Director’s Office 

635 Capitol St NE, Salem, OR 97301-2532 

503.986.4550 | Oregon.gov/ODA 

December 30, 2021 

Dear Mr. Richmond, 

Please find attached the final Oregon hemp rules that meet the USDA requirements for a state hemp plan. It has 

been a pleasure to work with you and your staff through this process. Please feel free to contact me or the Hemp 

Program Manager, Micheal Odenthal, directly if you have any questions. 

Sincerely, 

Sunny Summers 

Cannabis Policy Coodinator and Special Projects 

sunny.summers@oda.oregon.gov 

503.986.4565 

Enclosed: 

• Hemp rules 

• Exhibit A 

• Exhibit B 
DIVISION 48 

INDUSTRIAL HEMP 

603-048-0010 

Definitions 

The following definitions apply to OAR 603-048-0010 through 603-048-2500 unless the context 

requires otherwise. 

(1) “Agricultural hemp seed” means Cannabis seed: 

(a) That is sold to or intended to be sold to registered growers for planting; or 

(b) That remains in an unprocessed or partially processed condition that is capable of germination. 

(2) “Agricultural hemp seed producer” means a person who produces agricultural hemp seed or 

processes industrial hemp into agricultural hemp seed. 

(3) “Cannabis” means the plant species Cannabis sativa and in these rules refers to all forms of the plant 

regardless of THC content. 

(4) “Cannabis Tracking System” or “CTS” means the OLCC’s system for tracking the transfer of 

marijuana items. 

(5) “CBD” means cannabidiol, Chemical Abstracts Service Number 13956-29-1. 

(6) “Consumption” means ingestion, inhalation or topical application to the skin or hair. 

(7) “Conviction” or “convicted” means any plea of guilty or nolo contendere, or any finding of guilt, 

except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. A 

conviction is expunged when the conviction is removed from the individual’s criminal history record 

and there are no legal disabilities or restrictions associated with the expunged conviction, other than the 

fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, 

where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea 

of guilty and the case is subsequently dismissed, the individual is no longer considered to have a 

conviction. 

(8) “Crop” means industrial hemp grown under a single license. 

(9) “Days” means calendar days unless otherwise specified in rule. 

(10) “Department” means the Oregon Department of Agriculture. 

(11) “Food” means: 

(a) Articles used for food or drink, including ice, for human consumption or food for dogs and cats; 

(b) Chewing gum; 

(c) Dietary supplements; and 

(d) Articles used for components of any such article. 

(12) “Grower” means a person, joint venture or cooperative that produces industrial hemp and includes a 

person growing for research purposes. 

(13) “Grow site” means one contiguous lot, parcel, or tract of land used to produce or intended to 

produce industrial hemp. 

(14) “Handler” means a person, joint venture or cooperative that receives industrial hemp for processing 

into commodities, products or agricultural hemp seed and any other activities identified by the 

Department by rule. 

(15) “Handling site” means one contiguous lot, parcel, or tract of land used to handle or intended to 

handle industrial hemp. 

(16) “Harvest Lot”: 

(a) Means a quantity of Cannabis of the same variety or strain harvested in a distinct timeframe that is: 

(A) Grown in one contiguous production area within a grow site; or 

(B) Grown in a portion or portions of one contiguous production area within a grow site. 

(b) Does not include a quantity of cannabis grown in noncontiguous production areas. 
(17) “Harvest Lot Identifier” means a unique numerical identifier that begins with the name of the grow 

site, then the year of harvest, and then a unique number to identify the harvest lot. If a harvest lot is 

subsequently split into one or more lots for purposes of testing in OAR 603-048-2300 to 603-048-2480 

or for purposes of retesting in accordance with OAR 603-048-0630(3), a unique letter shall be added to 

the end of the original harvest lot identifier to identify the split lots. 

(18) “Hemp” means industrial hemp and these terms are used interchangeably. 

(19) “Hemp Item” has the meaning provided in OAR 603-048-2310. 

(20) "Immature hemp plant" means a cannabis plant that is not flowering. 

(21) “Immature plant lot” means a quantity of immature hemp plants tested, transferred or sold as one 

unit. 

(22) “Immature plant lot identifier” means a unique numerical identifier that begins with the name of the 

grow site, then the year of production, and then a unique number to identify the immature plant lot. If an 

immature plant lot is subsequently split into one or more lots for purposes of testing, a unique letter shall 

be added to the end of the original immature plant lot identifier to identify the split lots. 

(23) “Industrial hemp”: 

(a) Means the plant species Cannabis sativa, and any part of that plant whether growing or not including 

the seeds thereof, that contain an average total tetrahydrocannabinol concentration that does not exceed 

0.3 percent on a dry weight basis. 

(b) Does not mean: 

(A) Industrial hemp commodities or products; or 

(B) Marijuana, as that is defined in ORS 475B.015. 

(24) Industrial Hemp Commodity or Product: 

(a) Means an item processed by a handler containing any industrial hemp or containing any chemical 

compounds derived from industrial hemp, including CBD derived from industrial hemp. 

(b) Includes: 

(A) Hemp concentrates or extracts as defined in OAR 603-048-2310; 

(B) Hemp edible as defined in OAR 603-048-2310; 

(C) Hemp tincture as defined in OAR 603-048-2310; 

(D) Hemp topical as defined in OAR 603-048-2310; 

(E) Hemp transdermal patch as defined in OAR 603-048-2310; 

(F) Industrial hemp processed through retting or other processing such that it is suitable fiber for textiles, 

rope, paper, hempcrete, or other building or fiber materials; 

(G) Industrial hemp seed processed such that it is incapable of germination and processed such that is 

suitable for human consumption; 

(H) Industrial hemp seed pressed or otherwise processed into oil; 

(c) Does not include: 

(A) Industrial hemp that has not been processed in any form; 

(B) Industrial hemp that has been minimally processed, for purposes of transfer or storage including 

chopping, separating, or drying; 

(C) Industrial hemp that has been minimally processed and meets all testing requirements for hemp 

items under OAR 603-048-2300 to 603-048-2500 where used or intended to be used for processing into 

a hemp concentrate or extract as defined in OAR 603-048-2310; 

(D) Agricultural hemp seed. 

(25) “Key participant” means any person listed on an application for a grower license and: 

(a) If an applicant or key participant is a limited partnership, each general partner in the limited 

partnership; 

(b) If an applicant or key participant is a general partnership, each general partner in the general 

partnership; 
(c) If an applicant or key participant is a manager-managed limited liability company, each manager of 

the limited liability company as those terms are defined in ORS 63.001; 

(c) If an applicant or key participant is a corporation, each person with executive managerial control in a 

corporation. A person with executive managerial control includes, but is not limited to, any officer of the 

corporation; 

(d) Any individual or legal entity with an ownership interest in the applicant or a key participant; 

(e) If an applicant or key participant is a member-managed limited liability company, any individual or 

legal entity who holds or controls a direct or indirect interest of 20 percent or more in the applicant. 

(26) “Laboratory” means a laboratory that is licensed by the OLCC under ORS 475B.560 and accredited 

by the Oregon Health Authority under ORS 475B.565. 

(27) “License” has the same meaning and is subject to the same requirements, prohibitions, and any 

other rules as a registration and is used interchangeably with registration except where the context of the 

rule provides otherwise. 

(28) “Licensed research grower” means a person licensed to produce hemp for research purposes only 

pursuant to OAR 603-048-0126. 

(29) “Licensee” means a grower, handler, agricultural hemp seed producer, research grower or other 

person 

licensed under ORS 571.281 or these rules. Licensee has the same meaning and is subject to the same 

requirements, prohibitions, and any other rules as a registrant and is used interchangeably with registrant 

except where the context of the rule provides otherwise. 

(30) "Mature hemp plant" means a cannabis plant that is not an immature hemp plant. 

(31) “OLCC” means the Oregon Liquor and Cannabis Commission. 

(33) “Ownership interest”: 

(a) Includes any person or legal entity that exercises control over, or is entitled to exercise control over, 

the business. Control over the business includes but is not limited to the authority to enter a contract or 

similar obligations on behalf of the business. 

(b) Includes any individual or legal entity owning the real or personal property of the proposed grow 

site, unless the owner of the property has given control over the property to another party via a lease or 

rental agreement or similar agreement. 

(c) Does not include an employee acting under the direction of the owner or other non-executive 

employees such as farm, field, or shift managers that do not make financial planning decisions and that 

do not vote or exercise control of the business. 

(33) “Planting” or the action “plants” means placing a seed, cutting, or plant in the ground or other 

media for the purpose of growing, or being in possession of any such seed, cutting, or plant. 

(34) “Process” means the processing, compounding, or conversion of industrial hemp into industrial 

hemp commodities or products or agricultural hemp seed. 

(35) “Production area” means the area at a grow site where industrial hemp is produced or is intended to 

be produced and may include a field, greenhouse, or other building. 

(36) “Process lot identifier” means a unique numerical identifier that begins with the last seven numbers 

of the handler’s license number or the name of the handler, then the year of processing, and then a 

unique number to identify the process lot. 

(37) “Produce” means the planting, cultivation, growing, or harvesting of industrial hemp. 

(38) “Process lot” means: 

(a) Any amount of hemp concentrate or extract of the same type and processed at the same time using 

the same extraction methods, standard operating procedures and batches from the same or different 

harvest lots; or 

(b) Any amount of hemp cannabinoid products of the same type and processed at the same time using 

the same ingredients, standard operating procedures and batches from the same or different harvest lots 
or process lots of cannabinoid concentrate or extract. 

(39) “Retest” or “Retesting” means the laboratory process of retesting a retained file sample for THC 

content after the sample failed initial testing for THC content under OAR 603-048-0600. A retest does 

not include or permit taking a new sample from the harvest lot. 

(40) “Seed lot” means a quantity of cannabis seeds tested, transferred or sold as one unit. 

(41) “Seed lot identifier” means a unique numerical identifier that begins with the name of the grow site, 

then the year of production, and then a unique number to identify the seed lot identifier. If a seed lot is 

subsequently split into one or more lots for purposes of testing, a unique letter shall be added to the end 

of the original seed lot identifier to identify the split lots. 

(42) “Registrant” means a grower or handler or agricultural hemp seed producer registered with the 

Department under these rules. Registrant has the same meaning and is subject to the same requirements, 

prohibitions, and any other rules as a licensee and is used interchangeably with licensee except where 

the context of the rule provides otherwise. 

(43) “Registration” has the same meaning and is subject to the same requirements, prohibitions, and any 

other rules as a license and is used interchangeably with license except where the context of the rule 

provides otherwise. 

(44) “Tetrahydrocannabinol” or "THC" means tetrahydrocannabinol and has the same meaning as delta9 THC unless otherwise specified in the rule. 

(45) “These rules” means OAR 603-048-0010 to 603-048-2500 

(46) “Total THC” means the molar sum of THC and THCA. 

Statutory/Other Authority: ORS 561.190, ORS 571.260-571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260-571.348 & OL 2021, Ch. 542 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 22-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018 

DOA 18-2017, temporary amend filed 11/09/2017, effective 11/09/2017 through 04/03/2018 

DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0100 

Licensing, generally 

(1) Industrial hemp is an agricultural product subject to regulation by the Department. 

(2) Only a licensee may sell, store, or transfer industrial hemp, except as provided in ORS 475B.301, 

ORS 571.266 and this rule. 

(a) Laboratories are not required to be licensed with the Department to sample, test, or transfer or store 

industrial hemp for sampling and testing purposes; and 

(b) Seed testing facilities with a registered seed technologist registered by the Society of Commercial 

Seed Technologist or certified seed analyst certified by the Association of Official Seed Analysts are not 
required to be licensed with the Department to sample, test, treat, or transfer or store industrial hemp 

seed or seedlings for sampling and testing purposes. 

(3) Licenses. 

(a) Apply only to the individual or entity identified on an application that is approved by the 

Department. 

(b) Are a personal privilege and may not be transferred. 

(c) May not be sold or transferred. 

(4) For transfers and sales within Oregon, a licensee may sell or transfer industrial hemp or agricultural 

hemp seed to: 

(a) Another licensee; or 

(b) An OLCC licensee in accordance with ORS 571.336, ORS 571.337, and rules adopted thereunder. 

(5) A licensee may not transfer or sell a growing mature hemp plant unless it has passed preharvest 

testing in accordance with OAR 603-048-0600. 

(6) Restriction on industrial hemp product sales: 

(a) For the purposes of this section, “consumer” means a person who purchases, acquires, owns, holds or 

uses industrial hemp products other than for the purpose of resale. 

(b) A licensee may not sell an industrial hemp product that contains more than 0.3 percent total THC to 

a consumer unless licensed as a retailer by OLCC. 

(7) Licensure and compliance with these rules does not protect a person from possible criminal 

prosecution under state or federal law or other sanctions by other governmental entities. 

Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.348 & OL 2021, Ch 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0125 

Grower Licensure 

(1) Only a grower licensed with the Department may produce industrial hemp except as exempted in 

OAR 603-048-0100. 

(2) Industrial hemp may only be produced at grow sites included on the grower license except as 

exempted in OAR 603-048-0100. 

(3) A licensed grower may use any propagation method, including planting seeds from, or starts, or the 

use of clones or cuttings, to produce industrial hemp. 

(4) The Department shall make available to licensed growers information that identifies licensed 

agricultural hemp seed producers from whom growers may purchase agricultural hemp seed. 

Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348, ORS 633.511-

633.996 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 
 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018 

603-048-0126 

Pre-Registration Violations 

(1)(a) Except as provided in paragraph (b) of this subsection, if a person plants an industrial hemp crop 

or commits a violation of ORS 571.260 to 571.348 as amended by OL 2021, Ch. 542 prior to applying 

for a grower license, the Department shall refuse to issue a license to the person. 

(b) If the crop described in paragraph (a) of this subsection is removed and the Department determines 

that the violation is resolved, the person described in paragraph (a) of this subsection may apply for a 

license under ORS 571.281. The crop must be disposed of in accordance with OAR 603-048-0640 

within 14 calendar days of the Department’s notification to the person, unless the Department grants an 

extension in writing. 

