603-048-1500 Retail Sale Requirements; Restrictions (1) For the purposes of this rule, “consumer” means a person who purchases, acquires, owns, holds or uses an industrial hemp commodity or products other than for the purpose of resale. (2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless: (a) If it is a hemp item, the hemp item has been tested in accordance with ORS 571.330 and OAR 603-048-2300 to 603-048-2500; (b) If the hemp commodity or product is intended for human consumption by ingestion, the hemp commodity or product was processed in a facility licensed by the State Department under ORS 616.695 to 616.755 or in a facility in another state or jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755; (c) The person obtains and maintains documentation of the results of any testing required under these rules; (d) If the industrial hemp commodity or product is sold to a person under 21 years of age or any representations are made to the consumer about the concentration of delta-8-tetrahydrocannabinol, the results of the testing required under this subsection demonstrate the concentration of delta-8-tetrahydrocannabinol; (e) The industrial hemp commodity or product does not contain more than 0.3 percent tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under federal law, whichever is greater; and (f) The industrial hemp commodity or product does not exceed the concentration of adult use cannabinoids as defined in OAR 845-026-0100 and established in OAR 845-026-0300 and OAR 845-026-0400. (3)(a) The testing required under this rule may be conducted only by: (A) A laboratory licensed by the Commission under ORS 475C.548 and accredited by the authority under ORS 475C.560; or (B) If the industrial hemp commodity or product was processed outside of this state, a laboratory accredited to the same or more stringent standards as a laboratory described in paragraph (A) of this subsection. (b) A laboratory is considered accredited to the same or more stringent standards as a laboratory described in paragraph (a)(A) of this subsection if the laboratory is accredited under TNI Standards to perform analyses on environmental samples for the matrices implicated for the testing conducted, including but not limited to pesticides, cannabinoids, potency, mycotoxins, microbiology, residual solvents, and heavy metals. (4) A person may not sell or deliver an adult use cannabis item as defined by OAR 845-026-0100 and OAR 845-026-0300 to a person under 21 years of age. (5) Restriction on industrial hemp product sales: A person 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 as defined in ORS 475C.257. (6) Compliance with these rules does not protect a person from possible criminal prosecution under federal law or other sanctions by federal entities. (7) Each unit of sale of hemp item or lot of industrial hemp for human consumption sold, transferred, or delivered in violation of these rules is a separate violation. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 571.300-571.348 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023 DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022 DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 DOA 12-2021, minor correction filed 04/07/2021, effective 04/07/2021 DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018