justicedao/ipfs_state_laws huggingface dataset:
845-025-7110 Cannabinoid Tincture and Capsule Labeling Requirements Prior to a cannabinoid tincture or capsule being sold or transferred to a consumer, patient, or designated primary caregiver the container holding the tincture or capsule must have a label that has the following information: (1) Processor’s business or trade name, place of address and license number; (2) Business or trade name and place of address of licensee that packaged the product, if different from the processor; (3) Product identity; (4) UID number; (5) Date the product was made; (6) Net weight or volume in U.S. customary and metric units; (7) Serving size and number of servings per container; (8) Amount, in milligrams, of THC and CBD in each serving and in the container; (9) List of all ingredients in descending order of predominance by weight or volume used to process the product; (10) Name of the lab that performed any test and any test analysis date; (11) Universal symbol; (12) Activation time expressed in words or through a pictogram; (13) A statement that reads: “This product is not approved by the FDA to treat, cure, or prevent any disease”; (14) For cannabinoid tinctures and capsules for sale to a consumer, warnings that state: (a) “For use only by adults 21 and older. Keep out of reach of children.” (b) “Do not drive a motor vehicle while under the influence of marijuana.” (c) “BE CAUTIOUS” in bold, capital letters, followed by “Cannabinoid products can take up to 2 hours or more to take effect.” (15) For medical grade cannabinoid tinctures and capsules for use by a patient, the medical grade symbol and medical warnings that state: (a) “For use by OMMP patients only. Keep out of reach of children.” (b) “Do not drive a motor vehicle while under the influence of marijuana.” (c) “BE CAUTIOUS” in bold, capital letters, followed by “Cannabinoid products can take up to 2 hours or more to take effect.” Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 153-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7130 Labeling Requirements for Medical Registrants Registered with the Oregon Health Authority A person registered with the Authority as a grower, processing site, or dispensary must label a marijuana item for ultimate sale to a patient or caregiver as outlined in 845-025-7000 to 845-025-7120, with the following exceptions: (1) The label must contain the registrant number instead of the OLCC license number; and (2) The label must contain the medical warning, “For use by OMMP patients only,” in place of the consumer warning, “For use only by adults 21 and older”. (3) The label must contain the name of the lab that performed any test, any associated test batch number and any test analysis date for the final product. Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 155-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7140 Labeling Requirements for Hemp Items (1) A licensee or Commission-certified hemp handler processing or selling hemp items may only possess and offer for sale hemp items that are labeled and packaged for ultimate sale to a consumer as outlined in OAR 845-025-7000 to 845-025-7120 and 845-025-7145 with the following exceptions: (a) The principal display panel must contain the hemp symbol instead of the universal symbol; (b) The label shall contain the following warning in place of the warnings required on items for sale to a consumer described in OAR 845-025-7070 to 845-025-7120, “This product is derived from hemp and could contain THC. Keep out of reach of children.” (c) If the item is a hemp extract, concentrate, topical, or a hemp product other than an edible, tincture, or capsule, the label shall contain the warning, “DO NOT EAT” in bold, capital letters. (2) Except as described in section (1) of this rule: (a) Usable hemp must be labeled as outlined in OAR 845-025-7070. (b) A hemp topical must be labeled as outlined in OAR 845-025-7080. (c) A hemp edible must be labeled as outlined in OAR 845-025-7090. (d) A hemp concentrate or extract must be labeled as outline in OAR 845-025-7100. (e) A hemp tincture or hemp capsule must be labeled as outlined in OAR 845-025-7110. (f) A hemp cannabinoid product other than a hemp edible, hemp topical, hemp tincture, or hemp capsule must be labeled as outlined in OAR 845-025-7120. Statutory/Other Authority: ORS 475C.604 & 571.337 Statutes/Other Implemented: ORS 475C.604 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 156-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7145 Artificially Derived Cannabinoid Labeling On or after July 1, 2022, a label for a marijuana or hemp item that contains an artificially derived cannabinoid allowed by OAR 845-025-1310 must comply with the following requirements: (1) In addition to the requirements of OAR 845-025-7000 through 845-025-7190, the product identity must clearly identify that the product contains an artificially derived cannabinoid and must include the words “artificially derived cannabinoid.” (2) If these rules require the