(2) If a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 as 

amended by OL 2021, Ch. 542 prior to being issued a grower license under ORS 571.281, the 

Department shall: 

(a)(A) Prioritize the person’s industrial hemp crop for inspection under ORS 571.281 (7), if the person 

planted the industrial hemp crop as described in this subsection; and 

(B) Require the person to enter into a corrective action plan as described in OAR 603-048-0800(6) with 

the Department; or 

(b) Refuse to issue a license to the person if the Department determines that a corrective action plan is 

insufficient to address the violation. 

(3) If the person described in section (2) of this rule does not enter into a corrective action plan pursuant 

to OAR 603-048-0800(6), the Department may not issue a license to the person under ORS 571.281. 

(4) If the person described in section (2) of this rule refuses to permit or cooperate as described in OAR 

603-048-0650(3) with a pre-licensure inspection or a pre-licensure sampling for THC content as 

described in OAR 603-048-0200(10), the Department may refuse to issue a license to the person under 

ORS 571.281. 

(5) Planting an industrial hemp crop for the purposes of this rule includes the planting of cannabis plants 

at the same location a person identifies as a proposed grow site in a grower application unless the 

cannabis plants are permitted under ORS 475B.301, ORS 571.266, a license issued pursuant to ORS 

475B.070, or a medical marijuana grow site registered under ORS 475B.810. 

Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.348 & OL 2021 Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021 Ch. 542 

History: 

DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary adopt filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

603-048-0127 

Grower Research License 

(1) Beginning on January 1, 2022, a person proposing to grow hemp for research purposes only may 

apply for a research grower license. 

(2) All of the provisions regarding growers in these rules apply to licensed research growers except as 

explicitly exempted or provided otherwise in this rule. 

(a) When submitting an application for a research grower license, the applicant must include the address 

of research facilities where cannabis from the licensed grow site may be stored, handled, tested, or 

otherwise researched. 
(b) When submitting an application for a research grower license, the applicant must submit the 

following: 

(A) A written research plan that identifies the purpose of the research for conducting the research. The 

plan must identify the amount of cannabis intended to be grown. It must also identify how the applicant 

will ensure the plants and plant material remains at the grow site and prevent the material from entering 

the commercial marketplace. 

(B) A written destruction plan that identifies when and how an applicant will timely dispose of plants 

grown under the license. 

(C) Any other information pertinent to the research specifically requested by the Department. 

(c) An applicant for a research grower license must submit the fee for a grower license in OAR 603-48-

0700(1)(a) with its application but is not required to submit a fee for a grow site license. The applicant 

must identify every grow site in the application. 

(d) A licensed research grower is not required to conduct preharvest testing in accordance with OAR 

603-048-0600 except as required for transfers. 

(e) A licensed research grow site or research facility may not be co-located with a non-research grow 

site, a medical marijuana grow site registered under ORS 475B.810 or marijuana producer licensed 

under ORS 475B.070. 

(3) A licensed research grower must: 

(a) Except as permitted in section 4 of this rule, ensure that all cannabis, and all parts thereof, grown 

under the license remains at the licensed grow site, research facility listed on the application, or 

laboratory and that the cannabis does not enter the commercial marketplace or used by a consumer. 

(b) Dispose in accordance with OAR 603-048-0640 all cannabis, and all parts thereof, grown under the 

license in the grower’s possession within 30 days of completing research activities on the cannabis and 

prior to the termination of the license. 

(4) Sale and Transfers. 

(a) A licensed research grower may not sell or transfer any cannabis, or parts thereof, grown under the 

research grower license to any other person or otherwise allow the cannabis to enter the commercial 

marketplace, be used by a consumer, or leave the licensed grow site or research facility listed on the 

application, except as explicitly permitted in this rule. 

(b) A licensed research grower may send samples of cannabis, or parts thereof, grown under the research 

grower license to a laboratory for testing. 

(c) A licensed research grower may sell or transfer cannabis, or parts thereof, grown under the research 

grower license to a licensed grower if the cannabis has passed pre-harvest testing in accordance with 

OAR 603-048-0600 prior to transfer. 

(d) A licensed research grower may sell or transfer cannabis, or parts thereof, grown under the research 

grower license to another licensed research grower. 

(5) The Department must deny an application for a research grower license and revoke a research 

grower licensee if the proposed or licensed grow site or research facility is co-located with a nonresearch grow site, a medical marijuana grow site registered under ORS 475B.810 or a marijuana 

producer licensed under ORS 475B.070. 

(6) The following are Class I violations: 

(a) Failing to comply with any part of this rule. 

(b) Failing to comply with a written research plan. 

(c) Failing to comply with a written destruction plan. 

(d) Failing to comply with any condition placed on the license by the Department. 

(7) The Department may impose conditions on the grower research license that the Department 

determines necessary to be consistent with ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 

542) or these rules or to ensure that cannabis does not enter the chain of commerce. 
 

Statutory/Other Authority: ORS 561.190, ORS 571.260-571.348 & OL 2021 Ch. 542 

Statutes/Other Implemented: ORS 571.260-571.348 & OL 2021 Ch. 542 

History: 

DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021 

603-048-0150 

Handler Licensure 

(1) Only a handler licensed with the Department may process industrial hemp. 

(2) Industrial hemp may only be handled at handling sites included on the handler’s license. A hemp 

handling license applies to only one handling site. A handler must obtain a separate license for each 

handling site. 

(3) Handler Licensure by Reciprocity. A marijuana processor licensed under ORS 475B.090 with a 

hemp endorsement as described in OAR 845-025-3210 from the OLCC may be licensed by reciprocity 

with the Department as a handler in accordance with OAR 603-048-0225(8). A marijuana processor 

licensed by reciprocity: 

(a) Is deemed to be in compliance with the recordkeeping requirements in OAR 603-048-0500 if the 

marijuana processor tracks all industrial hemp and industrial hemp products and commodities in the 

Cannabis Tracking System as required by OAR Chapter 845, Division 25. 

(b) Is deemed to be in compliance with testing requirements for hemp items if the marijuana processor 

tests all hemp items as required in OAR Chapter 845, Division 25. 

Statutory/Other Authority: ORS 561.190, ORS 571.260-571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260-571.348 & OL 2021, Ch. 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018 

603-048-0200 

Grower Licensure Applications and Review 

(1) Licenses are valid for a one-year term beginning on January 1 of each calendar year. Licenses 

granted after January 1 are effective on the date issued. Beginning on January 1, 2022, an applicant must 

submit, and the Department must receive, a complete application and applicable fees by no later than 

May 31 of the calendar year. 

(2) The Department shall review and act on applications in the order they are received. An individual is 

not licensed with the Department until the Department has approved the license and notified the 

applicant of licensure. 

(3) To apply for a grower license, an applicant must submit to the Department: 

(a) A complete grower license application on a form provided by the Department; 

(b) A complete grow site license application on a form provided by the Department for each grow site; 

(c) All applicable fees as described in OAR 603-048-0700; and 

(d) For applications for the 2022 license year or later, consent to a criminal records check by fingerprint 

identification for the applicant or if the applicant is a business entity, submit a consent for every key 

participant in the applicant business in accordance with ORS 181A.195, ORS 181A.200 and OAR 

chapter 125, division 7. To complete the criminal records check, the Department may require additional 

information including, but not limited to, proof of identity, or additional criminal, judicial, or other 

background information. 
 

(4) A person seeking to produce or process agricultural hemp seed must separately apply for and obtain 

an agricultural hemp seed producer license as described in OAR 603-048-0300. 

(5) A grower license application must include the following information: 

(a) The name, legal type of applicant (individual, corporation, etc.). 

(b) Contact information for the applicant. 

(c) For business entities, principal place of business for licensee, names of all key participants for 

applications for the 2022 license year or later, employer identification number, and contact information, 

including phone number and e-mail of all key participants; 

(d) A primary contact person who the Department can contact to arrange for onsite inspections or for 

questions regarding the application and contact information (phone number, email) for the primary 

contact person. 

(e) The address of each grow site; 

(f) Other information specified by the Department in the application, including but not limited to: 

(A) The intended use of the industrial hemp (flower, seed, and/or fiber); and 

(B) The intended number of acres or square feet to be cultivated. 

(g) Any other information or forms required by the Department. 

(h) For each proposed grow site location, a completed form with the following information: 

(A) The address of the grow site; 

(B) Information for each non-contiguous production area, as described in subsection (C) and (D) of this 

rule. 

(C) If in the production area is a field: 

(i) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the 

approximate center of the growing field; 

(ii) The number of square feet or acres of each cultivated field; and 

(iii) A map of the production area showing clear boundaries of the production area; 

(D) If in the production areas is a greenhouse or other building: 

(i) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the 

approximate center of the greenhouse or other building; 

(ii) The approximate dimension or square feet of the greenhouse or other building; and 

(iii) A map of the grow site showing clear boundaries of each production area. 

(6) To add a grow site to an existing license during the licensed calendar year, the licensed grower must 

submit to the Department: 

(a) A complete grow site form as described in section (5) of this rule. 

(b) All applicable fees as described in OAR 603-048-0700(2)(a). 

(7) Renewal Application. 

(a) A person with a current valid license may apply for a renewal license by submitting a complete 

renewal application on a form provided by the Department. The renewal application must include: 

(A) Updated contact information for the applicant and all key participants; 

(B) A consent to a criminal records check by fingerprint identification as described in Section (3) for 

any licensee or key participant who has not passed a criminal records check with the Department in the 

previous two licensing years; 

(C) Complete grow site forms described in section (5) of this rule for any new proposed grow sites; and 

(D) Any other information required by the Department. 

(b) The Department must receive the complete renewal application described in OAR 603-048-0700 by 

no later than December 1 of the current license year. 

(c) All application requirements for an initial license apply to a renewal application except as 

specifically identified in this rule. 
(d) The Department shall deny an applicant for a renewal if the applicant fails to report the information 

required in OAR 603-048-0400(7). 

(8) In addition to the requirements in sections (3) to (7), all applicants must acknowledge and agree that: 

(a) Any information provided to the Department may be publicly disclosed and may be provided to law 

enforcement agencies without notice to the applicant or licensee; 

(b) The Department, or its designee, may enter any field, facility or greenhouse used for the production 

or handling of industrial hemp or agricultural hemp seed and may take samples of industrial hemp or 

agricultural hemp seed as necessary for the administration of the Department’s laws. 

(c) All fees lawfully due to the Department will be timely paid. 

(d) The information provided is true and correct and that applicant’s signature is an attestation of that 

fact. 

(9) The Department, in its discretion, may require an inspection of the grow site prior to registration. 

The inspection may include sampling for THC testing as described in ORS 571.281 or OAR 603-48-

8010 to 603-48-8040. 

(10) Incomplete Applications. 

(a) If an applicant does not provide all of the information required by rule or pay the applicable fee, the 

Department shall reject the application as incomplete. 

(b) If an application is illegible or is substantially incomplete, the Department may summarily reject the 

application as incomplete. If an applicant fails to provide all of the information required, the Department 

may notify the applicant of the missing information and allow the applicant 15 days to submit the 

missing information. If the applicant fails to timely submit the missing information, the Department 

shall reject the application as incomplete. 

(c) The Department may verify the information submitted, verify any accompanying documentation 

submitted with an application, or request additional information, documentation, or attestation from the 

applicant to ensure compliance with ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 542). 

If the applicant or key participant is disqualified due to a felony conviction but was growing hemp 

lawfully under another state’s pilot program authorized by Section 7606, the Department may require 

documentation of the lawful participation. If an applicant fails to timely submit information, 

documentation, or attestation requested by the Department, the Department shall reject the application as 

incomplete. 

(d) An applicant whose application is rejected as incomplete may reapply at any time. If the individual 

reapplies within a year, the application fee may be applied to a new application. 

(11) Denial. 

(a) The Department must deny an initial or renewal application if: 

(A) The applicant fails to satisfy any of the requirements for initial registration. 

(B) For applications for the 2022 license year or later, the applicant or any key participant has been 

convicted of a felony relating to a controlled substance within the last ten years from the date of 

application unless the convicted individual was growing hemp lawfully under a pilot program authorized 

by Section 7606 of the Agricultural Act of 2014 before October 31, 2019. 

(C) The applicant or any key participant plants an industrial hemp crop or commits a violation of ORS 

571.260 to ORS 571.348 (as amended by OL 2021, Ch. 542) prior to applying for a grower license 

unless: 

(i) the applicant disposes the industrial hemp crop in accordance with OAR 603-048-0640 within 14 

days of the Department’s notification to the applicant, unless the Department grants an extension in 

writing; and 

(ii) the Department determines the violation is resolved. 

(D) Required to deny under OAR 603-048-0126. 
 

 

(E) The applicant or any key participant materially falsifies any information submitted in or with an 

application. 

(F) The proposed grow site is at the same location as a licensed researcher grower grow site. 

(b) The Department may deny an initial or renewal application if: 

(A) The applicant or any key participant violated or has a history of noncompliance with: 

(i) A provision of ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 542) 

(ii) A rule adopted under a provision of ORS 571.2600 to ORS 571.348 (as amended by OL 2021, Ch. 

542) ; 

(iii) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 (as 

amended by OL 2021, Ch. 542) or a rule adopted thereunder, including a detainment order; 

(iv) Any statutory law or Department rule related to agricultural activities other than industrial hemp 

operations. 

(B) The application contains false, misleading, or incorrect information; or 

(C) The applicant is a business entity that is required to be registered with the Oregon Secretary of State 

but does not have an active registration. 

(12) Ineligibility based on past noncompliance. 

(a) A grower, and all key participants, is ineligible for a grower license for a period of five years if the 

grower commits three of the violations below over a five-year-period: 

(i) the grower produces cannabis that exceeds 1.0 percent THC on a dry weight basis; 

(ii) the grower fails to provide a legal description of land on which the grower produces hemp; or 

(iii) the grower fails to obtain a license under these rules prior to producing hemp. 

