justicedao/ipfs_state_laws huggingface dataset:
603-048-2500 Quality Control and Research and Development Testing (1) A person may request that a laboratory conduct testing for the purpose of assuring quality control or for research and development, except as provided in section (3) of this rule. (2) A person must ensure that relevant information regarding the licensee or manufacturer of the item is provided to the laboratory conducting the test in accordance with OAR 603-048-2315. (3) A person may not request that a laboratory conduct pesticide testing on industrial hemp or hemp items for the purpose of quality control, research and development, or any purpose other than compliance testing. A pesticide test on industrial hemp or hemp items is considered by the Department to be a compliance test. Test results may be used by the Department, including the Department’s Pesticide Program, for enforcement of state pesticide laws and rules. (4) A person that submits industrial hemp or hemp items for quality control or research and development testing is not subject to OAR 603-048-2320 to 603-048-2470. (5) A laboratory result from a quality control or research and development test cannot be used as a compliance test result and industrial hemp or a hemp item that has only undergone a quality control or research and development test may not be transferred, sold, or attempted to be sold or transferred unless the hemp item has also passed required compliance testing. (6) Licensees must maintain and retain all quality control and research and development test results for at least two years and provide copies of such results upon request to the Department. Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.330 & 571.339 Statutes/Other Implemented: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.330 & 571.339 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 52-2023, minor correction filed 12/14/2023, effective 12/14/2023 DOA 34-2023, minor correction filed 08/30/2023, effective 08/30/2023 DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022 DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022 DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022 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 14-2018, adopt filed 04/03/2018, effective 04/03/2018
603-048-3220 General Handler Requirements (1) A handler must: (a) Beginning January 1, 2026, register hemp items in accordance with OAR 845-026-6100 and comply with OAR 845-026-6100 through 845-026-6120. (b) Use equipment, counters, and surfaces for processing that are food-grade and do not react adversely with any solvent being used. (c) Have counters and surface areas that are constructed in a manner that reduce the potential for development of microbials, molds, and fungi and that can be easily cleaned. (d) Maintain the licensed facility in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes. (2) A handler may not process, possess, transfer or sell a hemp item that contains Dimethyl Sulfoxide (DMSO). (3) A handler may not treat or otherwise adulterate a cannabinoid product, concentrate, or extract with any additive or substance that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives or substances include but are not limited to nicotine, caffeine, polyethylene glycol, or any chemicals that increase carcinogenicity or cardiac effects. (4) A handler must ensure every process lot of a finished cannabinoid concentrate or extract or finished cannabinoid product, as those terms are defined in OAR 333-007-0310, is uniform in potency, texture, and weight per unit of sale. Statutory/Other Authority: ORS 561.190, 571.263 & 571.281(9) Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026
603-048-3230 Handler Policies and Procedures A handler must create, maintain, and follow written, detailed standard policies and procedures that include but are not limited to: (1) Instructions for making each hemp cannabinoid concentrate, extract, or product. (2) The ingredients and the amount of each ingredient for each process lot; (3) The process for making each product; (4) The number of servings in a process lot; (5) The intended cannabinoid concentration per serving and in a unit of sale of the product; (6) The process for making each process lot homogeneous; (7) If processing a hemp concentrate or extract: (a) Conducting necessary safety checks prior to commencing processing; (b) Purging any solvent or other unwanted components from a hemp concentrate or extract; (8) Procedures for cleaning all equipment, counters, and surfaces thoroughly; (9) Procedures for preventing growth of pathogenic organisms and toxin formation; (10) Proper handling and storage of any solvent, gas, or other chemical used in processing or on the licensed premises in accordance with material safety data sheets and any other applicable laws; (11) Proper disposal of any waste produced during processing in accordance with all applicable local, state and federal laws, rules, and regulations; (12) Quality control procedures designed to maximize safety and minimize potential product contamination; (13) Appropriate use of any necessary safety or sanitary equipment; and (14) Emergency procedures to be followed in case of a fire, chemical spill, or other emergency. (15) Violations. A first-time violation of this rule is a Class III violation. Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9) Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026
