justicedao/ipfs_state_laws huggingface dataset:
845-026-6120 Embargo, Seizure and Disposal (1) If the Commission has reasonable cause to believe that any quantity or lot of hemp items that are intended for human consumption or use or animal consumption or use is sold, transferred, or delivered in violation of 2024 Oregon Laws chapter 16, sections 11 or 12 or these rules or is adulterated, the Commission may issue and enforce an order to immediately prohibit the disposal, distribution, or use in any manner of the quantity or lot. The Commission may require destruction of the hemp items in any manner if the violations are not cured. (2) The Commission may issue and enforce an order to immediately seize any quantity or lot of hemp items that are intended for human or animal consumption or use that do not comply with 2024 Oregon Laws chapter 16, sections 11 or 12, or these rules or is adulterated. The Commission may require destruction of the hemp items in any manner if the violations are not cured. (3) An order under section (1) or (2) of this rule shall be served on the person in possession or the owner of the quantity or lot. (4) An order under section (1) of this rule remains in effect until: (a) The violations contained in the order have been cured as determined by the Commission; (b) The hemp items are disposed in the manner provided by the Commission; or (c) As otherwise terminated by the Commission. (5) A person subject to an order prohibiting disposal, distribution, or use: (a) Must ensure that, without written permission from the Commission, the items subject to the order are: (A) Not removed from the location identified in the order; (B) Segregated and labeled as being subject to the order; and (C) Not subject to any processing or manufacturing processes. (b) Must immediately remove from locations readily visible and accessible to the public items subject to the order. (c) Shall take all reasonable steps to prevent theft or removal of the quantity or lot from the location identified in the notice of the action. (d) Is strictly liable for any violation of the order. (e) May submit a written request to move or take other action to preserve quantity or lot pending a contested case or appeal. The person may only take such action upon written permission from the Commission and subject to any requirements or restrictions imposed by the Commission. (6) Notwithstanding OAR 845-026-6110, each unit of sale that does not comply with subsections (5)(a) to (c) of this rule constitutes a separate violation subject to a separate civil penalty. (7) The commission may request that the Office of Administrative Hearings use expedited hearing procedures as described in OAR 137-003-0560(3) for a hearing on a notice or order issued under this section. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12, 2024 OL Ch. 16 Sec. 13, 2024 OL Ch. 16 Sec. 14 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-7010 Industrial Hemp-derived Vapor Item Labeling: Purpose, Scope, and Effective Date (1) The purpose of OAR 846-026-7000 to 845-026-7070 is to set the minimum standards for the labeling of industrial hemp-derived vapor items that are for ultimate sale or transfer to a consumer in Oregon. These minimum standards are applicable to any person manufacturing a hemp-derived vapor item that will be transferred to a person other than a Commission licensee pursuant to ORS 571.336 and 571.337 and includes: (a) A hemp handler that is licensed with the Oregon Department of Agriculture under ORS 571.281 to process industrial hemp into commodities, products, or agricultural hemp seed. (b) Any other person who is responsible for the labeling of an industrial hemp-derived vapor item sold in Oregon. (2) The labeling requirements in these rules do not apply to a hemp vapor item manufacturer transferring a bulk quantity or amount of industrial hemp-derived vapor items to another hemp vapor item manufacturer for labeling. (3) Nothing in these rules prohibits the Commission, the Authority, or the Oregon Department of Agriculture from: (a) Imposing additional labeling requirements in their respective rules governing hemp vapor item manufacturers as long as those additional labeling requirements are not inconsistent with these rules; or (b) Requiring hemp vapor item manufacturers to provide informational material to a consumer at the point of sale. (4) These rules are effective on and after July 1, 2022. Statutory/Other Authority: ORS 475C.604 & 475C.612 Statutes/Other Implemented: ORS 475C.604 & 475C.612 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 17-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-7040 Industrial Hemp-derived Vapor Item Labeling Requirements Prior to an industrial hemp-derived vapor item being sold or transferred to a consumer, the container holding industrial hemp-derived vapor item must have a label that has the following information: (1) The hemp vapor item manufacturer’s business, trade name, or personal name, and, if applicable, Oregon Department of Agriculture license number; (2) Product identity that correctly identifies the item as either an industrial hemp concentrate or extract; (3) On or after July 1, 2023, a lot number or batch number; (4) Date the industrial hemp-derived vapor item was made; (5) Net weight or volume in U.S. customary and metric units; (6) Serving size and number of servings per container; (7) Amount, in milligrams, of THC and CBD in each serving and in the container; (8) Activation time, expressed in words or through a pictogram; (9) Name of the laboratory that performed any test and any test analysis