(b) Only for the purposes of determining ineligibility under subsection (a) of this rule: 

(i) A grower shall accrue a maximum of one violation per year. 

(ii) The period of ineligibility begins on the date that the last violation is found in a final order by the 

Department. 

(c) A grower, and all key participants, is ineligible for a grower license for a period of two year from the 

date a final order is entered revoking the grower’s license, except for final orders issued pursuant to 

subsection (a) of this rule where the ineligibility period of five years. 

(d) A grower or key participant whose application is denied for failure to comply with ORS 571.260 to 

571.348 or these rules is ineligible for a period of two year from the date a final order is entered denying 

the grower’s license, except for final orders issued pursuant to subsection (a) of this rule where the 

ineligibility period is five years. 

(e) A grower or key participant ineligible under this rule may not apply or reapply for a grower license 

during the period of ineligibility. 

(f) The Department must deny any grower application submitted by a person ineligible under this rule 

and shall revoke the license of a person who is ineligible under this rule. 

(g) Nothing in this rule prevents the Department from assessing multiple violations or from taking other 

action to revoke or deny a license, or impose civil penalties. 

(13) Persons hold a current valid 2021 grower registration may apply for a renewal license for the 

calendar year 2022 by submitting a renewal application no later than December 1, 2021. All renewal 

application requirements in this rule apply and the application shall be processed as described in this 

rule. 

(14) The Department may place an application on hold if the applicant, licensee, or any key participant 

is currently under investigation for violation of ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 

542) or these rules or pending a disciplinary action with the Department. 

Statutory/Other Authority: ORS 561.120, ORS 561.200, ORS 561.275, ORS 561.190, ORS 569.445, 

ORS 571.260 - 571.348, ORS 633.511 - 633.996 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 
History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 1-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0205 

Criminal Records Check 

(1) Criminal offender information is confidential. The Department shall not disclose records regarding 

criminal offender information received when processing grower license applications except for persons 

with a demonstrated and legitimate need to know the information. 

(2) The only convictions the Department shall consider are felonies relating to a controlled substance 

within the last ten years from the date of application. 

(3) For applications for the 2022 license year or later, an application is incomplete if the applicant or any 

key participant refuses to consent to the criminal history check, refuses to be fingerprinted or respond to 

written correspondence, or discontinues the criminal records process for any reason. Incomplete fitness 

determinations may not be appealed. 

(4) The Department shall request Oregon Department of State Police to conduct a state and nationwide 

criminal records check. 

Statutory/Other Authority: ORS 561.190, ORS 571.260-571.348 & OL 2021 Ch. 542 

Statutes/Other Implemented: ORS 571.260-571.348 & OL 2021 Ch. 542 

History: 

DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021 

603-048-0225 

Handler Applications and Review 

(1) Licenses are valid for a one-year term beginning on January 1 of each calendar year. Licenses 

granted after January 1 are effective on the date issued. 

(2) Renewal Application. A person with a current valid license may apply for a renewal license by 

submitting a renewal application to the Department by no later than December 1 of the current license 

year. All application requirements for an initial license apply to an application for renewing a license. 

(3) The Department shall review and act on applications in the order they are received. An individual is 

not licensed with the Department until the Department has approved the license and notified the licensee 

of licensure. 

(4) To apply for a handler license, an applicant must submit to the Department: 

(a) A complete application to the Department on forms provided by the Department; and 

(b) All applicable fees as described in OAR 603-048-0700. 

(5) A person seeking to produce or process agricultural hemp seed must separately apply for and obtain 

an agricultural hemp seed producer licensure as described in OAR 603-048-0300. 
(6) An application for a handler licensure must: 

(a) Include all of the following information: 

(A) The name, legal type of applicant (individual, corporation, etc.), and contact information of the 

applicant; 

(B) The name and address of applicant’s handling site; 

(C) A primary contact person who the Department can contact to arrange for onsite inspections or for 

questions regarding the application and contact information (phone number, email) for the primary 

contact person. 

(D) Other information for purposes of studying the growth, cultivation, and marketing of industrial 

hemp as specified by the Department in the application. 

(b) Include a completed copy of the Department land use compatibility statement (LUCS) for each hemp 

operation location signed by the local county or government. 

(c) Include any other information or forms required by the Department. 

(7) In addition to the requirements in sections (4) to (6), all applicants for licensure must acknowledge 

and agree that: 

(a) Any information provided to the Department may be publicly disclosed and may be provided to law 

enforcement agencies without notice to the applicant or licensure; 

(b) The Department, or its designee, may enter any field, facility or greenhouse used for the production 

or handling of industrial hemp or agricultural hemp seed and may take samples of industrial hemp or 

agricultural hemp seed as necessary for the administration of the Department’s laws. 

(c) All fees lawfully due to the Department will be timely paid. 

(d) Licensure and compliance with these industrial hemp rules may not protect a person from possible 

criminal prosecution under federal law or other sanctions by federal entities, or from possible criminal 

prosecution under the laws of other states. 

(8) The Department, in its discretion, may require an inspection of the handling site prior to issuing a 

license. 

(9) Incomplete Applications. 

(a) If an applicant does not provide all of the information or documentation required in rule or otherwise 

required by the Department of this rule or pay the applicable fee, the Department shall reject the 

application as incomplete. 

(b) If an application is illegible or is substantially incomplete, the Department may summarily reject the 

application as incomplete. If an applicant fails to provide all of the information required, the Department 

may notify the applicant of the missing information and allow the applicant 15 days to submit the 

missing information. 

(c) The Department may verify the information submitted, verify any accompanying documentation 

submitted with an application, or request additional information, documentation, or attestation from the 

applicant to ensure compliance with ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 542) 

and these rules. If an applicant fails to timely submit information, documentation, or attestation 

requested by the Department, the Department shall reject the application as incomplete. 

(d) An applicant whose application is rejected as incomplete may reapply at any time. If the individual 

reapplies within a year, the application fee may be applied to a new application. 

(10) Denial. 

(a) The Department must deny an initial or renewal application if: 

(A) The LUCS submitted states that the proposed land use is prohibited in the applicable zone; or 

(B) The applicant fails to satisfy any of the requirements for initial licensure. 

(b) The Department may deny an initial or renewal application if: 

(A) The applicant violated or has a history of noncompliance with: 

(i) A provision of ORS 571.260 to ORS 571.; 
 

(ii) A rule adopted under a provision of ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 

542); 

(iii) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 (as 

amended by OL 2021, Ch. 542) or a rule adopted thereunder, including a detainment order; 

(iv) Any statutory law or Department rule related to agricultural activities other than industrial hemp 

operations. 

(B) The application contains false, misleading, or incorrect information; or 

(C) The applicant is a business entity that is required to be registered with the Oregon Secretary of State 

but does not have an active registration. 

(11) Licensure by Reciprocity., A marijuana processor licensed under ORS 475B.090 with a hemp 

endorsement as described in OAR 845-025-3210 from the OLCC may apply for a handler license by 

submitting to the Department: 

(a) A complete reciprocity handler licensure application on forms provided by the Department; 

(b) A copy of the marijuana processor’s current license and hemp endorsement; 

(c) All applicable fees as described in OAR 603-048-0700; and 

(d) Any other forms or documents required by the Department. 

(12) Persons hold a current valid 2021 handler registration may apply for a renewal license for the 

calendar year 2022 by submitting a renewal application no later than December 1, 2021. All renewal 

application requirements in this rule apply and the application shall be processed as described in this 

rule. 

(13) Ineligibility based on past noncompliance. 

(a) A handler is ineligible for a handler license for a period of two year from the date a final order is 

entered revoking the handler’s license. 

(b) A handler whose application is denied for failure to comply with ORS 571.260 to 571.348 (as 

amended by OL 2021, Ch. 542) or these rules is ineligible for a period of two year from the date a final 

order is entered denying the handler’s license. 

(c) A handler ineligible under this rule may not apply or reapply for a handler license during the period 

of ineligibility. 

(d) The Department must deny any handler application submitted by a person ineligible under this rule 

and shall revoke the license of a person who is ineligible under this rule. 

(14) The department may place an application on hold if the applicant or licensee is currently under 

investigation for violation of ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 542) or these rules 

or pending a disciplinary action with the Department. 

(15) If the Department receives written notification from the jurisdiction where a proposed handling site 

or licensed handling site is located that the LUCS is invalid or is no longer valid, the Department may 

require the applicant or licensee to obtain a new LUCS. If a new LUCS is not submitted, the Department 

may deny or revoke the license. If the LUCS submitted states that the proposed land use is prohibited in 

the applicable zone, the Department shall revoke or deny the license. 

Statutory/Other Authority: ORS 561.190, ORS 571.260-571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: OL 2021, Ch. 542 & ORS 571.260 - 571.315 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018 
603-048-0300 

Agricultural Hemp Seed Producer License Application and Review 

(1) Only a grower licensed with the Department may produce agricultural hemp seed. Only a handler 

licensed with the Department may process agricultural hemp seed. An applicant may apply for a grower 

or handler licensure at the same time the applicant applies for licensure as an agricultural hemp seed 

producer. 

(2) A licensed grower or handler seeking to produce or process agricultural hemp seed must obtain an 

agricultural hemp seed producer license unless: 

(a) A licensed grower retains agricultural hemp seed only for the purpose of personally propagating 

industrial hemp for the grower’s own use in future years; 

(b) A licensed grower renders all Cannabis seeds produced such that they are incapable of germination; 

or 

(c) A licensed handler processes agricultural hemp seed in such a manner that the seeds are incapable of 

germination. 

(3) An application to produce agricultural hemp seed must include all of the following information: 

(a) The name, legal type of applicant (individual, corporation, etc.), and contact information of the 

applicant; 

(b) The name and address of the applicant’s agricultural hemp seed operation(s); 

(c) If industrial hemp is grown in a field: 

(A) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the 

approximate center of the growing field; 

(B) The number of square feet or acres of each cultivated field; and 

(C) A map of the production area showing clear boundaries of the production area; 

(d) If industrial hemp is grown in a greenhouse or other building: 

(A) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the 

approximate center of the greenhouse or other building; 

(B) The approximate dimension or square feet of the greenhouse or other building; and 

(D) A map of the production area showing clear boundaries of the production area. 

(e) Other information for purposes of studying the growth, cultivation, and marketing of industrial hemp 

as specified by the Department in the application. 

(f) Any other information or forms required by the Department. 

(4) An application to process agricultural hemp seed must include all of the following information: 

(a) The name legal type of applicant (individual, corporation, etc.) and contact information of the 

applicant; 

(b) The name and address of applicant’s facility used for processing industrial hemp agricultural seed. 

(c) Other information for purposes of studying the growth, cultivation, and marketing of industrial hemp 

as specified by the Department in the application. 

(d) Any other information or forms required by the Department. 

(5) A licensed grower may retain agricultural hemp seed without an agricultural hemp seed producer 

license for the purpose of personally propagating industrial hemp in future years, except that a licensed 

grower may not: 

(a) Retain seed from a harvest lot for future planting that failed pre-harvest THC testing as described in 

OAR 603-048-0600 and 603-048-0630. 

(b) Sell or transfer agricultural hemp seed for the purpose of planting without first obtaining an 

agricultural hemp seed producer license. 

(6) An applicant for licensure must acknowledge and agree that: 

(a) Any information provided to the Department may be publicly disclosed and may be provided to law 

enforcement agencies without notice to the applicant or licensee; 
 

(b) The Department may enter any field, facility, greenhouse, or other building used for the production 

or processing of industrial hemp and may take samples of industrial hemp, industrial hemp commodities 

or products, or agricultural hemp seed as necessary for the administration of the Department’s laws. 

(c) All fees lawfully due to the Department will be timely paid. 

(d) The information provided is true and correct and that applicant’s signature is an attestation of that 

fact. 

(e) Licensure and compliance with industrial hemp rules does not protect a person from possible 

criminal prosecution under federal law or other sanctions by federal entities. 

(7) Renewal Application. 

(a) A person with a current valid license may apply for a renewal license by submitting a complete 

renewal application on a form provided by the Department. The renewal application must include: 

(A) Updated contact information for the applicant and all key participants; 

(B) Any other information required by the Department. 

(b) The Department must receive the complete renewal application described in OAR 603-048-0700 by 

no later than December 1 of the current license year. 

(c) All application requirements for an initial license apply to a renewal application except as 

specifically identified in this rule. 

(8) The Department, in its discretion, may require an inspection of the grow site prior to registration. 

The inspection may include sampling for THC testing as described in ORS 571.281 or OAR 603-48-

8010. 

(9) Incomplete Applications. 

(a) If an applicant does not provide all of the information required by rule or otherwise required by the 

Department or pay the applicable fee, the Department shall reject the application as incomplete. 

(b) If an application is illegible or is substantially incomplete, the Department may summarily reject the 

application as incomplete. If an applicant fails to provide all of the information required, the Department 

may notify the applicant of the missing information and allow the applicant 15 days to submit the 

missing information. 

(c) The Department may verify the information submitted, verify any accompanying documentation 

submitted with an application, or request additional information, documentation, or attestation from the 

applicant to ensure compliance with ORS ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 

542) and these rules. If an applicant fails to submit information, documentation, or attestation requested 

by the Department, the Department shall reject the application as incomplete. 

(d) An applicant whose application is rejected as incomplete may reapply at any time. If the individual 

reapplies within a year, the application fee may be applied to a new application. 

(10) Denial. 

(a) The Department must deny an initial or renewal application if the applicant is not licensed as a 

grower or handler. 

(b) The Department may deny an initial or renewal application if: 

(A) The applicant or key participant violated or has a history of noncompliance with: 

(i) A provision of ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 542); 

(ii) A rule adopted under a provision of ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 

542); 

(iii) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 (as 

amended by OL 2021, Ch. 542) or a rule adopted thereunder, including a detainment order; or 

(iv) Any statutory law or Department rule related to agricultural activities other than industrial hemp 

operations. 