603-048-3240 Handler Training Requirements (1) A handler must have documented a comprehensive training program that includes, at a minimum, the following topics: (a) The standard operating policies and procedures; (b) The hazards presented by all solvents or other chemicals used in processing and on the licensed premises as described in the material safety data sheet for each solvent or chemical; and (c) Applicable Department statutes and rules. (2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in processing must be trained in accordance with the handler’s training program. Documentation of applicable training provided, including training date(s) and material covered, must be maintained by the license for all employees for three (3) years after their employment. (3) Violations. A first-time violation of this rule is a Class III violation. Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9) Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026
603-048-3250 Handler Requirements for Hemp Edible Endorsement (1) A hemp edible handler or a handler which makes a hemp concentrate or extract that will be used in an edible may only process in a food establishment licensed by the Department and must comply with the applicable provisions of OAR chapter 603, divisions 21, 24, 25, and 28. (2) A hemp handler must keep all cannabinoid-containing products and finished hemp items clearly separated from non-cannabinoid items. (3) A hemp edible handler may not: (a) Engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant, single-event temporary restaurant as defined in ORS 624. (b) Use a hemp concentrate or extract to process food unless that concentrate or extract was processed by a licensee in a food establishment licensed by the Department in compliance with the applicable provisions of OAR chapter 603, divisions 21, 24, 25, and 28. (4) Violations. A violation of section (1) of this rule is a Class I violation. All other first-time violations of rule are Class III violations. Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9) Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026
603-048-3280 Hemp Topical Handler (1) A handler with a hemp topical endorsement may not process in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant as defined in ORS 624. (2) Violations. A violation of this rule is a Class II violation. Statutory/Other Authority: ORS 561.191, 571.263, 571.005, 571.336 & 571.263 Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026
603-048-8011 Presumptive Marijuana (1) For the purposes of this Division, unless the context provides otherwise or section (2) of this rule provides an alternative definition, the definitions in OAR 603-048-0010 apply. (2) In addition to the definitions in section (1) of this rule, the following definitions apply: (a) "Applicant" means a person, joint venture, or cooperative who has submitted an application for a grower license to the Department. (b) "Good cause" includes, but is not limited to, when an action, delay, or failure to act arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party or agency relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party or agency participating in the proceeding. (c) "OAH" means the Office of Administrative Hearings. (d) "Pre-harvest testing" means sampling and testing of growing cannabis by a laboratory or the Department conducted in accordance with OAR 603-048-0600. (e) "Presumptive test" means testing conducted in accordance with OAR 845-026-4110. (f) "Licensee" means a person, joint venture or cooperative that produces industrial hemp and is licensed with the Department as a grower under ORS 571.281. (3) In the Department's discretion, the Department or its designee may inspect and sample cannabis grown at a licensed or proposed grow site or grown pursuant to a grower's license to conduct presumptive testing as described in OAR 845-026-4110. (4) A licensed grower or applicant must permit Department staff, or its designee, to inspect and access all parts of the grow site or proposed grow site, equipment, facilities, and any area where cannabis is grown pursuant to the license and cooperate with such an inspection in accordance with OAR 603-048-0650(3). (5) Sampling for a presumptive test shall be conducted in accordance with OAR 845-026-4110. (6) The Department may detain, seize, or embargo all cannabis at a grow site if any sampling at the grow site conducted pursuant to OAR 845-026-4110 contains total THC of 0.35 percent or more. Any such action shall be conducted in accordance with OAR 603-048-0900. (7) Except for as specifically identified in OAR 603-048-8011 to 8041, the provisions of OAR 603-048-0010 to 603-048-2500 do not apply to OAR 603-048-8011 to 8041. (8) OAR 603-048-8011 to 603-048-8041 apply to sampling and testing conducted for purposes of presumptive testing that occurred on or after July 15, 2024. Statutory/Other Authority: ORS 561.190, 571.260-571.348 & OL 2024, Chap. 16 Statutes/Other Implemented: 571.260-571.348 & OL 2024, Chap. 16 History: DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024 DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025
