justicedao/ipfs_state_laws huggingface dataset:
333-007-0300 Cannabis Testing: Purpose (1) The purpose of these rules is to establish the minimum compliance testing standards for marijuana items and industrial hemp-derived vapor items. These rules are applicable to persons who process, sell, or transfer marijuana items or industrial hemp-derived vapor items except as exempted in section (2) of this rule. (2) The testing requirements do not apply to: (a) A grower if the person is transferring usable marijuana or an immature marijuana plant to: (A) A patient who designated the grower to grow marijuana for the patient; or (B) A designated primary caregiver or an organization or facility caregiver of the patient who designated the grower to grow marijuana for the patient; or (b) A designated primary caregiver or an organization or facility caregiver of a patient if the caregiver is transferring a marijuana item to a patient of the designated primary caregiver or organization or facility caregiver. (c) Immature plants or seeds. (3) A person registered with the Authority under ORS 475C.770 to 475C.803 who is subject to these rules may not: (a) Transfer a marijuana item that is not sampled and tested in accordance with these rules; or (b) Accept the transfer of a marijuana item that is not sampled and tested in accordance with these rules. (4) A person licensed by the Commission must comply with these rules at all times. (5) If a registrant, who is exempt from the testing requirements, chooses to have a marijuana item tested for pesticides, the requirements of OAR 333-007-0450 and 333-007-0500 still apply. Statutory/Other Authority: ORS 475C.544 & ORS 475C.540 Statutes/Other Implemented: ORS 475C.544 & ORS 475C.540 History: PH 29-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 89-2020, amend filed 12/30/2020, effective 01/01/2021 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 105-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 33-2016, f. & cert. ef. 11-28-16 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0340 Compliance Testing Requirements for Cannabinoid Products (1) A processor or processing site must test every process lot of a finished cannabinoid product intended for human consumption, use or ingestion for use by a consumer or patient prior to selling or transferring the cannabinoid product for adult use cannabinoid and CBD concentration in accordance with OAR 333-007-0430. (2) A processor or processing site must test a process lot of a finished cannabinoid product intended for human consumption, use or ingestion for microbiological contaminants in accordance with OAR 333-007-0390, upon written request by the Authority or the Commission. (3) In lieu of ordering and arranging for the sampling and testing required in this rule a processor may transport batches of cannabinoid products referenced in section (1) of this rule to a wholesaler licensed by the Commission under ORS 475C.093 and the wholesaler may order and arrange for the sampling and testing of the batches, in accordance with rules established by the Commission. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 30-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0341 Compliance Testing Requirements for Finished Inhalable Cannabinoid Products (1) A processor or processing site must test every process lot of a finished inhalable Cannabinoid product prior to selling or transferring the product for the following: (a) Pesticides in accordance with OAR 333-007-0400. (b) Solvents in accordance with OAR 333-007-0410. (c) Adult use cannabinoid and CBD concentration in accordance with OAR 333-007-0430. (d) Heavy metals in accordance with OAR 333-007-0415 if the finished inhalable cannabinoid product is or was manufactured on or after March 1, 2023. (e) Mycotoxins in accordance with OAR 333-007-0425 finished inhalable cannabinoid product is or was manufactured on or after July 1, 2022. (f) Microbiological contaminants in accordance with OAR 333-007-0390 finished inhalable cannabinoid product is or was manufactured on or after March 1, 2023. (2) In lieu of ordering and arranging for the sampling and testing required in this rule a processor may transport batches of finished inhalable Cannabinoid products to a wholesaler licensed by the Commission under ORS 475C.093 and the wholesaler may order and arrange for the sampling and testing of the batches, in accordance with rules established by the Commission. (3) To the extent that the testing required under this rule is also required under OAR 333-007-0340, a processor or processing site is only required to comply with the testing under this rule. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, adopt filed 03/15/2022, effective 03/31/2022