date; (10) Hemp symbol; (11) A statement that reads: “This product is not approved by the FDA to treat, cure, or prevent any disease”; (12) Warnings that state: (a) “This product is derived from hemp and could contain THC. Keep out of reach of children.” (b) “DO NOT EAT” in bold, capital letters. (13) For industrial hemp-derived vapor items that combine industrial hemp extract and concentrate: (a) The product identity must indicate the item has industrial hemp extract and concentrate. (b) List all ingredients in descending order of predominance by weight or volume. (14) For industrial hemp-derived vapor items that contain non-cannabis additives: (a) The product identity must clearly identify that the product contains non-cannabis additives and, in addition to the other requirements of OAR 845-026-7000 to 845-026-7070, must include the words “non-cannabis additive.” (b) In addition to the other ingredients in the industrial hemp-derived vapor item, for each non-cannabis additive used, the ingredient listing must contain the words “non-cannabis additive” in a manner that clearly distinguishes each additive from any other additives. (c) All of the ingredients in the non-cannabis additive: (A) Must be listed either alphabetically or in descending order of predominance by weight or volume; and (B) Must be listed on: (i) The label’s ingredient list as sub-ingredients of the ingredient term “non-cannabis additive”; or (ii) An insert within the product’s container that clearly indicates that the ingredients listed are contained within the industrial hemp-derived vapor item that contain non-cannabis additives. Statutory/Other Authority: ORS 475C.604, 475C.233 & 475C.237 Statutes/Other Implemented: ORS 475C.604 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 19-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-7070 Industrial Hemp-derived Vapor Item Labeling Prohibited Conduct (1) The following conduct is prohibited: (a) Failure to comply with any provision of ORS 475C.600 to 475C.648 or these rules. (b) Transferring, selling, or offering to sell an industrial hemp-derived vapor item for ultimate sale to a consumer to another hemp vapor item manufacturer that is not labeled in accordance with these rules. (c) Failure to receive label approval prior to transferring, selling, or offering for sale an industrial hemp-derived vapor item that is for ultimate sale to a consumer. (d) Transferring, selling, or offering for sale an industrial hemp-derived vapor item that has not received label approval. (e) Selling or offering to sell an industrial hemp-derived vapor item under a different label than what was approved. (2) For each violation of a provision of ORS 475C.600 to 475C.648 or a rule adopted thereunder, the Commission may impose a civil penalty of up to $500 per violation. (a) Each violation of a provision of ORS 475C.600 to 475C.648 or a rule adopted thereunder is a separate violation. (b) Each unit of sale that is in violation of a rule or statute constitutes a separate violation. (c) Civil penalties are assessed as follows: (A) Except as provided in paragraphs (B) to (D) of this subsection, violations of OAR 845-026-7000 to 845-026-7070 will be assessed up to $50 per violation with an overall cap of $10,000 for all violations charged concurrently in a single notice . (B) Violations of OAR 845-026-7030(2) will be assessed up to $250 per violation with an overall cap of $50,000 for all violations charged concurrently in a single notice. (C) Knowing violations of OAR 845-026-7030(2) in which a label is untruthful or misleading will be assessed up to $500 per violation with an overall cap of $100,000 for all violations charged concurrently in a single notice . (D) Notwithstanding paragraphs (A) to (C) of this subsection, any violations that create a present or substantial likelihood of a threat to public health or safety will be assessed up to $500 per violation with an overall cap of $500,000 for all violations charged concurrently in a single notice . (E) If a person has within the previous two years been assessed a civil penalty under this rule, the Commission may assess the maximum of $500 per violation with an overall cap of double the overall cap amounts described in paragraphs (A) to (D) of this subsection for all violations charged concurrently in a single notice . (3) Section (2) of this rule does not apply to a person who is a hemp handler licensed under ORS 571.281. Statutory/Other Authority: ORS 475C.604, 475C.608, 475C.612, 475C.616, 475C.636 & 475C.644 Statutes/Other Implemented: ORS 475C.604 & 475C.644 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 21-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-8570 Uniform Standards for Hemp Minor Decoy Operations (1) Uniform standards for minors used in minor decoy operations: (a) The minor must be under 21 years of age; and (b) The minor may not use false identification; and (c) The minor may not lie to a natural person about their age; and (d) The minor may interact with a website or other digital interface as though they were over 21 years of age, including answering prompts indicating they are 21 years of age or older or entering a date of birth that is different from their true date of birth, but may not present false identification to the website or digital interface. (2) Uniform standards for coordination with law enforcement agencies. The Commission will coordinate with law enforcement agencies to ensure, to the greatest extent possible, that: (a) Law enforcement agencies are informed of the Commission's uniform standards for minor decoy operations; and (b) Law enforcement agencies provide the Commission with copies of their minor decoy policies. (3) In order for the Commission to take appropriate disciplinary action in a timely manner, law enforcement agencies will be encouraged to provide the Commission with the results of any minor decoy operation. (4) Businesses or any employee of a business must immediately return identification presented by the minor decoy upon request of law enforcement or an OLCC representative. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 25-26 Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 25 History: OLCC 12-2024, adopt filed 12/20/2024, effective 01/01/2025