(B) The application contains false, misleading, or incorrect information; or 
 

(C) The applicant is a business entity that is required to be registered with the Oregon Secretary of State 

but does not have an active registration. 

(11) Licenses are valid for a one-year term beginning January 1 of each calendar year. Licenses granted 

after January 1 are effective on the date issued. 

(12) Ineligibility based on past noncompliance. 

(a) An industrial hemp seed producer, and all key participants, is ineligible for an industrial hemp seed 

producer license for a period of one year from the date a final order is entered revoking the license. 

(b) An industrial hemp seed producer or key participant whose application is denied for failure to 

comply with ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 542) or these rules is ineligible for 

a period of two year from the date a final order is entered denying the license. 

(c) An industrial hemp seed producer or key participant ineligible under this rule may not apply or 

reapply for a industrial hemp seed producer license during the period of ineligibility. 

(d) The Department must deny any industrial hemp seed producer application submitted by a person 

ineligible under this rule and shall revoke the license of a person who is ineligible under this rule. 

(13) Persons hold a current valid 2021 industrial hemp seed producer registration may apply for a 

renewal license for the calendar year 2022 by submitting a renewal application no later than December 

1, 2021. All renewal application requirements in this rule apply and the application shall be processed as 

described in this rule. 

Statutory/Other Authority: ORS 561.120, ORS 571.200, ORS 561.275, ORS 561.190, ORS 571.260 -

571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0400 

Reporting Requirements 

(1) A licensee must immediately report, within 48 hours, the theft or loss of industrial hemp or hemp 

items to the Department. A licensee must provide a copy of the police report of such a theft to the 

Department or the police report number of such a theft upon the Department’s request. 

(2) An applicant or licensee must report to the Department in writing within 10 days of the following: 

(a) A disciplinary proceeding or enforcement action by another government entity that may affect the 

applicant or licensee’s business; 

(b) Temporary closures of more than 30 days or a permanent closure of a grow site, research facility or a 

handling site. The applicant or licensee is responsible for all activities at a grow site, research facility, or 

handling site until the date the Department is notified of a permanent site closure in accordance with 

OAR 603-048-0800(1). 

(c) Beginning January 1, 2022, Any felony conviction of the grower applicant or grower licensee or if a 

business entity, any key participant, relating to a controlled substance. 
 

 

(d) On a form provided by the Department and changes to the name, address, e-mail or telephone 

number of the licensee or any key participant within 10 days of the change; 

(e) On a form provided by the Department, changes in location of a production area at a grow site or the 

addition of a production area at a grow site prior to producing at a production area not licensed with the 

Department. 

(f) Any and all licensed production areas that the licensee decides not to plant with industrial hemp or 

does not plant with industrial hemp during the licensing year. 

(3) Changes in Business Structure or Ownership. A licensee that proposes to change its business 

structure or ownership structure must submit a complete Change in Business or Ownership on a form 

provided by the Department to the Department, prior to making such a change. 

(a) The Department shall approve the change if the change would not result in an initial or renewal 

application denial or revocation under these rules. 

(b) If the licensee proceeds with the change without an approved Change in Business or Ownership 

form, the licensee must surrender the registration in writing or the Department shall revoke the 

registration. 

(c) The Department may refuse to accept a Change in Business or Ownership form for a change in 

business structure or financial interest if the licensee is expiring in less than 90days, the licensee is under 

investigation by the Department, or has been issued a Notice by the Department following an alleged 

violation and the alleged violation has not been resolved. 

(d) If a licensee has a change in ownership that is 51% or greater, a new application and application fees 

must be submitted. The Department shall process the application in accordance with these rules. 

(e) A licensed grower must submit with the Change in Business or Ownership consent for a criminal 

background check for any new licensee or key participant in the licensed business in accordance with 

OAR 603-048-0200(4)(d). 

(4) Licensees must pay the change fee described in OAR 603-048-0700 for each change form submitted 

under section (2)(b), (3)(b), or (4)(a) of this rule. 

(5) Growers must ensure that all laboratory THC test results for all harvest lots are timely reported to the 

Department and that any failed test report is immediately reported to the Department as required by 

these rules. 

(6) By December 1 of the current registration year: 

(a) Growers shall report to the Department on forms provided by the Department: 

(A) Amount of industrial hemp planted (in acres or square feet); 

(B) Amount of industrial hemp harvested; 

(C) Amount of cannabis remediated, if applicable; and 

(D) Any other information as specified on the forms by the Department. 

(b) Handlers shall report to the Department on forms provided by the Department: 

(A) Type of industrial hemp commodities and products produced; 

(B) The amount of industrial hemp commodities and products produced per type; and 

(C) Any other information as specified on the forms by the Department. 

(7) Beginning on January 1, 2022, growers shall report hemp crop acreage to the United States 

Department of Agriculture Farm Service Agency in accordance with 7 CFR 990.7 the following 

information: 

(a) Street address and geospatial location for each production area; 

(b) Acreage dedicated to the production of hemp or greenhouse or indoor square footage dedicated to 

hemp; and 

(c) Department grower license number. 

Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.378, OL 2021, Ch. 542 & ORS 571.260 

- 571.348 
Statutes/Other Implemented: OL 2021, Ch. 542 & ORS 571.260 - 571.348 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 23-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018 

DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0500 

Record Keeping Requirements 

(1) Licensees must maintain records required under these rules for no less than three (3) years after the 

total disposition of each harvest, seed, immature plant, or process lot, as identified by unique identifier 

assigned pursuant to this rule. 

(2) For purposes of identifying industrial hemp and industrial hemp products and commodities for 

record keeping: 

(a) Growers must assign each harvest lot of industrial hemp produced by the grower a harvest lot 

identifier as that term is defined in 603-048-0010. 

(b) Growers must assign each seed lot produced by the grower a seed lot identifier as that term is 

identified in OAR 603-048-0010. 

(c) Growers must assign immature plant lot transferred or sold by the grower an immature plant lot 

identifier as that term is identified in OAR 603-048-0010. 

(d) Handlers must assign a process lot identifier as that term is defined in 603-048-0010 to any industrial 

hemp commodities or products made by the handler. 

(e) Licensees must assign a unique identifier to all industrial hemp received from outside Oregon. 

(f) Handlers must assign a unique identifier to all industrial hemp commodities or products received 

from outside Oregon. 

(3) Grower Recordkeeping. 

(a) A grower must create and maintain records for all industrial hemp planted or produced that includes 

the following information: 

(A) The harvest lot, seed lot, and immature plant lot identifier as applicable; 

(B) Grow site and production area identifiers; 

(V) Date of harvest if applicable; 

(D) Any and all sampling and testing documentation from preharvest testing; 

(E) Documentation of any production area not planted during the licensing year and documentation of 

reporting to the Department in accordance with OAR 603-048-0400(2)(f). 

(F) For cannabis waste and all other cannabis disposal: 

(i) Documentation of disposal, including photos or videos, as required in OAR 603-048-0640; and 

(ii) Documentation of required reports to the Department as required in OAR 603-048-0640. 

(b) A grower must create and maintain records for any receipt or transfer of industrial hemp that 

includes the following information: 
(A) For each harvest lot, seed lot, or immature plant lot of industrial hemp received from a person within 

Oregon or transferred to a person in Oregon, as permitted under ORS 571.260 to 571.348, as amended 

by OL 2021, Ch. 542, and these rules: 

(B) The name and address of the person transferring the harvest lot to the grower or receiving the 

harvest lot from the grower, including the license number of the person; 

(C) The harvest lot, seed lot, or immature plant lot identifier for each lot received or transferred; 

(D) The date of receipt or transfer; 

(E) The amount of industrial hemp (plants, material, seeds) received or transferred in pounds; 

(F) All test reports for each lot received or transferred; 

(G) If transferred to an OLCC licensee, the UID number(s), as that term is defined in OAR 845-025-

1015, assigned to the harvest lot(s). 

(c) For each harvest lot, seed lot, or immature plant lot , received from outside of Oregon, or transferred 

outside of Oregon, to the extent such receipt or transfer is permitted under ORS 571.260 to 571.348 (as 

amended by OL 2021, Ch. 542), , and these rules: 

(A) The name and address of the person transferring the industrial hemp to the grower or receiving 

industrial hemp from the grower including the outside state license number of the person; 

(B) The unique identifier for the industrial hemp received: 

(C) The date of receipt; 

(D) The amount of industrial hemp (plants, material, seeds) received in pounds; 

(E) All test reports for industrial hemp received; 

(4) Handler Recordkeeping for Industrial Hemp. A handler must create and maintain records for the 

receipt or transfer of industrial hemp that includes the following information: 

(a) For each harvest, seed, or immature plant lot received from a person within Oregon or transferred to 

a person in Oregon, as permitted under ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 542), 

and these rules: 

(A) The name and address of the person transferring the lot to the handler or receiving the lot from the 

handler, including the registration number of the person; 

(B) The lot identifier for each lot received or transferred; 

(C) The date of receipt or transfer; 

(D) The amount of industrial hemp (plants, material, seeds) received or transferred in pounds; 

(E) All test reports for each lot received or transferred; 

(F) If transferred to an OLCC licensee, the UID number(s), as that term is defined in OAR 845-025-

1015, assigned to the lot(s). 

(b) For each harvest, seed, or immature plant lot received from outside of Oregon or transferred outside 

of Oregon, to the extent such receipt or transfer is permitted under ORS 571.260 to 571.348, as amended 

by OL 2021, Ch. 542, and these rules: 

(A) The name and address of the person transferring the industrial hemp to the handler or receiving 

industrial hemp from the handler; 

(B) The unique identifier for the industrial hemp received: 

(C) The date of receipt; 

(D) The amount of industrial hemp (plants, material, seeds) received in pounds; 

(E) All test reports for industrial hemp received; 

(5) Handler Recordkeeping for Industrial Hemp Commodities and Products. A handler must create and 

maintain records for the receipt or transfer of industrial hemp commodities and products, to the extent 

such receipt is permitted under ORS 571.260 to 571.348, as amended by OL 2021, Ch. 542, and these 

rules that includes the following information: 

(a) The name and address of the person transferring the commodities or products to the handler or 

receiving the commodities or products from the handler, including the registration number if the person 
 

is registered; 

(b) The process lot identifier or unique identifier for the commodities or products received or 

transferred; 

(c) The date of receipt or transfer; 

(d) The amount in units or pounds of the commodity or product received or transferred; 

(e) All test reports for the commodities or products received or transferred; 

(f) If transferred to an OLCC licensee, the UID number(s), as that term is defined in OAR 845-025-

1015, assigned to commodities or products transferred. 

(6) Handler Recordkeeping for Disposition of Items Received and Transferred. A handler must create 

and maintain disposition information for all industrial hemp or hemp commodity or products received or 

transferred that includes the following information: 

(a) Identification of the harvest, seed, or immature plant lot by unique identifier; 

(b) Identification of the process lot by process lot identifier or identification of the hemp commodity or 

product by unique identifier; 

(c) Whether the harvest lot, immature plant lot, seed lot, process lot, industrial hemp or hemp 

commodity or product was transferred without processing; 

(d) If processed: 

(A) The process lot identifier; 

(B) The method of processing; 

(C) The type of industrial hemp commodity or product created from the industrial hemp or hemp 

commodity or product; and 

(D) The amount in units or pounds of the industrial hemp commodity or product created from the 

industrial hemp or hemp commodity or product. 

Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 11-2021, minor correction filed 04/07/2021, effective 04/07/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0550 

Transport Documentation Requirements 

(1) When transporting industrial hemp or agricultural hemp seed, licensees must ensure a copy of the 

following documents accompanies the industrial hemp or agricultural hemp seed: 

(a) A copy of the hemp license; 

(b) A copy of the invoice or bill of lading that includes the originating location and destination and 

contact information of buyer and seller if applicable; and 

(c) A copy of the pre-harvest test results issued by a laboratory under OAR 603-048-0600 and sampling 

documentation required under OAR 603-048-0600 that corresponds to the harvest lot(s) in transit as 

identified by harvest lot identifier. 
(2) “Industrial hemp commodities” for the purpose of this rule means industrial hemp items that are not, 

or are not yet, packaged for retail sale. 

(3) When transporting industrial hemp commodities, handlers must ensure a copy of the hemp license 

accompanies the industrial hemp commodities. 

Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018 

603-048-0600 

Pre-Harvest Sampling and Testing for Tetrahydrocannabinol 

(1) A grower may not: 

(a) Harvest a harvest lot until it has been sampled in accordance with these rules. 

(b) Transfer or sell a harvest lot until it has passed testing in accordance with these rules. 

(2) Required Sampling and Testing: 

(a) A grower must ensure that the grower’s entire crop is timely sampled and tested according to these 

rules. 

(b) Harvest lots must be sampled and tested separately and may not be combined. At the discretion of 

the grower, industrial hemp grown in a contiguous field or growing area may be subdivided into 

separate harvest lots for sampling and testing consistent with these rules. Sampling must be conducted 

and testing must be reported using the harvest lot identifier described in OAR 603-048-0500(2). 

(c) A grower must arrange for and ensure the sampling of a harvest lot no more than twenty-eight (28) 

days prior to harvest for the purpose of ensuring that the harvest lot does not exceed permissible THC 

concentration levels on a dry weight basis Beginning on January 1, 2022, sampling of the harvest lot 

must occur not more than thirty (30) days prior to harvest. Harvest must be complete within the 

applicable time period for sampling or the grower must arrange for additional sampling of the 

unharvested cannabis in accordance with these rules. 

(d) If a purpose of the harvest lot is to produce flower, the grower must arrange for sampling such that 

flowers are present at the time of sampling. In this case, only plants with flowers shall be sampled. 

(e) The grower or authorized representative must provide the sampler with unrestricted and unobstructed 

access to all hemp and other cannabis plants whether growing or harvested and all lands, buildings, and 

other structures used for cultivation, handling, and storage of all hemp and Cannabis and all other 

locations listed in the grower’s license. 

(f) During a scheduled sampling, the grower, person in charge of the grow site, or an authorized 

representative of the grower shall be present at the grow site. 

