Or. Admin. Code § 845-025-5760 - Audit, Compliance, and Random Testing
(1) The
Commission may require a licensee or laboratory licensee to submit samples
identified by the Commission to one or more laboratories of the Commission's
choosing to be tested in order to determine whether a licensee is in compliance
with the cannabis testing rules found in OAR chapter 333, division 7 or any
other rules of the Commission and may require additional testing that is not
required by these rules.
(2) A
laboratory doing audit testing must comply with these rules, to the extent they
are applicable, and if conducting testing not required by these rules, may only
use Authority approved methods, unless otherwise authorized by the
Commission.
(3) The Commission may,
at any time, require a licensee or laboratory licensee to permit the sampling
of or submit a sample of a marijuana item, industrial hemp, or a hemp item of
the Commission's choosing to the Commission for testing. Such testing may
include testing for:
(a) Anything that is
required to be tested under OAR chapter 333, division 7 of the Oregon
Administrative Rules.
(b) Any
microbiological contaminant.
(c)
Heavy metals.
(d) Other
adulterants, pesticides, solvents, additives, or contaminants that may pose a
risk to public health and safety, or are prohibited by law.
(4) When audit testing for potency
pursuant to this rule, the Commission may require any portion of a batch with a
compliance test for potency on or after December 1, 2022, to be relabeled with
the mean average result from laboratories conducting audit testing if the
Commission determines that there is a statistically significant difference at a
99 percent confidence interval between the audit testing result of samples from
the batch and the original compliance testing result of the same batch.
(a) The Commission shall use the Shapiro-Wilk
test to determine if the audit testing results are normally distributed at a 95
percent confidence interval.
(b)
For audit testing results that are normally distributed, the Commission shall
use the one-sample Student's t-test to determine statistical
significance.
(c) For audit testing
results that are not normally distributed, the Commission shall use the
one-sample Wilcoxon Signed-Rank test to determine statistical
significance.
(d) For purposes of
this subsection, "batch" has the meaning given that term in OAR
333-007-0310.
(5) A licensee shall submit all samples
required for testing under this rule within a timeframe established by the
Commission.
(6) Violations. Failure
to submit requested samples to OLCC as described in this rule is a Category II
violation.
Notes
Statutory/Other Authority: ORS 475C.540, 475C.544, 571.275, 475C.612 & 571.337
Statutes/Other Implemented: ORS 475C.540, 475C.544 & 571.337
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