847-001-0000 Notice of Proposed Rule Prior to adoption, amendment or repeal of any permanent rule, the Oregon Medical Board must give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action; (2) To persons on the Oregon Medical Board's list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; and (3) To persons specified in ORS 183.335(15) at least 49 days before the effective date of the rule. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 183.335, 183.341 & 677.275 History: OMB 14-2025, amend filed 10/08/2025, effective 10/08/2025 OMB 12-2012, f. & cert. ef. 4-17-12 OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12 BME 14-2006, f. & cert. ef. 7-25-06 BME 13-2004, f. & cert. ef. 7-13-04 ME 20-1994, f. & cert. ef. 10-26-94 ME 1-1988, f. & cert. ef. 1-29-88
847-001-0007 Agency Representation at Hearings (1) Subject to the approval of the Attorney General, an employee of the Oregon Medical Board is authorized to appear on behalf of the Board in contested case hearings conducted on civil penalties issued by the Board with no other formal disciplinary action proposed against the licensee. (2) The agency representative may not make legal argument on behalf of the Board. (a) "Legal argument" includes arguments on: (A) The jurisdiction of the Board to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the Board in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; (E) The correctness of procedures being followed in the contested case hearing. Stat.s Auth.: ORS 677.265 Statutes/Other Implemented: ORS 183.452 History: OMB 18-2012, f. & cert. ef. 8-3-12 OMB 2-2012, f. & cert. ef. 2-10-12
847-001-0010 Public Attendance Contested case hearings are closed to members of the public. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 183.341 History: Temporary suspended by OMB 12-2012, f. & cert. ef. 4-17-12 OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12 BME 2-2003, f. & cert. ef. 1-27-03 BME 13-2000, f. & cert. ef. 10-30-00
847-001-0022 Confidentiality in the Investigative Process (1) Information pertaining to an ongoing investigation or Board action that has been disclosed to a licensee or applicant by the Board pursuant to ORS 676.175(3) is confidential and may be further disclosed by the licensee or applicant only to the extent necessary to prepare for a contested case hearing related to a Notice of Proposed Disciplinary Action, a Notice of Denial of Licensure or an Order of Emergency Suspension issued against the licensee or applicant. (2) All licensees and applicants under Board investigation or facing Board disciplinary action or license denial, to include consultants for a licensee, an applicant or the Board, have an obligation to protect the confidentiality of information obtained by the Board in an investigation. (3) Violation of this rule is grounds for disciplinary action. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 183.335, 183.341 & 677.275 History: OMB 7-2023, amend filed 04/11/2023, effective 04/11/2023 Temporary suspended by OMB 12-2012, f. & cert. ef. 4-17-12 OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12 OMB 6-2011, f. & cert. ef. 4-25-11
847-001-0024 Compliance with Investigation Process (1) Licensees and applicants must comply with a Board investigation, including truthfully responding to inquiries and providing requested materials within the time allowed and complying with a subpoena. Failure to comply with a Board investigation violates ORS 677.190(17) and is grounds for disciplinary action. (2) Licensees and applicants must comply with the terms of all Board Orders and Agreements, including Corrective Action Agreements and Consent Agreements for Re-entry to Practice. Failure to comply with the terms of a Board Order or Agreement violates ORS 677.190(17) and is grounds for disciplinary action. (3) The board will monitor the National Practitioner Data Bank (NPDB) Continuous Query alert system for two years from the date of an allegation of sexual misconduct. (4) The Executive Director or Medical Director, via his/her signature, has the authority to issue Orders for Evaluation during an investigation. The Executive Director or Medical Director must forward any issued order under this rule to the Board in a timely manner. (5) Orders for Evaluation may not be negotiated and are confidential orders enforceable by the Board. Notwithstanding the confidentiality of an Order for Evaluation, failure to comply with such an Order will be grounds for discipline under ORS 677.190(17). Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.190, 677.205, 677.270 & 677.320 History: OMB 3-2025, amend filed 01/13/2025, effective 01/13/2025 OMB 21-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 10-2021, amend filed 10/13/2021, effective 10/13/2021 OMB 5-2021, amend filed 07/02/2021, effective 07/02/2021 OMB 10-2016, f. & cert. ef. 10-7-16 OMB 1-2014, f. & cert. ef. 1-14-14