(3) All sampling and testing must be performed by the Department or a laboratory. 

(4) If a grower uses a laboratory to perform testing and sampling the grower must ensure that the 

laboratory: 

(a) Retains all documentation of sampling and testing for at least three years and can provide such 

documentation to the Department upon request. 

(b) Complies with sample or matrix spike recovery requirements and Relative Percent Difference 

requirements as described in Exhibit B. 

(c) Conducts sampling and testing in accordance with these rules. 

(d) Can demonstrate that its limit of quantification (LOQ) for THC is at or below 0.3 percent THC. 

(e) Requires all laboratory staff conducting sampling to complete annual sampling training with the 

Department prior to conducting sampling. 
(f) Tests for and reports the total THC content of the harvest lot calculated in accordance with OAR 333-

064-0100(4). 

(5) To request sampling and testing, prior to sampling a grower must submit to the laboratory, or the 

Department, a completed sampling request form provided by the Department that includes: 

(a) A written sampling request for THC analysis for each harvest lot, as identified by the harvest lot 

identifier, for which the grower is requesting sampling and testing and the total number of harvest lots to 

be sampled and tested; 

(b) A description of the location of the production area of each harvest lot, as identified by the harvest 

lot identifier, including the GPS coordinates or address of the harvest lot; and 

(c) A written description and visual depiction of each harvest lot to be sampled and tested such that the 

production area for each harvest lot is apparent from a visual inspection of the premises and easily 

discernible from other harvest lots. 

(6), Sampling of a harvest lot must: 

(a) Occur after the laboratory or Department personnel fully complete the sampling form provided by 

the Department onsite at the production area. 

(b) Produce a sample that is representative of the harvest lot. 

(c) Be conducted: 

(A) In accordance with the Department’s Sampling Protocol prescribed in Exhibit A and incorporated by 

reference. 

(B) Such that a sufficient sample size is taken and retained for analysis of all requested tests, any 

requested retest, and any quality control performed by the testing laboratory for these tests. 

(7) A grower must ensure that: 

(a) The laboratory conducts testing according to the Department’s Testing Protocol prescribed in Exhibit 

B and incorporated by reference. 

(b) The laboratory reports all test results electronically to the Department at 

HempTestReports@oda.state.or.us using the forms provided by or approved by the Department or via an 

online portal operated by the Department, and include for each sample tested: 

(A) Grower’s name and registration number; 

(B) Harvest lot identifier; 

(C) Sample date; 

(D) Sample size by weight; 

(E) Testing date; 

(F) Total THC percentage to the second decimal point only calculated in accordance with OAR 333-

064-0100(4); 

(G) The laboratory’s measurement of uncertainty for THC testing of industrial hemp. Measurement of 

uncertainty means the parameter, associated with the result of the measurement, that characterizes the 

dispersion of the values that could reasonable be attributed to the particular quantity subject to 

measurement; 

(H) Clear identification of the harvest lot by harvest lot identifier that corresponds to the sample and the 

location of the corresponding harvest lot’s production area; 

(I) Copy of grower’s sampling request form required in section (5) of this rule; and 

(J) Copy of the completed sampling form required in section (6) of this rule. 

(c) Beginning January 1, 2022, the laboratory reports all results from testing conducted under this rule to 

the United States Department of Agriculture. The test results report must contain the following 

information: 

(A) Grower’s registration number; 

(B) Grower’s name; 

(C) Business address of the grower; 
(D) Harvest lot identifier 

(E) Name of the laboratory 

(F) Date of the test and report 

(G) Whether it is a retest; 

(H) Test result. 

(d) If a sample fails testing a grower must ensure that: 

(A) The laboratory sends the failed test report electronically to the Department at 

HempTestReports@oda.state.or.us using the forms provided or approved by the Department or via an 

online portal operated by the Department within 24 hours of the failed test report. 

(B) The laboratory sends failed test reports to the grower who requested the testing using the forms 

provided or approved by the Department within 24 hours of the failed test report. 

(C) The grower complies with OAR 603-048-0630. 

(8) Until January 1, 2022,a sample fails testing if the test report indicates that the sample contains total 

THC content calculated in accordance with OAR 333-064-0100(4) of 0.35 percent or greater on a dry 

weight basis. Beginning on January 1, 2022, a sample fails testing when the application of the 

measurement of uncertainty to the amount of total THC of the sample calculated in accordance with 

OAR 333-064-0100(4) reported by a laboratory produces a distribution or range that does not include 

0.3 percent or less on a dry weight basis. If the sample from a harvest lot fails required THC testing 

under these rules the harvest lot corresponding to the sample fails required THC testing. 

(9) Until January 1, 2022, if the test report indicates that the sample contains total THC of less than 0.35 

percent on a dry weight basis, as specified in sections (8) of this rule, and the harvest lot was sampled 

and tested in compliance with these rules, the harvest lot passes testing required by these rules. 

Beginning on January 1, 2022, a sample passes testing when the application of the measurement of 

uncertainty to the amount of total THC of the sample calculated in accordance with OAR 333-064-

0100(4) reported by a laboratory produces a distribution or range that includes 0.3 percent or less on a 

dry weight basis and the harvest lot was sampled and tested in compliance with these rules. If the sample 

of the harvest lot passes THC testing under these rules, the harvest lot corresponding to the sample 

passes required THC testing. 

(10) Upon receipt of a failed test report: 

(a) The grower must immediately clearly label or place signage on the harvest lot that it failed testing. 

(b) The grower must immediately detain the harvest lot at the grow site and may not sell, transfer, or 

process the harvest lot. 

(c) The grower may not move the harvest lot from the grow site or allow the harvest lot to be removed 

from the grow site without written permission from the Department. 

(d) If the harvest lot has not been harvested, the grower may continue normal agricultural processes to 

maintain the viability of the harvest lot, but may not harvest without written permission from the 

Department, 

(e) If the harvest lot has been harvested, the grower must immediately segregate the failed harvest lots 

from any other harvest lots. If the failed harvest lot has been comingled, all cannabis commingled with a 

failed harvest lot must be detained and is subject to all of the requirements, including required disposal, 

of the failed harvest lot. 

(11) Invalid Sampling or Testing: 

(a) It is the grower’s obligation to demonstrate and maintain documentation that each harvest lot was 

sampled and tested in accordance with these rules and passes THC testing required by these rules. 

(b) Sampling or testing that does not meet all of the requirements and standards of these rules is invalid. 

The harvest lot corresponding to an invalid sampling or invalid testing fails to satisfy the required THC 

testing under these rules. 
(c) The Department may detain, seize, embargo, and dispose of the harvest lot that fails THC testing 

under this rule or that was invalidly sampled or tested as provided under OAR 603-048-0900. 

(12) The Department may, at its discretion, agree to conduct sampling and testing for a licensed grower. 

Prior to conducting the sampling and testing the grower must pay fees as described in OAR 603-048-

0700 for each harvest lot requested to be sampled and tested. 

(13) In addition to the testing required by this section the Department may inspect any industrial hemp 

and take a representative sample for testing for THC content. The Department may detain, seize, 

embargo, and dispose of any industrial hemp that fails THC testing as described in sections (8) of this 

rule. 

(14) Beginning on January 1, 2023, all laboratories conducting sampling or testing must be registered 

with the United States Drug Enforcement Agency in accordance with 21 USC 823(f) unless the United 

States Department of Agriculture issues written guidance or amends the federal rules to extend or waive 

this requirement. 

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 

Statutory/Other Authority: ORS 561.120, ORS 561.200, ORS 561.275, ORS 561.190, ORS 571.260 -

571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018 

DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 1-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0630 

Failed Pre-Harvest Testing; Retesting 

(1) If a sample tested under OAR 603-048-0600 fails an initial test, a grower may pursue retesting at the 

grower’s own cost pursuant to sections (2) and (3) of this rule. 

(2) Retesting of Failed Samples. If a sample tested under OAR 603-048-0600 fails an initial test, the 

laboratory that did the testing, or the Department if the Department did the testing, may retest the sample 

pursuant to the Testing Protocol, Exhibit B. If the sample passes, the sample must be retested by another 

laboratory or the Department and again pass testing to confirm the result in order for the harvest lot to 

pass testing. 

(a) If a grower wishes to have a sample retested, the grower must request a retest within seven (7)days 

from the date the notice of the failed test was sent to the grower. The retest must be completed within 30 

days from the date the retest was requested. 

(b) To request retesting, the grower must provide the laboratory, or the Department, with the following 

on a form provided by the Department: 
(A) A written request for retesting for each sample the grower requests be retested; and 

(B) Notification that the sample is being retested because of the failed test and the failed test results. 

(c) If a grower has requested a retest in accordance with subsection (2)(a) and (b) of this rule and the 

sample passes upon retest, the grower has seven (7) days from the date the notice of the passed test is 

sent to request that another laboratory, or the Department, retest the remaining file sample and confirm 

that the sample contains less than 0.35 percent total THC, calculated in accordance with OAR 333-064-

0100(4). The initial laboratory must coordinate with the second laboratory or the Department to provide 

the remaining file sample for retesting. The retesting must be completed within 30 days from the date 

the retesting was requested. 

(d) If a grower has requested an initial or secondary retest and the test report indicates that the sample 

failed testing as described in OAR 603-048-0600(8) the sample fails testing and no further testing is 

permitted under this subsection. 

(e) Reporting: 

(A) A grower must report electronically to the Department within 24 hours, at 

HempTestReports@oda.state.or.us using the forms provided or approved by the Department, or via an 

online portal operated by the Department, any initial or secondary request for retest of a sample. 

(B) A grower must ensure that a laboratory reports electronically to the Department within 24 hours, at 

HempTestReports@oda.state.or.us using the forms provided or approved by the Department, or via an 

online portal operated by the Department, the testing results of the initial or secondary retest. 

(3) Resampling Production Area. If a sample tested under OAR 603-048-0600 fails an initial test, a 

grower may seek resampling and retesting of the production area if: 

(a) The original plants in the production area associated with the failed test remain standing and growing 

in the production area. 

(b) The grower requests the resampling within seven (7) days from the date the notice of the failed test 

was sent to the grower. 

(c) The grower subdivides the production area into separate harvest lots for resampling and retesting. 

(d) The grower properly identifies the subdivided harvest lots in accordance with OAR 603-048-0500. 

(e) The grower provides the laboratory or the Department with the following on a form provided by the 

Department: 

(A) A written request for resampling for each harvest lot the grower requests be resampled that includes 

all of the information required in OAR 603-048-0600 for initial sampling; and 

(B) Notification that the harvest lot is being resampled because of the failed test and the failed test 

results. 

(f) The resampling occurs within ten (10)days of the request for resampling and the test results are 

reported within 30days of the request for resampling. 

(4) If the harvest lot fails testing after resampling conducted under section (3) of this rule, the grower 

may pursue retesting pursuant to section (2) of this rule, but may not pursue retesting under section (3) 

of this rule. 

(5) Reporting: 

(a) A grower must report electronically to the Department within 24 hours, at 

HempTestReports@oda.state.or.us using the form provided or approved by the Department, or via an 

online portal operated by the Department any requests for resampling under this subsection. 

(b) A grower must ensure that the laboratory reports electronically to the Department within 24 hours, at 

HempTestReports@oda.state.or.us using the forms provided or approved by the Department, or via an 

online portal operated by the Department, the testing results of any resampling under this subsection. 

(6) The Department may detain, seize, embargo the harvest lot corresponding to a sample, as provided 

under ORS 561.605 to 561.620 and subject to the provisions of ORS Chapter 183, if the sample failed a 

test under OAR 603-048-0600. 
(7) The Department may detain, seize, embargo, and dispose of the harvest lot corresponding to a 

sample, as provided under ORS 561.605 to 561.620 and subject to the provisions of ORS Chapter 183, if 

the sample: 

(a) Was not sampled and tested in compliance with all of the requirements and standards of these rules; 

(b) Fails a test under OAR 603-048-0600 and the grower does not timely request a retest or resampling 

or informs the Department that retest or resampling will not be requested; 

(c) Fails any retesting under section (2) of this rule and the grower: 

(A) Does not timely request resampling; 

(B) Informs the Department that resampling will not be requested; or 

(C) Is no longer eligible for resampling; 

(d) Fails any testing conducted under section (3) of this rule and the grower does not timely request a 

retest or informs the Department that retest will not be requested; 

(e) Passes initial retesting but the grower fails to timely request secondary retesting to confirm the 

passed test result as described in section (2)(c) of this rule. 

(f) Fails a test under OAR 603-048-0600 and the retained file sample lacks sufficient volume of harvest 

lot material to allow for the first and second retesting described in section (2)(c) of this rule and the 

grower: 

(A) Does not timely request resampling; 

(B) Informs the Department that resampling will not be requested; or 

(C) Is no longer eligible for resampling. 

(g) Fails a test under OAR 603-048-0600 and the harvest lot does not pass re-testing in accordance with 

these rules. 

(8) If a sample passes the first and second retest described in section (2)(c) of this rule, the sample and 

corresponding harvest lot satisfies THC testing required by these rules and is released from the 

restrictions in OAR 603-048-0600(10). 

(9) If a sample passes testing after resampling conducted under section (3) of this rule, the sample and 

corresponding harvest lot satisfies THC testing required by these rules and is released from the 

restrictions in OAR 603-048-0600(10). Any harvest lots that are not retested or that fail testing after 

resampling, the grower must disposed of in accordance with OAR 603-048-0640. 

(10) If the amount of the harvest lot material collected for purposes of sampling is not sufficient to allow 

for the first and second retesting described in section (2)(c) of this rule, the sample and corresponding 

harvest lot fails to satisfy these rules. 

(11) Beginning January 1, 2022, the grower must ensure that any additional testing is reported by the 

laboratory to the United States Department of Agriculture. The test results report must contain the 

following information: 

(a) Grower’s registration number; 

(b) Grower’s name; 

(c) Business address of the grower; 

(d) Harvest lot identifier 

(e) Name of the laboratory 

(f) Date of the test and report 

(g) Whether it is a retest; 

(h) Test result. 