label for the marijuana or hemp item to list the ingredients, the ingredient listing must identify any artificially derived cannabinoid by its full name and use the words “artificially derived” in the description of the specific ingredient. Statutory/Other Authority: ORS 475C.604, 475C.233 & 475C.237 Statutes/Other Implemented: ORS 475C.604 & 475C.600 History: OLCC 157-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-025-7150 Wholesaler and Retailer Packaging and Labeling Compliance Requirements (1) If a wholesaler or a retailer receives a marijuana item or hemp item that is not packaged or labeled in accordance with OAR 845-025-7000 to 845-025-7190, the wholesaler or retailer must immediately notify the Commission and either: (a) Return the marijuana item or hemp item to the licensee who transferred the item or product to the wholesaler or retailer; or (b) Correct the label by adding only the label components required to make the label compliant. If the problem cannot be corrected by adding a sticker with the required information, the item or product must be returned to the licensee who transferred it to the wholesaler or retailer. (2) If a wholesaler or retailer returns a marijuana item or hemp item to the licensee who transferred the item or product, the wholesaler or retailer must document the return and the reason for the return in CTS. Statutory/Other Authority: ORS 475C.612 & 571.337 Statutes/Other Implemented: ORS 475C.612, ORS 475C.093 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 158-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7170 Packaging and 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 a marijuana item or hemp item for ultimate sale to a consumer to another licensee that is not packaged or labeled in accordance with these rules. (c) Failure to receive package and label approval prior to transferring, selling, or offering for sale a marijuana item or hemp item that is for ultimate sale to a consumer. (d) Transferring, selling, or offering for sale a marijuana item or hemp item that has not received package or label approval. (e) Selling or offering to sell a marijuana item or hemp item under a different label or package than what was approved. (f) Selling a marijuana item or hemp item in a package that is not resealable and continually child-resistant as required by these rules. (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 845-025-7000 to 845-025-7190 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 845-025-7030(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 845-025-7030(2) in which a label contains any untruthful or misleading content 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, 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 that are charged concurrently in a single notice. (E) If a licensee has within the previous two years been assessed a civil penalty for any packaging or labeling violation, 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. Statutory/Other Authority: ORS 475C.604, 475C.608, 475C.612, 475C.616, 475C.636, 475C.644 & 571.337 Statutes/Other Implemented: ORS 475C.604, 475C.644 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 160-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7180 Approval Withdrawal (1) The licensee, registrant, or Commission-certified hemp handler is responsible for ensuring that all packages and labels are compliant with OAR 845-025-7000 to 845-025-7190. The Commission may find a package or label violates these rules even if the package or label has received previous approval. (2) After a package or label application has been approved, if the package or label is found to fall below the minimum standards described in these rules, the Commission may withdraw its label or package approval. The Commission will notify the licensee, registrant, or Commission-certified hemp handler of the withdrawal of approval and provide the licensee, registrant, or Commission-certified hemp handler with the deficiencies that provide the basis for the withdrawal. The licensee, registrant, or Commission-certified hemp handler will have 30 days after notification is sent by the Commission to correct the deficiencies. If the deficiencies identified by the Commission are not corrected within 30 days, the application may be denied. If the Commission denies a label or package application, the licensee, registrant, or Commission-certified hemp handler has the right to a hearing under the procedures in ORS chapter 183; OAR chapter 137, division 3; and OAR chapter 845, division 3. (3) With Commission approval, the licensee, registrant, or Commission-certified hemp handler may sell down any package or label inventory purchased during the time the application was approved. Statutory/Other Authority: ORS 475C.604, 475C.612 & 571.337 Statutes/Other Implemented: ORS 475C.604, 475C.612, 475C.608, 475C.616 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 161-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7190 Effective Date (1) These rules become effective on