847-001-0030 Approval and Termination of Interim Stipulated Orders (1) The Executive Director or Medical Director, via his/her signature, has the authority to grant approval of an Interim Stipulated Order that has been signed by a licensee of the Board. (2) The Executive Director’s or Medical Director’s signature grants approval of the Interim Stipulated Order, which allows the Order to become a public document. As a public document, the Interim Stipulated Order may be released to hospitals, clinics, and other practice locations. (3) The Executive Director or Medical Director, via his/her signature, has the authority to terminate an Interim Stipulated Order: (a) If the licensee has addressed the identified concerns to the satisfaction of the Board and is deemed safe to return to practice; or (b) If the Board has voted to close the case without proceeding toward disciplinary action. (4) The Executive Director or Medical Director must forward Interim Stipulated Orders and Orders Terminating Interim Stipulated Orders to the Board in a timely manner. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 677.275 History: OMB 22-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 9-2020, amend filed 07/15/2020, effective 07/15/2020 OMB 12-2012, f. & cert. ef. 4-17-12 OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12 BME 7-2009, f. & cert. ef. 5-1-09 BME 22-2008, f. & cert. ef. 10-31-08 BME 13-2008(Temp), f. & cert. ef. 5-16-08 thru 10-31-08
847-001-0032 Modification and Termination of Board Orders and Agreements (1) For purposes of Oregon Medical Board actions: (a) “Terminate” or “termination” means the licensee has successfully completed all of the terms of the Order or Agreement or the Order or Agreement is no longer needed. A termination does not vacate, expunge, or otherwise nullify the Order or Agreement. (b) “Modify” or “modification” means the Board has agreed to modify or terminate some of the terms of the Order or Agreement, which remains in effect. (2) Licensees must submit a request in writing to modify or terminate a Board Order or Agreement. (3) To request a modification to a Board Order or Agreement: (a) Licensee must not have made a request to modify or terminate within the previous 12 months, and (b) Licensee must have completed at least one term to the satisfaction of the Board. (4) To request termination of a Board Order or Agreement: (a) Licensee must not have made a request to modify or terminate within the previous 12 months, and (b) Licensee must have completed or complied with all of the terms in the Board Order or Agreement to the satisfaction of the Board. (5) The Executive Director or Medical Director, via his/her signature, has the authority to terminate a Corrective Action Agreement upon licensee’s successful completion of all of the terms in the agreement. (6) The Executive Director or Medical Director must forward an Order Terminating Corrective Action Agreement to the Board in a timely manner. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 History: OMB 2-2023, amend filed 01/11/2023, effective 01/11/2023 OMB 5-2021, amend filed 07/02/2021, effective 07/02/2021 OMB 2-2020, adopt filed 01/16/2020, effective 01/16/2020
847-001-0035 Approval of Suspensions, Reinstatements, and Terminations of Orders by Operation of Law (1) The Executive Director or Medical Director has the authority to issue final orders of license suspension that occur by operation of law and final orders of license reinstatement that occur by operation of law. (2) The Executive Director or Medical Director, upon proper notification under ORS 25.774, has the authority to issue final orders reinstating licenses that were suspended by operation of law pursuant to ORS chapter 25. The licensee may be reinstated to its pre-suspension status if the licensee is otherwise in good standing and has complied with OAR 847-008-0055, if applicable. (3) Orders issued under sections (1) or (2) of this rule are public documents. (4) The Executive Director or Medical Director, upon proper notification or certification under ORS 305.385(4)(c), (d) or (5), has the authority to issue final orders suspending, reinstating, and provisionally reinstating licenses. The licensee may be reinstated to its pre-suspension status if the licensee is otherwise in good standing and has complied with OAR 847-008-0055, if applicable. (5) The Executive Director or Medical Director has authority to issue final orders suspending licenses based on continuing medical education deficiencies, and to issue final orders reinstating licenses based on a licensee coming into compliance with continuing medical education requirements. (6) The Executive Director or Medical Director must forward orders issued under sections (1), (2) or (4) of this rule to the Board in a timely manner. Statutory/Other Authority: ORS 677.265 & 183.411 Statutes/Other Implemented: ORS 25.750, 25.774, 677.190, 677.225, 677.265 & 305.385 History: OMB 3-2023, amend filed 01/11/2023, effective 01/11/2023 OMB 19-2013, f. & cert. ef. 7-12-13
847-001-0040 Approval of Notices of Civil Penalty (1) The Executive Director has the authority to issue Notices of Civil Penalty, which include default final orders, for violations of the Board’s administrative rules. (2) The Executive Director’s signature grants approval of the Notice of Civil Penalty, which becomes a public document. As a public document, the Notice of Civil Penalty may be released to the public. However, the civil penalty is not an adverse action. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.190, 677.205 & 677.265 History: OMB 24-2013, f. & cert. ef. 10-15-13 OMB 12-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14