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 

Statutory/Other Authority: ORS 561.190, 561.605-561.620, ORS 571.260-571.348 & OL 2021, Ch. 

542 

Statutes/Other Implemented: ORS 571.260-571.348 & OL 2021, Ch. 542 

History: 
 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 

DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018 

603-048-0640 

Cannabis Waste and Cannabis Disposal 

(1) For the purposes of this rule, “cannabis waste” includes cannabis grown at the grower’s registered 

grow site or under a grower’s registration that the registrant determines has lost its market value due to 

mold, pest, disease, or that the registrant otherwise does not intend to process, transfer, or sell. 

“Cannabis waste” does not include minimal amounts of cannabis pruned or removed from cannabis 

plants in the course of normal agricultural practices such as removing male plants. 

(2) A registrant must comply with the following when disposing of cannabis that fails testing under 

OAR 603-048-0600 to 603-048-0625 or if the registrant is otherwise ordered by the Department to 

dispose of cannabis plants. 

(a) The registrant must request approval from the Department at least seven calendar days prior to the 

date of proposed disposal on a form provided by the Department that includes the following 

information: 

(A) Proposed date of disposal; 

(B) Amount of plants to be disposed; 

(C) Proposed method of disposal; and 

(D) Grow site, production area, and harvest lots from which plants are proposed to be disposed. 

(b) The registrant must permit Department staff, or the Department’s designee, to observe the 

destruction if required by the Department. 

(c) The registrant must have written Department approval prior to beginning disposal. 

(d) The registrant must document the disposal as follows: 

(A) Photograph the disposal such that the destruction of each separate production area or harvest lot is 

identifiable. Documentation must include photos of the separate production areas or harvest lots before 

and after the disposal method is applied. The photos must depict all parts of the subject production area 

or harvest lots. Alternatively, the registrant may video the destruction if the video satisfies the 

requirements described for the photographs. 

(B) The registrant must maintain the photos and video required in subsection (A) for at least three years 

from the date of disposal and provide immediately to the department upon request. 

(e) Within seven calendar days of completing disposal, the registrant must submit a disposal report on a 

form provided by the Department that includes but is not limited to the following information: 

(A) Date of disposal; 

(B) Amount of plants disposed; 

(C) Method of disposal; and 

(D) Grow site, production area, and harvest lots from which plants were disposed. 

(3) A registrant who determines that any portion of the cannabis grown at the grow site is cannabis 

waste must: 

(a) Request approval from the Department within 10 calendar days of the determination and at least 

seven (7) calendar days prior to the date of proposed disposal using a form provided by the Department 

that includes the following information: 

(A) Proposed date of disposal 

(B) Amount of cannabis waste to be disposed 
 

 

 

(C) Proposed method of disposal 

(D) Grow site, production area, and harvest lots from which the cannabis waste derives from. 

(E) Description of the reason why the cannabis is waste (disease, mold, etc.) 

(b) Comply with all of the requirements in section (2)(b)-(e) of this rule 

(4) To dispose of cannabis waste or cannabis that fails pre-harvest testing as described in OAR 603-048-

0600 to 603-048-0625 such that destruction is required or when otherwise ordered by the Department to 

dispose of cannabis, the registrant must render the cannabis waste or cannabis into a non-retrievable or 

non-ingestible form. Registrant may use any of the following methods for disposal as consistent with 

other local, state, and federal laws or regulations: 

(a) Plowing under 

(b) Mulching/composting 

(c) Disking 

(d) Brush mower/chopper 

(e) Deep burial 

(f) Burning 

(5) It is a Class I violation to fail to comply with any provision of this rule. 

Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348, ORS 633.511 -

633.996 & HB 3000 (2021) 

Statutes/Other Implemented: HB 3000 (2021) & ORS 571.260 - 571.315 

History: 

DOA 29-2021, adopt filed 12/29/2021, effective 01/01/2022 

DOA 22-2021, temporary adopt filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

603-048-0650 

Industrial Hemp Inspection and Record Reviews 

(1) The Department, as it deems necessary in the enforcement and carrying out its laws may, during 

normal business hours, inspect premises, machinery, equipment and facilities of registrants and inspect 

any crop during any growth phase or harvested crop, and sample for analysis. 

(2) Upon not less than three days’ notice, the Department may subject registrant records to inspection or 

audit during normal business hours. The Department may make an inspection or audit for the purpose of 

ensuring compliance with: 

(a) A provision of ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 542); 

(b) A rule adopted under a provision of ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 542); or 

(c) An order issued by the Department pursuant to a provision of ORS 571.260 to 571.348 (as amended 

by OL 2021, Ch. 542) or rule adopted under a provision of ORS 571.260 to 571.348 (as amended by OL 

2021, Ch. 542), including a detainment order. 

(3) A licensee must permit Department staff, or its designee, to inspect and access all parts of the 

licensed grow site, equipment, facilities, and any area where cannabis is grown pursuant to the license 

and cooperate with such an inspection. Failure to permit or cooperate with an inspection includes, but is 

not limited to: 

(a) Failing to appear at the licensed grow site within a reasonable period of time after being notified of 

an on-site inspection. 

(b) After reasonable notice of an onsite inspection, failing to appoint a licensee representative 

knowledgeable about operations at the grow site to be available to the Department staff, or its designee, 

during an inspection. 

(c) Failing to timely respond to Department staff, or its designee, communications to set up a time for 

inspection. 

(d) Refusing to grant access to all areas of the licensed grow site. 
(e) Failing to maintain safe conditions at a grow site, such that the Department or its designee cannot 

reasonably and safely inspect the grow site. Failing to maintain safe conditions may include allowing 

unrestrained animals on the grow site or maintaining hazards or other dangerous conditions on the grow 

site. 

(f) Failure to provide to the Department, upon request, information concerning compliance with these 

rules. 

(g) Failure to provide confirmation, upon request by the Department or its designee, of the presence or 

absence of hazards or dangerous conditions at a grow site. 

(h) Ending an inspection or engaging in aggressive or confrontational behavior that requires Department 

staff or its designee to end an inspection prior to the Department or its designee finishing all inspection 

tasks and duties. 

(i) Failing to permit the Department or its designee to conduct sampling for the purposes of testing under 

ORS 571.281 or OAR 603-48-8010. 

Statutory/Other Authority: ORS 561.120, ORS 561.200, ORS 561.275, ORS 561.190, ORS 571.260 -

571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

603-048-0700 

Fees 

(1) Licensing Fees. At the time of application an applicant must pay the following fees: 

(a) A fee of $250.00 for a grower application. 

(b) A fee of $500.00 for each grow site application. 

(c) A fee of $1,300 for each handler application; 

(d) A fee of $500 for each hemp handler by reciprocity application; 

(e) A fee of $500.00 for an agricultural hemp seed producer application. 

(f) A fee of $75 for each criminal history check. 

(2) Change Fees. For each change described in OAR 603-048-0400(2)(b), (3)(b) or (4), the licensee 

must pay a $125.00 change fee. 

(3) Sampling and Testing Fee. The fee for pre-harvest THC sampling and testing by the Department as 

described in OAR 603-048-0600 includes: 

(a) Sampling Fee: 

(A) A charge for a minimum of four hours of service at a rate of $92 per hour; 

(B) Travel time at the rate of $92 per hour; 

(C) Mileage, lodging and per diem reimbursed at rates established by the Department of Administrative 

Services; 

(D) Overtime Charges: For all services performed during the following times (which will be considered 

overtime), the regular inspection fees or hourly charges shall be charged plus $30.00 per hour for all 

time involved figured to the nearest one-half hour: 

(i) After eight hours (per scheduled shift) or 6:00 p.m., whichever comes first, on Monday through 
 

Friday of each week; 

(ii) At any time on Saturdays or Sundays; and 

(iii) At any time on any day which is declared by law to be a holiday for state employees. 

(E) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other 

legal holidays shall be four hours; and 

(b) Laboratory Testing Fee: $375 per harvest lot. 

Statutory/Other Authority: ORS 561.190, 571.260 - 571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 11-2017, f. & cert. ef. 7-13-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 2-2017(Temp), f. & cert. ef. 1-18-17 thru 7-16-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0800 

Enforcement and Civil Penalty for Industrial Hemp Law Violation 

(1) A licensee is responsible for: 

(a) All activities that occur at the grow site, research facility or handling site and for ensuring that all 

activities at the site comply with ORS 571.260 to 571.348 (as amended by OL 2021, Ch. 542) and these 

rules. If a licensee no longer is operating at a grow site, research facility or handling site, the licensee 

must notify the Department as described in OAR 603-048-0400(2)(b). 

(b) Any act or omission of a licensee representative in violation of these rules or any provision of ORS 

571.260 to 571.348 (as amended by OL 2021, Ch. 542). 

(2) In addition to any other liability or penalty provided by law, the Department may impose a civil 

penalty not to exceed $2,500 on any person who violates any provision of ORS 571.260 to 571.348, as 

amended by OL 2021, Ch. 542, a rule adopted pursuant thereto, or order issued by the Department under 

ORS 571.260 to 571.348 as amended by OL 2021, Ch. 542or a rule adopted pursuant thereto, including 

a detainment order. 

(3) The Department shall issue a written notice to the person being assessed the penalty consistent with 

ORS Ch. 183. Any contested case to contest the civil penalty will be conducted pursuant to ORS Ch. 

183. Each violation may be considered a separate and distinct offense. 

(4) Subject to the provisions of ORS Ch. 183, the Department may revoke the license of a grower, 

handler or agricultural hemp seed producer or may refuse to license or renew the license if a grower, 

handler or agricultural hemp seed producer violates: 

(a) A provision of ORS 571.260 to 571.348 as amended by OL 2021, Ch. 542; 

(b) A rule adopted under a provision of ORS 571.260 to 571.348 as amended by OL 2021, Ch. 542; 

(c) An order issued by the Department for violation of a provision of ORS 571.260 to 571.348 as 

amended by OL 2021, Ch. 542or any rule adopted thereunder including a detainment order; 

(d) Any statutory law or Department rule related to agricultural activities other than industrial hemp 

operations. 

(5) Subject to the provisions of ORS Ch. 183, the Department may revoke a license for any reason that 

the Department may deny an initial or renewal application. 
(6) Subject to the provisions of ORS Ch. 183, beginning on January 1, 2022, the Department must 

revoke a license if: 

(a) A grower licensee or a key participant is convicted of a felony relating to a controlled substance 

within the last ten years unless the convicted individual was growing hemp lawfully under a pilot 

program authorized by Section 7606 of the Agricultural Act of 2014 before October 31, 2019; 

(b) A licensed research grow site or research facility is co-located with a non-research grow site, a 

medical marijuana grow site registered under ORS 475B.810 or marijuana producer licensed under ORS 

475B.070. 

(7) Corrective Action Plans. 

(a) If the Department identifies violations by a licensee, the Department in writing may require a 

licensee to enter a corrective action plan as an alternative or in addition to disciplinary action. 

(b) The licensee must submit a corrective action plan to the Department within 10 days of receiving the 

Department’s written directive to submit a corrective action plan. 

(c) The licensee must correct all identified violations by the deadline established by the Department. 

Licensee may request a longer time period to correct violations in the corrective action plan. 

(d) The Department shall review and determine if the proposed corrective action plan is acceptable. The 

corrective action plan must include all elements required by the Department in writing. 

(i) If the corrective action plan is not acceptable, the Department shall notify the licensee in writing 

which provisions in the Department finds unacceptable. 

(ii) Licensee shall submit a revised corrective action plan to the Department within 10 days of receiving 

the Department’s notification. The Department shall review the revised plan in accordance with this 

rule. If the plan is still unacceptable, the Department may take the actions described in subsection (e) of 

this rule. 

(e) If the licensee fails to submit a corrective action plan, fails to comply with any deadline in subsection 

(7) of this rule or other deadline established by the Department for the corrective action plan process, or 

fails to timely correct all identified violations, the Department may take action to revoke or deny 

licensee’s license or impose civil penalties. 

Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348 & OL 2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-0900 

Detainment, Seizure, Embargo, and Disposal 

If a harvest lot or hemp item is subject to detainment, seizure, embargo, or disposal pursuant to ORS 

571.260 to 571.348 (as amended by OL 2021, Ch. 542) or the rules adopted thereunder, the Department 

may detain, seize, embargo, or dispose of the harvest lot or hemp item as provided in ORS 561.605 to 

561.620 and consistent with these rules. 

(1) The Department shall cause to be affixed to the harvest lot or hemp item being detained, seized or 

embargoed a notice that the lot or item is being detained, seized or embargoed by the Department and 
warning all persons that it may not be moved from its current location without written permission from 

the Department. 

(2) The Department shall notify in writing the owner or person in possession of the lot or item that the 

lot or item is being detained, seized or embargoed by the Department. 

(a) If the person in possession of the lot or item is not the owner, the Department shall make a 

reasonable effort to notify the owner. 

(b) Such notification shall state the reason for the Department’s action and notify the owner or person in 

possession of the right to a hearing as provided under ORS Ch. 183. 

(c) A written request for hearing on the proprietary of the detention, seizure or embargo must be filed 

either by the owner or person in possession with the Department within 10 days of receiving actual 

notice of the action. 

(d) Any hearing shall not be held sooner than 10 days after the request for hearing has been received by 

the Department, however if the lot or item subject to the Department’s action is perishable, or if, in the 

opinion of the Department, other good and sufficient reason appears, the Department may, at the request 

of the owner or person in possession of such lot or item, be held at an earlier date. 

(e) Any hearing shall be conducted by an administrative law judge assigned from the Office of 

Administrative Hearings and shall be conducted pursuant to ORS Ch. 183. 

(f) If the owner or person in possession does not request a hearing on the propriety of the seizure, 

detention or embargo within the time limited for making such request, the Department may summarily 

destroy or otherwise dispose the lot or item, or, if the owner or person in possession does not within 30 

days after the hearing either comply with the orders of the department as to reconditioning, relabeling or 

segregating or perfect an appeal to the circuit court, the department may summarily destroy or otherwise 

dispose of the subject matter of the action. 