333-007-0342 Compliance Testing Requirements for Industrial Hemp-Derived Vapor Items (1) Every process lot of an industrial hemp-derived vapor item for use by a consumer or patient prior to selling or transferring the item must be tested for the following: (a) Pesticides in accordance with OAR 333-007-0400. (b) Solvents in accordance with OAR 333-007-0410. (c) Adult use cannabinoid and CBD concentration in accordance with OAR 333-007-0430. (d) Heavy metals in accordance with OAR 333-007-0415 if the industrial hemp-derived vapor item is or was manufactured on or after March 1, 2023. (e) Mycotoxins in accordance with OAR 333-007-0425 if the industrial hemp-derived vapor item is or was manufactured on or after July 1, 2022. (f) Microbiological contaminants in accordance with OAR 333-007-0390 if the industrial hemp-derived vapor item is or was manufactured on or after March 1, 2023. (2) In lieu of ordering and arranging for the sampling and testing required in this rule a processor may transport batches of industrial hemp-derived vapor items that the processor manufactured to a wholesaler licensed by the Commission under ORS 475C.093 and the wholesaler may order and arrange for the sampling and testing of the batches, in accordance with rules established by the Commission. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 95-2021, adopt filed 12/29/2021, effective 01/01/2022
333-007-0370 Sampling Personnel Requirements; Sampling Recordkeeping (1) Only individuals employed by a laboratory with an ORELAP accredited scope item for sampling under these rules may take samples. (2) Sampling may only be conducted at a licensee’s or registrant’s premises or the licensee or registrant may transport the entire batch to a laboratory with an ORELAP accredited scope item for sampling under these rules. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 6-2024, amend filed 03/20/2024, effective 04/01/2024 PH 31-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0380 Grower and Processing Site Requirements for Labeling, Storing, and Securing Pre-Tested Marijuana Items; Recordkeeping (1) Following samples being taken from a harvest or process lot batch a grower or processing site must: (a) Label the batch with the following information: (A) The registrant’s registration number; (B) The harvest or process lot unique identification number; (C) The name and accreditation number of the laboratory that took samples and the name and accreditation number of the laboratory responsible for the testing, if different; (D) The test batch or sample unique identification numbers supplied by the laboratory personnel; (E) The date the samples were taken; and (F) In bold, capital letters, no smaller than 12 point font, "PRODUCT NOT TESTED." (b) Store and secure the batch in a manner that prevents the product from being tampered with or transferred prior to test results being reported. (c) Be able to easily locate a batch stored and secured under section (1)(b) of this rule and provide that location to the Authority or a laboratory upon request. (2) If the samples pass testing the product may be sold or transferred in accordance with the applicable Authority rules. (3) If the samples do not pass testing the grower or processing site must comply with OAR 333-007-0450. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 32-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0390 Standards for Microbiological Contaminants Compliance Testing (1) A marijuana item or industrial hemp-derived vapor item required to be tested for microbiological contaminants under OAR 333-007-0320 to 333-007-0342 must be sampled using appropriate aseptic technique and tested by a laboratory for Shiga toxin-producing Escherichia coli and Salmonella species. (2) A batch fails microbiological contaminants testing if, during an initial test where no reanalysis is requested or upon reanalysis as described in OAR 333-007-0450(1) the laboratory detects: (a) Shiga toxin-producing Escherichia coli in one gram; or (b) Salmonella spp. in one gram. (3) Marijuana items and industrial hemp-derived vapor items tested for Aspergillus on or before August 25, 2023, in accordance with the rules that were in effect at the time, that have a laboratory test report indicating the samples contained pathogenic Aspergillus flavus, A. fumigatus, A. niger or A. terreus that were remediated or were attempted to be remediated must be resampled and retested in accordance with OAR 333-007-0450(6)(c) but are not required to be tested for pathogenic Aspergillus flavus, A. fumigatus, A. niger or A. terreus. (4) A marijuana item or industrial hemp-derived vapor item tested for Aspergillus on or before August 25, 2023, in accordance with the rules that were in effect at the time, that have a laboratory test report indicating the samples contained pathogenic Aspergillus flavus, A. fumigatus, A. niger or A. terreus, is not considered to have failed a compliance test for the purposes of OAR 333-007-0450. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 53-2023, amend filed 12/12/2023, effective 12/20/2023 PH 43-2023, temporary amend filed 09/15/2023, effective 09/15/2023 through 03/12/2024 PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 258-2018, minor correction filed 11/28/2018, effective 11/28/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0400 Standards for Pesticides Compliance Testing (1) A marijuana item or industrial hemp-derived vapor item required to be tested for pesticides must be tested by a laboratory for all the analytes listed in Exhibit A, Table 3, incorporated by reference. (2) A batch fails pesticide testing if a laboratory detects the presence of a pesticide above the action levels listed in Exhibit A, Table 3 in any sample, including a duplicate: (a) During an initial test where no reanalysis is requested; or (b) Upon reanalysis as described in OAR 333-007-0450(1). (3) The Authority will review and update, if necessary, the analytes listed in Exhibit A, Table 3, at least every two years. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0410 Standards for Solvents Compliance Testing (1) A marijuana item or industrial hemp-derived vapor item required to be tested for solvents must be tested by a laboratory for all the analytes listed in Exhibit A, Table 4 incorporated by reference. (2) A batch fails solvent testing if a laboratory, during an initial test where no reanalysis is requested or upon reanalysis as described in OAR 333-007-0450(1): (a) Detects the presence of a solvent above the action level listed in Exhibit A, Table 4 in a sample; (b) Calculates a RPD of more than 10 percent between the primary result and the duplicate result if the mean result is greater than half the action level for any analyte listed in Exhibit A, Table 4; or (c) Calculates a RSD of more than 10 percent between the primary result, the duplicate result and any replicate result if the mean result is greater than half the action level for any analyte listed in Exhibit A, Table 4. (3) The Authority will review and update, if necessary, the analytes listed in Exhibit A, Table 4, at least every two years. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 35-2016(Temp), f. & cert. ef. 12-2-16 thru 5-30-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0415 Standards for Heavy Metal Compliance Testing (1) A marijuana item or industrial hemp-derived vapor item required to be tested for heavy metals must be tested by a laboratory for the analytes listed in Exhibit A, Table 8 incorporated by reference. (2) A batch fails heavy metal testing if a laboratory detects the presence of a heavy metal above the action levels listed in Exhibit A, Table 8 in any sample, including a duplicate: (a) During an initial test where no reanalysis is requested; or (b) Upon reanalysis as described in OAR 333-007-0450(1). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, adopt filed 03/15/2022, effective 03/31/2022
333-007-0420 Standards for Testing Water Activity and Moisture Content (1) Usable marijuana must be tested by a laboratory for: (a) Water activity; and (b) Moisture content. (2) Kief manufactured before March 1, 2023, must be tested by a laboratory for water activity unless the marijuana or usable marijuana used to produce the kief has already passed testing for water activity prior to producing the kief in accordance with OAR 333-007-0320(6). (3) If a sample has a water activity rate of more than 0.65 Aw the sample fails. (4) If a sample has a moisture content of more than 15 percent the sample fails. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 89-2020, amend filed 12/30/2020, effective 01/01/2021 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0425 Standards for Mycotoxin Contaminants Compliance Testing (1) A marijuana item or industrial hemp-derived vapor item required to be tested for mycotoxin must be tested by a laboratory for: (a) Aflatoxins B1, B2, G1, G2; and (b) Ochratoxin A. (2) A batch fails mycotoxin testing if, during an initial test where no reanalysis is requested or upon reanalysis as described in OAR 333-007-0450(1), the laboratory detects levels above the action levels listed in Exhibit A, Table 9 in any sample. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, adopt filed 03/15/2022, effective 03/31/2022
333-007-0470 Tentative Identification of Compounds (1) Tentatively Identified Compounds (TICs) are compounds detected in a sample using gas chromatography mass spectrometry that are not among the target analytes for the residual solvent analysis. (2) The Authority or Commission may initiate an investigation of a registrant or licensee for TICS and may require a registrant or licensee to submit samples for additional testing, including testing for analytes that are not required by these rules, at the registrant’s or licensee’s expense. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 33-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0480 Audit and Random Testing (1) The Oregon Health Authority (Authority) may require a registrant to submit samples identified by the Authority to a laboratory of the Authority's choosing or the cannabis reference laboratory to be tested in order to determine whether a registrant is in compliance with OAR 333-007-0300 through 333-007-0600 or any other rule of the Authority. (2) A laboratory doing audit testing under section (1) of this rule must comply with these rules unless otherwise authorized by the Authority. (3) The Authority may, at any time, require a registrant to permit the sampling of or submit a sample of a marijuana item to the Authority for testing. Such testing may include testing for: (a) Any microbiological contaminant. (b) Heavy metals; (c) Solvents; (d) Pesticides; (e) Mycotoxins; (f) Adulterants, additives, or other contaminants that may pose a risk to public health or safety, or is prohibited by law. (4) The Authority may require any testing ordered under sections (1) and (3) of this rule to be paid for by the registrant. (5) The Authority may obtain a marijuana item from a registrant at any time and have it tested to ensure compliance with these rules and OAR chapter 333, division 8, or to protect the public health and safety. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 6-2024, amend filed 03/20/2024, effective 04/01/2024 PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 89-2020, amend filed 12/30/2020, effective 01/01/2021 PH 21-2019, temporary amend filed 10/11/2019, effective 10/15/2019 through 04/11/2020 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 35-2016(Temp), f. & cert. ef. 12-2-16 thru 5-30-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
333-007-0500 Quality Control and Research and Development Testing (1) A registrant or a licensee may request that a laboratory conduct testing for the purpose of assuring quality control or for research and development, except as provided in section (2) of this rule. (a) A quality control test result, research and development test result, or test results from testing for any purpose other than compliance testing must be tracked and entered into CTS. (b) A registrant, licensee, or other requestor must ensure that relevant information regarding the registrant, licensee, or manufacturer of the item is provided to the laboratory conducting the testing in accordance with OAR 333-007-0315. (2) A registrant or a licensee may not request that a laboratory conduct pesticide testing on marijuana or usable marijuana for the purpose of quality control, research and development or any purpose other than compliance testing. A pesticide test on marijuana or usable marijuana is considered by the Authority and the Commission to be a compliance test. (3) A marijuana item or industrial hemp-derived vapor item submitted for quality control or research and development testing is not subject to OAR 333-007-0320 to 333-007-0470. (4) A laboratory result from a quality control or research and development test cannot be used as a compliance test result and a marijuana item or an industrial hemp-derived vapor item that has only undergone a quality control or research and development test may not be transferred or sold, unless the marijuana item is not required to have a compliance test before being transferred or sold. (5) The certificate of analysis must clearly indicate that the testing performed was for quality control or research and development testing and is not considered a compliance test. (6) Registrants and 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 Authority or the Commission. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 32-2021, amend filed 07/27/2021, effective 07/27/2021 PH 10-2021, temporary amend filed 03/03/2021, effective 03/03/2021 through 08/29/2021 PH 89-2020, amend filed 12/30/2020, effective 01/01/2021 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
333-007-0600 Cannabis Reference Laboratory (1) The Oregon Health Authority (Authority) may request that the cannabis reference laboratory conduct any of the following: (a) Audit testing as described in OAR 333-007-0480; or (b) Testing if the Authority has reason to believe the marijuana item, industrial hemp or hemp item is not in compliance with ORS 475C.544 or these rules. (2) The Authority may consider a test conducted by the cannabis reference laboratory to be a compliance test. (3) If a test conducted by the cannabis reference laboratory indicates a sample fails to comply with concentration limits in OAR chapter 845, division 26 or an action level in OAR chapter 333, division 7, the Authority may invalidate the results of the test conducted by the original laboratory. If the Authority invalidates a compliance test result: (a) The Authority must notify the registrant who ordered the compliance test. (b) The registrant must follow the applicable procedures under OAR 333-007-0450 regarding failed test samples. (c) Subject to any reanalysis conducted pursuant to OAR 333-007-0450, the Authority may require the recall of any marijuana items, industrial hemp or hemp items associated with a failed sample that have been sold or transferred. The recall must be conducted in accordance with instructions provided by the Authority. The registrant must either: (A) Destroy the affected marijuana items, industrial hemp, or hemp items; or (B) Remediate the affected marijuana items, industrial hemp, or hemp items in accordance with OAR 333-007-0450. (4) The Authority may request or require a recall based on the cannabis reference laboratory audit testing. Statutory/Other Authority: ORS 475C.523 Statutes/Other Implemented: ORS 475C.523 History: PH 6-2024, adopt filed 03/20/2024, effective 04/01/2024