Or. Admin. Code § 845-025-5830 - Batch Testing Requirements for Industrial Hemp and Hemp Items

(1) Harvested industrial hemp:

(a) A certificate holder must separate each harvest lot of harvested industrial hemp harvested before July 1, 2022 into no larger than 30 pound batches.

(b) A certificate holder must separate each harvest lot of harvested industrial hemp harvested on or after July 1, 2022 into no larger than 50.0 pound batches.

(2) Usable hemp:

(a) A processor or certificate holder must separate each harvest lot of usable hemp harvested before July 1, 2022 into no larger than 30 pound batches.

(b) A processor or certificate holder must separate each harvest lot of usable hemp harvested on or after July 1, 2022 into no larger than 50.0 pound batches.

(3) Industrial hemp concentrates or extracts:

(a) A process lot of an industrial hemp concentrate or extract is considered a batch.

(b) A batch of industrial hemp concentrate, or extract must be produced using a standard operating procedure and result in one finished industrial hemp concentrate or extract that is uniform in texture and form.

(4) Hemp cannabinoid products.

(a) A processor or Commission-certified hemp handler must separate process lots into not larger than 35,000 unit of sale batches.

(b) A batch of a hemp cannabinoid product must be produced using a standard operating procedure and result in a finished hemp cannabinoid product that is uniform in potency, texture, and weight. A standard operating procedure may use different flavors or colors in a batch if the different flavors or colors:

(A) Are substituted for one another at a 1:1 ratio; and

(B) Do not affect the potency, texture, or weight of the finished hemp cannabinoid product.

(c) If a hemp cannabinoid product is or may be sold in different quantities in a unit of sale, then the process lot shall be sampled based on the smallest unit of sale for the purposes of sampling and testing. All proposed units of sales must meet the Commission's concentration limit rules found in OAR 845-025-2760.

(5) Finished inhalable hemp cannabinoid products.

(a) A process lot of a finished inhalable hemp cannabinoid product is considered a batch.

(b) A batch of a finished inhalable hemp cannabinoid product must be made form a standard operating procedure and result in one finished inhalable cannabinoid product that is uniform in flavor, texture, and form.

(6) Batch identifiers.

(a) A Commission-certified hemp grower must:

(A) Assign each batch grown by the grower a unique numerical identifier as described in OAR 603-048-0500 and enter this information into CTS.

(B) Record the lot identifier or unique identifier for any harvested industrial hemp not grown by the handler as described in OAR 603-048-0500 and enter this information into CTS.

(C) Assign each batch of usable hemp or hemp kief processed by the grower a process lot identifier as described in OAR 603-048-0500 and enter this information into CTS. A grower may not reuse a process lot identifier.

(D) Record the process lot identifier or unique identifier for any usable hemp or hemp kief not processed by the grower as described in OAR 603-048-0500 and enter this information into CTS.

(b) A Commission-certified hemp handler must:

(A) Assign each batch processed by the handler a process lot identifier as described in OAR 603-048-0500 and enter this information into CTS. A handler may not reuse a process lot identifier.

(B) Record the lot identifier or unique identifier for any harvested industrial hemp or hemp item not processed by the handler as described in OAR 603-048-0500 and enter this information into CTS.

(c) A processor must assign every process lot a unique identification number and enter this information into CTS.

(7) Sampling and sample size requirements for compliance testing.

(a) Harvested industrial hemp and usable hemp must be sampled as described for marijuana or usable marijuana in OAR 333-007-0360.

(b) Industrial hemp concentrates, industrial hemp extracts, hemp cannabinoid products, and finished inhalable hemp cannabinoid products must be sampled as required in OAR 333-007-0360 for the equivalent marijuana item identified in OAR 845-025-5800.

(8) For the purposes of this rule, "flavor" means:

(a) The essential oil or essence which contains the flavoring constituents derived from a spice, fruit, fruit juice, vegetable, vegetable juice, herb, root, leaf, or similar plant material.

(b) Any substance, the function of which is to impart flavor, which is not derived from a spice, fruit juice, vegetable, vegetable juice, herb, root, leaf, or similar plan material.

(c) Flavor does not include flavoring constituents derived from the cannabis plant.

Notes

Or. Admin. Code § 845-025-5830

OLCC 202-2022, adopt filed 11/21/2022, effective 1/1/2023; OLCC 9-2024, amend filed 10/17/2024, effective 10/22/2024

Statutory/Other Authority: ORS 475C.017, ORS 571.336 & 571.337

Statutes/Other Implemented: ORS 571.336 & 571.337