(3) If a sample passes the first and second retesting described in OAR 603-048-0630, the sample and 

corresponding harvest lot satisfies THC testing required by these rules. After receiving and verifying the 

confirming test reports, the Department may release the detained harvest lot. 

(4) A person subject to a detainment, seizure, embargo, or disposal order is responsible for ensuring that 

the harvest lot or hemp items subject to the action are not removed from the location identified in the 

notice of the action or subject to any processing or manufacturing processes without written permission 

from the Department. 

(a) A person subject to a detainment, seizure, embargo or disposal order shall take all reasonable steps to 

prevent theft or removal of the lot or items from the location identified in the notice of the action. 

(b) A person subject to a detainment, seizure, embargo, or disposal order is strictly liable for any 

violation of the order, including removal of the lot or item from the location identified in the notice 

without permission from the person subject to the action. 

(c) A person subject to a detainment, seizure, embargo, or disposal order may submit a written request to 

harvest, move, or take other action to preserve the harvest lot or hemp item pending an administrative 

proceeding challenging the proprietary of the order. The person may only take such action upon written 

permission from the Department and subject to any requirements or restrictions imposed by the 

Department. 

(5) Sampling of a detained harvest lot by a laboratory in compliance with these rules does not constitute 

a violation of a detainment, seizure, or embargo order. 

(6) The Department may order destruction of the harvest lot corresponding to a failed sample, subject to 

the grower or person in possession’s right to a hearing as described in this rule, if the corresponding 

sample: 

(a) Was not sampled and tested in compliance with all of the requirements and standards of these rules; 

(b) Fails a test under OAR 603-048-0600 and the grower does not timely request a retest or resampling 

or informs the Department that retest or resampling will not be requested; 
(c) Fails any retesting under section (2) of OAR 603-048-0630 and the grower: 

(A) Does not timely request resampling; 

(B) Informs the Department that resampling will not be requested; or 

(C) Is no longer eligible for resampling; 

(d) Fails any testing conducted under section (3) of OAR 603-048-0630 and the grower does not timely 

request a retest or informs the Department that retest will not be requested; 

(e) Passes initial retesting but the grower fails to timely request secondary retesting to confirm the 

passed test result as described in section (1)(c) of OAR 603-048-0630. 

(f) Fails a test under OAR 603-048-0600 and the retained file sample lacks sufficient volume of harvest 

lot material to allow for the first and second retesting described in OAR 603-048-0630 and the grower: 

(A) Does not timely request resampling; 

(B) Informs the Department that resampling will not be requested; or 

(C) Is no longer eligible for resampling. 

(g) Fails a test under OAR 603-048-0600 and the harvest lot is not successfully remediated in 

accordance with these rules. 

Statutory/Other Authority: ORS 561.190, ORS 561.605 – 561.630, ORS 571.260 - 571.348 & OL 

2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 25-2017, temporary amend filed 12/20/2017, effective 12/20/2017 through 04/03/2018 

DOA 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018 

DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 

603-048-1000 

Violations and Penalties 

(1) The Department may impose a civil penalty not to exceed $2,500 on a person for violating: 

(a) A provision of ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 542); 

(b) A rule adopted under a provision of ORS 571.260 to ORS 571.348 (as amended by OL 2021, Ch. 

542);or 

(c) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 (as 

amended by OL 2021, Ch. 542), or a rule adopted thereunder, including a detainment order. 

(2) The Department may impose a civil penalty based on the classification of the violation. The civil 

penalty amount for each classification is as follows: 

(a) Class 1 violation, $2,500; 

(b) Class 2 violation, $1000; 

(c) Class 3 violation, $500. 

(3) The civil penalty amount for each classification are guidelines. If the Department finds one or more 

mitigating or aggravating circumstances, it may assess a lesser or greater amount. 
(4) Common violations are classified as follows: 

(a) Class 1 violations include: 

(A) Failing to obtain a license with the Department when required under ORS 571.260-571.348 (as 

amended by OL 2021, Ch. 542) or rules adopted thereunder; 

(B) Providing false or misleading information to the Department or to a laboratory when requesting 

required testing under these rules; 

(C) Falsifying information or records required to be maintained by the Department or submitted to the 

Department; 

(D) Failing to test a hemp item in accordance with OAR 603-048-2300 through 603-048-2480; 

(E) Failing to test a harvest lot in accordance with these rules; 

(F) Altering or falsifying a laboratory test report or result; 

(G) Selling or attempting to sell a hemp item that fails to meet testing requirements required by OAR 

603-048-2000 through 603-048-2480; 

(H) Selling, transferring, receiving, attempting to transfer, sell, or receive, processing or attempting to 

process a harvest lot that: 

(i) Has not been sampled and tested in accordance with these rules; 

(ii) Failed testing under OAR 603-048-0600 and did not otherwise pass testing under OAR 603-048-

0630; 

(iii) Was invalidly tested as described in OAR 603-048-0600. 

(I) Growing or handling hemp with Total THC calculated in accordance with OAR 333-064-0100(4) 

that exceeds 3 percent on a dry weight basis. 

(J) Failing to ensure cannabis, industrial hemp, or industrial hemp commodity or product, or any portion 

thereof, that is subject to a detainment, embargo, seizure or destruction order complies with the order as 

described in OAR 603-048-0900(4). 

(K) Failing to timely dispose of cannabis as described in OAR 603-048-0640 or cannabis that is 

determined to be presumptively marijuana and is required to be destroyed under OAR 603-48-8010 to 

603-048-8040. 

(L) Failing to permit Department staff, or its designee, to inspect and access all parts of the licensed or 

proposed grow site, equipment, facilities, and any area where cannabis is grown pursuant to a license or 

failing to cooperate with any such inspection in accordance with OAR 603-048-0650(3). 

(M) Failing to timely report cannabis waste or disposal in accordance with OAR 603-048-0640. 

(N) Repeat violations of Class 2 or Class 3 violations. 

(O) Any other violation of ORS 571.2600 to ORS 571.348 (OL 2021, Ch. 542) or OAR 603-048-0100 

to 603-048-2500 that may cause an immediate threat to the public health or safety. 

(P) Failing to provide an accurate legal description of land where hemp is produced. 

(b) Class 2 violations include, but are not limited to: 

(A) Failing to ensure test reports for the THC content of each harvest lot is timely reported to the 

Department as required by 603-048-0400. 

(B) Failing upon request to timely provide the Department with laboratory test results that verify 

compliance with these rules 

(D) Any other uncategorized violation. 

(c) Class 3 violations include but are not limited to: 

(A) Failure to keep or provide information or records as required by the Department; 

(B) Growing or handling hemp with total THC calculated in accordance with OAR 333-064-0100(4) 

that fails testing as described in OAR 603-048-0600 but does not exceed 3 percent total THC; 

(C) Failing to ensure failed test results of a hemp item are reported to the Department within 24 hours as 

required by OAR 603-048-2300. 
(5) In addition to the penalty described in subsection (1) of this rule, the Department may impose a civil 

penalty not to exceed $10,000 against a licensed grower if the department determines that the licensee 

produced cannabis on a licensed grow site that contains an average tetrahydrocannabinol concentration 

of at least 10 percent on a dry weight basis. 

Statutory/Other Authority: ORS 561.120, ORS 571.200, ORS 561.190, ORS 571.260 - 571.348 & OL 

2021, Ch. 542 

Statutes/Other Implemented: ORS 571.260 - 571.348 & OL 2021, Ch. 542 

History: 

DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 

DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 

DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022 

DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 

DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 

DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 

DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 

DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018 

DOA 25-2017, temporary amend filed 12/20/2017, effective 12/20/2017 through 04/03/2018 

DOA 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018 

DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018 

DOA 13-2017, f. & cert. ef. 8-30-17 

DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 

DOA 19-2016, f. & cert. ef. 10-28-16 

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 

DOA 3-2015, f. & cert. ef. 1-29-15 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit A: Sampling

Protocol 

Hemp Pre-Harvest Testing 

To be valid pre-harvest THC sampling and testing required under OAR Chapter 603, 

Division 48, all sampling must be conducted as described in this Protocol.1 

A. General Sampling Requirements

1. Sampling may only be performed by the Department or a laboratory licensed by 

the Oregon Liquor and Cannabis Commission (OLCC) under ORS 475B.560 and 

accredited by the Oregon Health Authority (OHA) pursuant to ORS 475B.565 

[hereinafter, “Laboratory”].2 

2. All sampling must be performed by personnel employed by a Laboratory 

[hereinafter sampler”] and in accordance with OAR 603-048-0600 and this 

Protocol. Samplers must complete annual sampling training with the 

Department before sampling. 

3. The Laboratory must follow chain of custody procedures consistent OAR 333-

064-0100(2) and be documented to record the collection, transport, and 

receipt of samples by the Department or Laboratory. Laboratory must maintain 

records for each harvest lot as identified by harvest lot identifier. 

4. Sampling must produce a representative sample of the harvest lot. 

5. The Laboratory must avoid contamination of the non-sampled material with 

sample containers that are free of analytes of interest and appropriate for the 

analysesrequested. 

6. The Laboratory shall only sample plants with flowers when a purpose of the 

harvest lot is to produce flower. If no flowering plants are present, the 

Laboratory shall reschedule the sampling for a later date when flowering plants 

are present. 

7. The Laboratory must obtain a sufficient sample size to provide sufficient material 

to conduct all requested tests, any requested retest, and any quality control 

performed by the testing laboratory. 

B. Initiating a Sampling Request 

1. The Laboratory must receive a complete Hemp Sampling and Testing 

Request Form prior to sampling. The Laboratory must receive a new and 

separate “Harvest Lot Sampling Request Description” for each “Harvest Lot” 

to be sampled. 

2. The Laboratory must complete the Hemp On-Site Sampling Form. The Laboratory 

must complete a new and separate “Harvest Lot On-Site Sampling Description” 

for each Harvest Lot to be sampled. 

3. A “Harvest Lot” means: 

a. Means a quantity of cannabis of the same variety or strain harvested within a 

distinct timeframe that is: 

1 The definitions in OAR 603-048-0010 unless the context indicates otherwise. 2 Note that the sampling of industrial hemp for pre-harvest THC concentration itself is not accredited by OHA.

Exhibit A: Sampling Protocol. 

Oregon Department of Agriculture Hemp Program Phone: (503) 986-4652 Email: hemp@oda.oregon.gov Web site: 

https://oda.direct/hemp Rev. 8-26-2021 Page 1 of 6. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A. Grown in one contiguous production area within a grow site; or 

B. Grown in a portion or portions of one contiguous production area within a 

grow site. 

b. Does not include cannabis grown in noncontiguous fields or noncontiguous 

growing areas. 

4. Prior to beginning the sampling procedure, the sampler shall: 

a. Survey the site to identify the conditions to determine the appropriate sampling 

procedure as described in this Protocol. 

b. Visually establish the homogeneity of the harvest lot to establish the plants 

growing are of a like variety. 

c. Verify the description of the location of the production area of each harvest lot 

in the Hemp Sampling and Testing Request Form matches the location of the 

harvest lot to be sampled (including the GPS coordinates or the address of the 

harvest lot, and the written description and visual depiction of the harvest lot). 

C. Survey and sample collection 

1. The sample pattern must ensure that all parts of the harvest lot are 

adequately and proportionately represented in the plants inspected 

and sampled. 

2. The sampler must use a sawtooth pattern when sampling the harvest lot. Two 

(2) sawtooth patterns are provided below. The approved sampler must choose 

one of the patterns most suitable for the field to be sampled. (Figure 1 and 2). 

The sampler must walk at right angles to the row of plants. The sampler must 

sample according to the pattern to the extent possible but may deviate from the 

pattern as necessary to account for particular physical growing conditions and to 

ensure that all parts of theharvest lot are adequately and proportionately 

sampled to produce a representative sample. 

a. A sample shall be obtained from flowering tops when flowering tops are 

present, and shall be approximately five to eight inches in length from the 

main stem (that includes the leaves and flowers), the terminal bud (that 

occurs at the end of a stem) or central cola (cut stem that could develop 

into a bud).

3 Samplers should avoid sampling dead, diseased, or 

mechanically injured plants. 

b. A sample shall consist of no more than one sample per plant, randomly 

chosen from the harvest lot. Place each sample in a paper bag. 

c. Since they are a measure of the entire harvest lot, all samples from the 

harvest lot may be collected into a single bag. 

d. Samplers should avoid collecting too many samples from the borders of 

the harvest lot. 

3. Sample Size: 

a. The sample size must be at least 4 ounces, which is the minimum

amount necessary for laboratory tests and file samples. 

b. Each composite sample should consist of a maximum 30 plant heads of about 

five to eight inches. 

c. For greenhouses, small fields, or when sampling from a known number of 

3 See note on harvest lots intended for flower production in the General Sampling Requirements.

Exhibit A: Sampling Protocol. 

Oregon Department of Agriculture Hemp Program Phone: (503) 986-4652 Email: hemp@oda.oregon.gov Web site: 

https://oda.direct/hemp Rev. 8-26-2021 Page 2 of 6. 
 

 

 

 

 

 

 

plants, the Hypergeometric Table 1 below should be used. 

Table 1. Hypergeometric Table for Random Sampling 

For greenhouses, small fields or when sampling from a known number of plants, plants 

may be sampled follows: 

Total number of 

plants: 

Randomly select this number of plants to 

sample: 

1-13 Sample all plants 

14-15 13 

16-17 14 

18-19 15 

20-22 16 

23-25 17 

26-28 18 

29-32 19 

33-38 20 

39-44 21 

45-53 22 

54-65 23 

66-82 24 

83-108 25 

109-157 26 

158-271 27 

272-885 28 

886-200,000 29 

Exhibit A: Sampling Protocol. 

Oregon Department of Agriculture Hemp Program Phone: (503) 986-4652 Email: hemp@oda.oregon.gov Web site: 

https://oda.direct/hemp Rev. 8-26-2021 Page 3 of 6. 
 

