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.319 & ORS 571.330
Statutes/Other Implemented: ORS 571.263, ORS 571.281, ORS 571.319 & ORS 571.330
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