603-048-8041 Compliance with Detainment, Seizure, Embargo, Disposal Notice or Order (1) A person subject to a detainment, seizure, embargo, or disposal notice or order based on a determination that the cannabis is presumptive marijuana must ensure that the cannabis subject to the action are not removed from the location identified in the notice of the action or subject to any harvesting, processing, or manufacturing processes without written permission from the Department. (a) A person subject to a detainment, seizure, embargo or disposal notice or order shall take all reasonable steps to prevent theft or removal of the cannabis from the location identified in the notice of the action. (b) A person subject to a detainment, seizure, embargo, or disposal notice or order is strictly liable for any violation of the notice or order, including removal of the cannabis from the location identified in the notice without permission or direction from the person subject to the action. (c) A person subject to a detainment, seizure, embargo, or disposal notice or order may submit a written request to harvest, move, or take other action to preserve the cannabis pending a legal 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. (2) The Department shall revoke a person's hemp grower license or deny the person's hemp grower application for a license if the person fails to comply with section (1) of this rule, including but not limited to if the cannabis subject to detainment, seizure, embargo, or disposal notice or order is removed from the location identified in the notice or order without prior written permission from the Department. Statutory/Other Authority: ORS 561.190, 561.605-561.620, 571.260-571.348 & OL 2024, Chap. 16 Statutes/Other Implemented: OL 2024, Chap. 16 & ORS 571.263 History: DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024 DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025
603-050-0200 Declaration of Policy Providing and maintaining a voluntary program for the identification and standards relating to controlled atmosphere storage of produce are functions of state government, the responsibilities of which are vested in the Department in keeping with ORS 632.460 and 632.905. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: AD 19-1977, f. & ef. 10-5-77
603-050-0205 Definitions As used in OAR 603-050-0200 to 603-050-0230, unless the context requires otherwise: (1) “Certification” means the issuance of a certificate by the Department bearing official identification and verifying that the provisions of OAR 603-050-0210 to 603-050-0225 have been met as to any particular quantity or lot of apples or pears. (2) “Controlled Atmosphere Storage” means any produce storage establishment, or one or more rooms therein, in which the atmospheric gases are controlled in their amount or in degrees of temperature for the purpose of controlling the condition and maturity of fresh apples or pears. (3) “Official Identification” means the tag or label prescribed by the Department for an operator of a controlled atmosphere storage, which contains the number assigned to such operator preceded by the letters “CA,” and which may be affixed to a particular quantity or lot of apples or pears. Such tag or label shall conform to the size requirements set forth in subsection (3) of ORS 632.450. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: AD 19-1977, f. & ef. 10-5-77
603-050-0210 General Requirements and Standards for Controlled Atmosphere Storage (1) Any person desiring to operate a controlled atmosphere storage shall submit an application therefore to the Department on forms provided by the Department, and containing such information as the Department may prescribe, on or before August 31. The Department shall cause an inspection to be made of the facilities proposed to be utilized for controlled atmosphere storage of apples or pears and, if the application and facilities are approved, shall register and assign to the operator an official identification number which may be validly used for one year thereafter. An operator of an approved controlled atmosphere storage facility may thereafter apply on or before August 31 of subsequent years for annual renewals of the use of such official identification number. (2) Immediately after sealing a controlled atmosphere storage, the operator thereof shall submit a report on forms prescribed by the Department setting forth: (a) The date of sealing the storage; (b) The quantity of loose fruit by variety; and (c) The quantity of packed fruit by variety. (3) The operator of a controlled atmosphere storage shall keep daily records of temperature, and of air components as to percentages of carbon dioxide and oxygen, determined from readings taken at least once each day. Such records shall be subject to examination and audit by the Department. (4) Prior to opening a controlled atmosphere storage, the operator thereof shall notify the Department of his intention to do so, and if so directed by the Department, shall await opening until the Department’s representative is present. (5) In keeping with ORS 632.475 and 632.970, the official identification shall only be affixed on containers of any quantity or lot of apples or pears after departmental inspection and certification. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: AD 19-1977, f. & ef. 10-5-77
603-050-0215 Special Requirements and Standards for Apples (1) In order to obtain certification and allow for the use of official identification, all apple varieties shall: (a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to not more than five percent within 20 days after sealing; (b) Be retained in such controlled atmosphere storage for a period of not less than 60 days; except Gala and Jonagold varieties which shall be retained in such controlled atmosphere storage for a period of not less than 45 days; and (c) Meet the Condition Standards for Export established by the U.S. Department of Agriculture as set forth in 7 CFR Section 51.323. (2) In addition to the conditions set forth in section (1) of this rule, standard and Delicious apple varieties shall be placed in the controlled atmosphere storage on or before December 15 of the registration year. (3) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in sections (1) and (2) of this rule. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: DOA 19-1999, f. & cert. ef. 8-27-99 AD 10-1995, f. & cert. ef. 6-14-95 AD 19-1977, f. & ef. 10-5-77