 

 

 

 

 

 

 

 

 

 

Figure 1. This is a typical sawtooth survey pattern starting in the lower “left” corner of 

the field. The yellow dots indicate the approximate locations to collect samples. 

Figure 2. This is another typical sawtooth survey pattern starting in the top “left” 

corner of the field. The yellow dots indicate the approximate locations to collect 

samples. 

D. Reporting and Recordkeeping Requirements

1. The Laboratory shall record data for all samples collected on the appropriate 

forms for sample collection. All records must clearly identify the harvest lots by 

harvest lot identifier. 

2. The Laboratory shall submit a copy of the following forms for each Harvest Lot 

Exhibit A: Sampling Protocol. 

Oregon Department of Agriculture Hemp Program Phone: (503) 986-4652 Email: hemp@oda.oregon.gov Web site: 

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with the samples when submitting for testing. 

a. Hemp Sampling and Testing Request Form 

b. Hemp On-Site Sampling Form 

3. The Laboratory shall maintain standard operating procedures (SOP) that 

accurately reflect current sampling procedures. 

a. The SOP shall be readily accessible to all pertinent personnel and 

provided to ODA upon request. 

b. The SOP shall clearly indicate the effective date of the document, the 

revision number, and the signature of the approving authority. 

c. The sampling SOP shall use these protocols as minimum requirements 

and must include additional detail specific to laboratory procedures. Any 

changes, including use of a selected option, shall be documented and 

included on the sampling form. In cases where the published method has 

been modified or where the referenced method is ambiguous or provides 

insufficient detail, these changes or clarifications shall be clearly 

described. 

d. All documents shall be controlled and retained in accordance with 

the TNI Environmental Laboratory standard as defined in 333-007-

0310. 

4. When procuring the sample, the Laboratory must create a Chain of Custody 

form that includes, but is not limited to, the information set out below. All 

sampling report forms must be signed by thesampler. 

a. Sampler’s name 

b. Lab License Number 

c. Grower license number 

d. Field ID/Name and Harvest Lot Identifier 

e. Sampling Date/Time 

f. Custody transfer signatures 

g. Custody Transfer Dates/Times 

5. The Laboratory shall provide to ODA upon request any and all records 

associated with the sampling, including SOPs, chain of custody forms, quality 

checks, etc. 

E. Preparation of the Composite Sample 

1. The Laboratory shall close the paper bag for collection and seal in a manner 

to show evidence of tampering. On the sample bag, record Field Name and 

the harvest lot identifier, date of sampling, sampler’s signature, registered 

business or growername. 

2. The Laboratory must have detailed procedures on maintaining custody and 

sample integrity during transport. These procedures should take into 

consideration controlling temperature and other environmental factors. 

3. Composite samples must always be identified by labeling or marking the 

sample container to associate them with the harvest lot from which they 

originated. 

4. The Laboratory must submit the composite sample to the testing laboratory in its 

entirety. 

5. The Laboratory shall submit a copy of all of the following forms with the 

Exhibit A: Sampling Protocol. 

Oregon Department of Agriculture Hemp Program Phone: (503) 986-4652 Email: hemp@oda.oregon.gov Web site: 

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samples when submitting for testing: 

a. Hemp Sampling and Testing Request Form - Completed by grower; 

b. Hemp On-Site Sampling Form- Completed by Laboratory 

F. Equipment and supplies

1. Forms (including extra sample request forms) 

2. Paper bags for samples 

3. Permanent pens for marking on paper sample bags 

4. Pruning shears for collecting foliar samples 

5. Single-use Coveralls 

6. Gloves, disposable 

7. Boots or booties (waterproof recommended) 

8. Rain gear (recommended) 

9. Boxes for storing sample equipment and samples 

10. Bleach, 10% solution or other acceptable surface disinfectant for cleaning tools 

or boots between fields 

11. Clipboard 

12. Clicker to count the number of samples collected (optional) 

G. Sanitation 

1. Park vehicle on pavement or on designated roads within the field. 

2. Clean collection tools with an appropriate disinfectant after finishing all 

sample collections within the field. 

3. Dispose of coveralls and gloves in an appropriate receptacle before leaving the 

field or in a designated receptacle in the vehicle. Ensure that single-use 

coveralls are appropriately cleaned prior to next use and are not contaminated 

by used coveralls. 

4. Field sampling equipment must be certified clean prior to use by the Laboratory. 

H. Resampling 

1. A Laboratory may resample a Harvest Lot upon receipt of a completed 

Sampling and Testing Request Form from a grower that indicates the 

request is for “Remediation Resampling.” 

2. A Laboratory shall conduct any such resampling in accordance with all 

applicablerules and this protocol. 

References 

USDA APHIS National Seed Health Service. 2001. Reference manual B: Seed health 

testing and phytosanitary field inspection methods manual. Version dated 2/27/2001, 

USDA APHIS NSHS, Beltsville, MD, 56 pp. 

http://www.aphis.usda.gov/import_export/plants/plant_exports/national_seed_health_s 

ystem.sht ml 

OAR Chapter 603, Division 48 

Exhibit A: Sampling Protocol. 

Oregon Department of Agriculture Hemp Program Phone: (503) 986-4652 Email: hemp@oda.oregon.gov Web site: 

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Exhibit B: Testing 

Protocol Hemp PreHarvest Testing 

To be sufficient to meet the requirement for pre-harvest THC sampling and 

testing under OAR Chapter 603, Division 48, testing must be conducted as 

described in this Protocol.1 

A. Testing Requirements 

1. Testing may only be performed by a laboratory licensed by the Oregon 

Liquor and Cannabis Commission (OLCC) under ORS 475B.560 and 

accredited by the Oregon Health Authority (OHA) pursuant to ORS 

475B.565 to sample and test for tetrahydrocannabinol (THC) content 

(hereinafter, Laboratory)2 or the Oregon Department of Agriculture (ODA). 

2. All testing must be performed by personnel employed by a Laboratory 

and in accordance with OAR 603-048-0600 and this Protocol. 

3. The Laboratory must follow chain of custody procedures consistent with 

OAR 333-064-0100(2) and be documented to record the collection, 

transport, and receipt of samples by the Laboratory. 

4. Testing must be conducted in compliance with OAR 333-064-

0100(3) – (7) except that the Laboratory need not test or report CBD 

values. 

5. The Laboratory must perform testing under their Quality Management 

system as defined by their ORELAP accreditation. 

6. The Laboratory must perform testing in a manner that avoids 

contamination of the non-sampled material with sample containers that 

are free of analytes of interest and appropriate for the analyses requested. 

7. The Laboratory shall calculate total THC (meaning the molar sum of THC 

and THCA) percentage on a dry weight basis calculated in accordance 

with OAR 333-064-0100(4). 

8. The Laboratory must estimate and report the measurement of uncertainty 

(MU) with test results. Laboratories shall use appropriate, validated 

methods and procedures for all testing activities and evaluate 

measurement of uncertainty. 

1 The definitions in OAR 603-048-0010 unless the context indicates otherwise. 

2 Note that the sampling of industrial hemp for pre-harvest THC concentration itself is not accredited by OHA. 

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B. Initiating a Testing Request 

1. The Laboratory must receive a complete Industrial Hemp Sampling and 

Testing Request Form prior to testing. The Laboratory must receive a 

new and separate “Harvest Lot Sampling Request Description” for each 

Harvest Lot to be tested. 

2. The Laboratory must receive a complete Industrial Hemp On-Site 

Sampling Form prior to testing. The Laboratory must receive a new and 

separate “Harvest Lot 

On-Site Sampling Description” for each Harvest Lot to be tested. 

3. A “Harvest Lot” means: 

a. Means cannabis of the same variety or strain harvested in a distinct 

timeframe that is: 

i. Grown in one contiguous production area within a grow site; or 

ii. Grown in a portion or portions of one contiguous production area 

within a grow site. 

b. Does not include cannabis grown in noncontiguous fields or 

noncontiguous growing areas. 

C. Sample Preparation Requirements 

1. The Laboratory shall dry all of the leaf and flower of the sample (not 

obvious stem and seeds). 

2. After drying, the Laboratory shall pulverize and sieve the sample using 

mesh size 1 mm as described in United Nations Office on Drugs and 

Crime: Recommended Methods for the Identification and Analysis of 

Cannabis and Cannabis Products. ISBN 978-92-1-148242-3. The 

Laboratory shall blend and homogenize the sieved material. 

3. The Laboratory shall determine the dry weight of the sieved material. 

4. The Laboratory shall divide the sieved, blended and homogenized 

sample into two portions: the test portion and the retained file sample. 

The Laboratory shall store the retained file sample in a freezer until 

needed. The retained file sample must be of sufficient material to 

conduct any requested retest and any quality control performed by the 

testing Laboratory. 

D. Retesting Requirements 

1. The Laboratory shall retest a Harvest Lot upon receipt of a completed 

Request for Retest from a grower. “Retest” or “Retesting” means the 

laboratory process of retesting a retained file sample for THC content 

after the sample failed initial testing for THC content. A retest does not 

include or permit taking a new sample from the harvest lot. 

2. The Laboratory shall forward the retained file sample to another 

Laboratory or to the ODA upon receipt of a completed Request for Retest 

from the grower requesting that the sample be forwarded. The 

Laboratory shall: 

a. Use packaging appropriate for secure transport. 

b. Protect the sample from moisture and temperature extremes. 

c. Include all documentation with the sample. 

d. Forward the sample by the most expedient, secure, and legal means 

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to ensure that the sample continues to be representative of the 

harvest lot sampled and the chain of custody is accounted for to 

protect its integrity. 

E. Testing After Resampling 

1. The Laboratory may test a Harvest Lot after a valid resampling in 

accordance with OAR 603-048-0630. 

2. The Laboratory shall conduct testing after a resampling like any other 

testing in accordance with this protocol. 

3. The Laboratory shall report the test results as described in Part F of the 

Protocol, but shall indicate that the result is pursuant to resampling. 

F. Reporting and Recordkeeping Requirements 

1. All documentation of sampling and testing must be retained by the 

Laboratory for at least three years and be provided to the Department 

upon request. All records must clearly identify the harvest lots by harvest 

lot identifier. 

2. The Laboratory shall make Standard Operating Procedure (SOPs) 

readily accessible to all pertinent personnel and provided to the 

Department upon request. 

3. All documents shall be controlled and retained in accordance with 

the TNI Environmental Laboratory standard as defined in OAR 333-

007-0310. 

4. When testing or forwarding the sample, the Laboratory must create 

and use a Chain of Custody form that minimally includes the 

information set out below. 

a. Laboratory name 

b. Grower license number 

c. Analyst’s name 

d. Lab License Number 

e. Field ID/Name and Harvest Lot Identifier 

f. Testing Date/Time 

g. Custody transfer signatures 

h. Custody Transfer Dates/Times 

5. The Laboratory must estimate and report the measurement of uncertainty 

(MU) with test results. Laboratories shall use appropriate, validated methods 

and procedures for all testing activities and evaluate measurement of 

uncertainty. Measurement of uncertainty means the parameter, associated 

with the result of the measurement, that characterizes the dispersion of the 

values that could reasonable be attributed to the particular quantity subject 

to measurement. 

6. The Laboratory shall provide to the Department upon request 

analytical data and any records associated with test results reported, 

including SOPs, chain of custody forms, quality checks, MU 

determination, etc. 

7. The Laboratory shall report percentage of total THC in the sample on 

a dry weight basis to exactly two significant figures. 

8. The Laboratory shall report whether the sample passes testing. Until 

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January 1, 2022, if the test report indicates that the sample contains 

total THC of less than 0.35 percent on a dry weight basis, as specified 

in sections (8) of this rule, and the harvest lot was sampled and tested 

in compliance with these rules, the harvest lot passes testing required 

by these rules. Beginning on January 1, 2022, a sample passes 

testing when the application of the measurement of uncertainty to the 

amount of total THC of the sample calculated in accordance with OAR 

333-064-0100(4) reported by a laboratory produces a distribution or 

range that includes 0.3 percent or less on a dry weight basis and the 

harvest lot was sampled and tested in compliance with these rules. 

9. The Laboratory shall report all test results electronically to the 

Department at HempTestReports@oda.state.or.us using the forms 

provided or approved by the Department, and include for each sample 

tested: 

a. Grower’s name and license number; 

b. Sample date; 

c. Sample size by weight; 

d. Testing date; 

e. Total THC percentage to exactly two significant figures calculated in 

accordance with OAR 333-064-0100(4) and whether the sample 

passed testing; 

f. The Laboratory’s uncertainty level for THC testing of cannabis; 

g. The harvest lot identifier that corresponds to the sample and the 

location of the corresponding harvest lot; 

h. Copy of grower’s sampling request form corresponding to the harvest 

lot; 

i. Copy of the completed sampling form corresponding to the 

harvest lot; and 

j. Signature of the laboratory analyst. 

10. The Laboratory shall send any failed test report electronically to the 

Department at HempTestReports@oda.state.or.us using the forms 

provided or approved by the Department within 24 hours of the failed 

test. 

11. The Laboratory shall send completed copies of the Sampling and 

Request Form and the On-Site Sampling Form corresponding to the 

Harvest Lot with each test report. 

12. The laboratory shall report all test results, except for interim mid-season 

testing conducted for monitoring THC content during the growth cycle 

and not for pre-harvest testing, to the United States Department of 

Agriculture. The test results report must contain the following 

information: 

a. Grower’s license number; 

b. Grower’s name; 

c. Business address of the grower; 

d. Harvest lot identifier 

e. Name of the laboratory and beginning January 1, 2023, the DEA 

registration number of the laboratory; 

f. Date of the test and report; 

Oregon Department of Agriculture Phone: (503) 986-4652 Email: hemp@oda.state.or.us Web site: https://oda.direct/hemp 

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g. Whether it is a retest; 

h. Test result including whether the lot passed testing. 

Oregon Department of Agriculture Phone: (503) 986-4652 Email: hemp@oda.state.or.us Web site: https://oda.direct/hemp 

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