August 15, 2018. On and after August 15, 2018, all package and label applications received by the Commission will be reviewed and evaluated under these rules. (2) All marijuana items and hemp items packaged or transferred for sale to a consumer on or after April 1, 2019 must be labeled and packaged according to these rules. (3) On and after January 1, 2020, marijuana items and hemp items with labels approved prior to August 15, 2018, can no longer be sold, offered for sale, or transferred to a consumer, patient, or designated primary caregiver. (4) For inhalable cannabinoid products that contain a non-cannabis additive and are processed or manufactured on or after April 1, 2021, all labels must be pre-approved by the Commission in accordance with these rules. (a) An inhalable cannabinoid product with a label approved by the Commission prior to April 1, 2021, that contains a non-cannabis additive and that does not meet the requirements of OAR 845-025-3265 or 845-025-7120 may not be possessed, sold, delivered, transferred, transported, purchased, or received on or after July 1, 2021. (b) An inhalable cannabinoid product that contains a non-cannabis additive that is manufactured prior to April 1, 2021 may be possessed, sold, delivered, transferred, transported, purchased, or received prior to July 1, 2021. (5) A marijuana item or hemp item that contains an artificially derived cannabinoid allowed by OAR 845-025-1310 and is sold or transferred on or after July 1, 2022, must have a label that has been pre-approved by the Commission in accordance with these rules. Statutory/Other Authority: ORS 475C.237, ORS 475C.604, 475C.612, 475C.608, 475C.616 & 571.337 Statutes/Other Implemented: ORS 475C.604 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 162-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 24-2020, amend filed 12/21/2020, effective 12/22/2020 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7540 Seed-To-Sale Tracking — CTS User Requirements (1) A licensee and any designated CTS administrator or user shall enter data into CTS that fully and transparently accounts for all inventory tracking activities. (2) A licensee is responsible for the accuracy of all information entered into CTS. (3) An individual entering data into the CTS system may only use that individual’s CTS account. Each CTS administrator and CTS user must have a unique log-on and password, which may not be used by any other person. (4) A violation of this rule is a Category III violation. Intentional misrepresentation of data entered into the CTS system is a Category II violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097 & 475C.548 Statutes/Other Implemented: ORS 475C.177 History: OLCC 165-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-7560 Seed-To-Sale Tracking — System Notifications A licensee must: (1) Monitor all compliance notifications from CTS and resolve the issues detailed in the compliance notification in a timely fashion. A licensee may not dismiss a compliance notification in CTS until the licensee resolves the compliance issues detailed in the notification. (2) Take appropriate action in response to informational notifications received through CTS, including but not limited to notifications related to UID billing, enforcement alerts, and other pertinent information. (3) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097, 475C.548 & ORS 475C.177 Statutes/Other Implemented: ORS 475C.177 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 166-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-7575 Seed-To-Sale Tracking - Processing (1) For purposes of this section, “SOP” means the standard policy or procedure required by OAR 845-025-3230. (2) On and after April 15, 2023, for each process lot, all licensees and medical marijuana processing sites must utilize “Processing Jobs” in CTS to record: (a) The unique process lot number or name; (b) The UID and quantity of all cannabis material being used for the lot; (c) The UID and quantity of all outputs of the lot; (d) The date that processing of the lot is completed; and (e) The quantity of waste generated from the source cannabis material during processing. (A) For methods that are an extraction of cannabinoids as described in paragraph (3)(b)(A) of this rule, the waste weight should be calculated as the difference between the weight of the source cannabis material and the weight of any cannabinoid concentrates or extracts created during the processing job. (B) For methods that are an incorporation of cannabinoids as described in paragraph (3)(b)(B) of this rule, the waste weight should be determined by directly weighing any portion of the source cannabis material being disposed of as waste. (3) Each process lot must be associated with a job type in CTS that contains: (a) The unique name of the SOP or SOPs being utilized. (b) Whether the processing method or methods are: (A) An extraction of cannabinoids, resulting in outputs less than the total weight of the source material; or (B) An incorporation of