603-050-0220 Special Requirements and Standards for Bartlett, Bosc and Comice Pears (1) In order to obtain certification and allow for the use of official identification, Bartlett, Bosc and Comice pears shall: (a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to five percent or less within 20 days after sealing; (b) Be retained in such controlled atmosphere storage for a period of 45 days or more; and (c) Meet the maturity standard of generally firm and meet the condition standard that there is not more than 2% decay or breakdown. (2) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in subsection (1) of this rule. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: DOA 24-1999, f. & cert. ef. 11-29-99 AD 10-1995, f. & cert. ef. 6-14-95 AD 19-1977, f. & ef. 10-5-77
603-050-0225 Special Requirements and Standards for Other Varieties of Pears (1) In order to obtain certification and allow for the use of official identification, other varieties of pears shall: (a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to five percent or less within 20 days after sealing; (b) Be retained in such controlled atmosphere storage for a period of 60 days or more; and (c) Meet the maturity standard that not more than five percent are further advanced in maturity than firm and meet the condition standards that there are not more than two percent decay, not more than 2% scald, and not more than an average total of 5% for all condition factors including corkspot; and (d) If preconditioned, be subjected to the storage conditions referred to in subsection (a) and (b) of this section prior to such preconditioning. (2) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in subsection (1) of this rule. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: DOA 25-1999, f. & cert. ef. 11-29-99 AD 19-1977, f. & ef. 10-5-77
603-050-0230 Penalties Upon a determination that a person has willfully violated any of the provisions of OAR 603-050-0210 to 603-050-0225, the Department may suspend, revoke, or refuse to nenew the registration of the official identification number assigned under OAR 603-050-0210(1). Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.460 & 632.905 History: AD 19-1977, f. & ef. 10-5-77
603-050-0300 Labeling of Onions and Potatoes, “Brand Name” of Grower or Packer (1) Any person, grower, or packer as required by ORS 632.226(1) or 632.321(2), in labeling container of onions or potatoes, may use his brand name in lieu of or in place of his name and address only after: (a) He has registered his brand with the Department and the Secretary of State and has included in such registration his name and address, a complete description or exact facsimile of the brand, and information as to whether the brand will be used on onion containers, potato containers, or both; and (b) The brand as used on containers is of sufficient size and type to be conspicuous and easily readable. (2) If the brand is registered in the prescribed manner, until it has been canceled by the first grower or first packer, it shall be used only by him and shall be his exclusive property. (3) Only the commodity or commodities identified in the registration shall be placed in the containers which are labeled with the brand approved and authorized by the Department. Statutory/Other Authority: ORS 632 Statutes/Other Implemented: ORS 632.226 & 632.321 History: AD 521-1956, f. 3-14-56, ef. 3-13-56
603-051-0007 Open Container Pack As applied to Oregon grades (OAR 603-051-0005) open container pack may consists of apples meeting the requirements of any of the foregoing grades of combinations thereof or may be packed orchard run, except such fruit shall be fit for human consumption and free from decay, worms, scale, and dangerous insect pests and diseases and shall not be packed with noticeable superior specimens on top. The fruits in this pack shall not be wrapped nor the container lidded or covered, except a cleat may be nailed on each end of said container. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64
603-051-0009 Other Brands and Grades As applied to Oregon grades (OAR 603-051-0005), any person, firm, or organization wishing to pack apples under any other grade or brand than according to the foregoing rules shall file a certified copy of the description of such grade or brand with the Director of Agriculture before the first day of September of the year in which the apples so to be packed are grown. If such grade or brand is approved by the Director of Agriculture, apples may be packed under such grade or brand instead of the official state grading rules and all boxes of apples so packed shall be marked with that grade or brand. When grades or brands are authorized by the Director of Agriculture, apples packed under such grades shall be inspected and certified by the Department of Agriculture. Statutory/Other Authority: ORS 632 & 561 Statutes/Other Implemented: ORS 632.450 - 632.490, 632.900 - 632.980 & 561.190 History: DOA 18-1999, f. & cert. ef. 8-27-99 AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64