Or. Admin. Code § 845-025-3505 - Wholesaler For-Hire Trimming Privilege
(1) Eligibility.
(a) A licensee that holds a wholesaler
license under ORS 475C.093 may apply for a
for-hire trimming privilege.
(b)
This rule does not apply to entities solely providing staffing services for
trimming operations.
(2)
Definitions.
(a) "For-hire trimmer" means any
wholesale licensee who has applied for and received approval under this
rule.
(b) "Mobile trimming
equipment" is equipment that is transported to the licensed premises which
alters the security plan approved by the Commission.
(c) "Trim" means the process of separating
marijuana usable flower from usable marijuana leaves and stems.
(3) Application Requirements.
(a) A wholesale licensee must receive
approval from the Commission prior to providing for-hire trimming services of
marijuana, on a form prescribed by the Commission.
(b) The application for a for-hire trimmer
privilege under this rule shall include a description of any mobile equipment
that will be transported to the producer's licensed premises and a written
control plan on a form prescribed by the Commission. The control plan shall
include:
(A) Procedures that prevent unlawful
activity and violations; and
(B)
Procedures that prevent any person under 21 years to be admitted to the areas
where marijuana will be trimmed.
(c) The Commission may require additional
forms, documents or information as part of the application.
(d) The Commission may require an inspection
of the wholesale licensee's mobile trimming operation at any time.
(e) The Commission may refuse to process any
application that is not complete or is not accompanied by the documents or
disclosures required by the form or the Commission.
(4) Operations Requirements.
(a) The approved wholesaler must notify the
Commission at least 3 business days in advance before transporting the mobile
trimming equipment to the producer's licensed premises.
(b) The approved wholesaler and producer
must:
(A) Ensure that all trimming activities
are captured on video and meet the requirements of OAR
845-025-1450;
(B) Capture and maintain surveillance video
as set forth in 845-025-1450. If the activity is
captured on video by the wholesaler, the wholesaler licensee must provide a
copy of the video to the producer before leaving the licensed premises;
and
(C) Maintain a log of all
activity allowed under this rule. The log must contain the first and last name
and date of birth of every visitor and the date they visited.
(5) The Commission may
deny any application for a for-hire trimmer that does not meet the requirements
of this rule.
(6) The Commission
may deny, cancel or restrict an application for a for-hire trimmer privilege
for any reason for which the Commission may deny, revoke or restrict a regular
license or if the Commission, in its discretion, determines that approving the
privilege would present a risk to public health and safety.
(7) The Commission may deny or restrict an
application for a for-hire trimmer privilege if any participating licensee has
been found to have violated ORS
475C.005 to
475C.525 or any rules adopted
there under in the past 24 months.
(8) When the Commission approves a control
plan required under this rule, the licensee(s) must follow that written
plan.
(9) An intentional violation
of this rule is a Category II violation. All other violations are Category III
violations.
(10) The Commission may
immediately revoke for-hire trimmer privilege if the Commission has reasonable
grounds to believe continued operation presents a risk to public health and
safety.
(11) The wholesaler and the
producer are jointly liable for any violation of ORS
475C.005 to
475C.525 or any rules adopted
thereunder that occur on the producer's licensed premises while the wholesaler
is present and exercising the for-hire trimmer privilege.
Notes
Statutory/Other Authority: ORS 475C.017, ORS 475C.085 & 475C.141
Statutes/Other Implemented: ORS 475C.085 & 475C.141
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