cannabinoids, resulting in outputs that are equal to or exceed the total weight of the source material. (c) Whether the processing method or methods include any of the following processes or results in any of the following outputs: (A) Processes that result in effective sterilization. (B) Processes that use hydrocarbon solvents. (C) Processes that are purely mechanical and do not include the use of solvents. (D) Outputs that are intended for oral consumption or intended to be used as an ingredient in a product intended for oral consumption. (E) Outputs that contain any major food allergen, as that term is defined in OAR 845-025-7000. Statutory/Other Authority: ORS 475C.017 & 475C.177 Statutes/Other Implemented: ORS 475C.085 & 475C.177 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023
845-025-7590 Seed-To-Sale Tracking — Inventory Audits The Commission may perform a physical audit of the inventory of any licensee at the agency’s discretion. Variances between the physical audit and the inventory reflected in CTS at the time of the audit, which cannot be attributed to normal moisture variation in usable marijuana, are violations. The Commission may impose a civil penalty, suspend, or revoke a licensee for violation of this section. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.205 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 169-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-7725 Transfer of Marijuana Items Between State and Tribal Licensees (1) For the purposes of this rule, “tribal licensee” means an entity licensed or approved to produce, process, or wholesale marijuana items by the governing body of a federally recognized Indian tribe located in this state that has entered into an agreement with the Governor pursuant to ORS 475C.521. (2) Notwithstanding any provision in these rules relating to transfers of marijuana items: (a) A producer, processor, wholesaler, or retailer may: (A) Receive marijuana items from a tribal licensee; and (B) Transfer marijuana items to a tribal licensee that the producer, processor, wholesaler, or retailer has the privilege to transfer to licensees; and (b) A laboratory licensee may engage in sampling and testing of marijuana items produced or processed by the tribal licensee. (3) Transfers of marijuana items must comply with applicable provisions of these rules. Statutory/Other Authority: ORS 475C.017 & ORS 475C.521 Statutes/Other Implemented: ORS 475C.521 History: OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023 OLCC 197-2022, temporary adopt filed 09/22/2022, effective 09/23/2022 through 12/31/2022
845-025-7750 Waste Management (1) A licensee must: (a) Store, manage and dispose of solid and liquid wastes generated during marijuana production and processing in accordance with applicable state and local laws and regulations which may include but are not limited to: (A) Solid waste requirements in ORS 459 and OAR chapter 340, divisions 93 to 96; (B) Hazardous waste requirements in ORS 466 and OAR chapter 340, divisions 100 to 106; and (C) Wastewater requirements in ORS 468B and OAR chapter 340, divisions 41 to 42, 44 to 45, 53, 55, and 73. (b) Store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee. (c) If a licensee generates the waste post-harvest or if an entire marijuana plant greater than 24 inches tall is designated as waste: (A) The waste must be held on the licensed premises for at least three business days under camera coverage prior to disposal. (B) The licensee must document a reason for the waste in a form and manner prescribed by the Commission. (C) The licensee must document the exact time and method of destruction in a form and manner prescribed by the Commission. (d) For waste that was previously designated a marijuana item, all licensees must: (A) Hold on the licensed premises for at least three business days under camera coverage prior to disposal; (B) Document a reason for the waste in a form and manner prescribed by the Commission; and (C) Document the exact time and method of destruction in a form and manner prescribed by the Commission. (2) A licensee may give or sell marijuana waste to a producer, processor, or wholesale licensee or research certificate holder. Any such transaction must be entered into CTS pursuant to OAR 845-025-7500. (3) In addition to information required to be entered into CTS pursuant to OAR 845-025-7500, a licensee must maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of marijuana. (4) Waste items consisting of usable marijuana, concentrates, extracts, or cannabinoid products must be disposed of on the licensed premises or transferred to another licensee for disposal. (5) Any product containing marijuana or hemp waste may not be transferred or sold to any licensee for consumption. (6) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.117 & 475C.117 Statutes/Other Implemented: 475C.117, ORS 475C.065, 475C.085, 475C.093, 475C.097 & 475C.117 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 171-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16