justicedao/ipfs_state_laws huggingface dataset:
603-047-0400 Department’s Notice; Right to Contested Case Hearing (1) A notice issued by the department pursuant to OAR 603-047-0200 and 603-047-0300 must be in writing, is subject to any applicable provisions of ORS Chapter 183, and shall include: (a)A reference to the particular statute and administrative rule involved in the department’s determination; (b) A statement explaining how the amount of nonpayment was calculated, or how the payment is untimely or both; (c) A statement explaining that the seed dealer’s license is suspended and the dealer has not demonstrated to the satisfaction of the Department that the dealer is current on all payments due as described in a final order issued by the Department and that the Department may refuse to issue or renew the seed dealer license; (d) A statement explaining that a license applicant is an officer, owner or agent of the entity holding a seed dealer’s license that was suspended; (e) A statement of the person’s right to request a hearing within 60 days of receipt of the notice and an explanation of how a hearing may be requested; (f) A statement that a collaborative dispute resolution process is available as an alternative to a contested case hearing, and that choosing such process will not affect the right to a contested case hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process; (g) A statement indicating whether and under what circumstances ODA may issue a final order by default. Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680 Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744 History: DOA 31-2012, f. & cert. ef. 12-21-12
603-047-0500 Collaborative Dispute Resolution; Mediation (1) Resolution of contested cases. The department may enter into an informal disposition of a contested case with the parties to a contested case to resolve any matter identified in the department’s notice. (a) Any informal disposition must be in writing and signed by the party or parties to the contested case; (b) The department shall incorporate an informal disposition into a final order resolving all issues described in the notice. (2) Dispute over price stemming from seed quality disputes. When a disagreement over payment or untimely payment stems from a disagreement between the seed dealer and the seed producer or grower regarding the quality of the seed of a contracted or purchased lot, then upon mutual agreement and request of both dealer and producer or grower, the Department may take an official sample of the disputed lot and submit the sample to the Oregon State University, agricultural research station, or other laboratory agreed upon by the parties for testing. (a) The parties may agree that the results of this test shall be binding upon the dealer and producer or grower. (b) The parties may agree that the cost of sampling and testing shall be shared equally between the dealer and producer or grower and dealer, but in no case shall the cost of sampling be ascribed to the department unless by consent of the department. (3) Mediation of disputes. At any time after the department receives a complaint or issues a notice pursuant to OAR 603-047-0200, the parties to the disputed contract may enter into mediation to resolve the matters disputed. (a) The department may keep a roster of qualified mediators to assist parties wishing to mediate the matters disputed and a mediator may be selected by agreement of the parties. (b) Any mediation agreement between the parties must contain a provision for reporting to the department as to whether the mediation successfully resolves the matters asserted in the department’s notice. If there is no agreement, the Department may refer the matter to the Office of Administrative Hearings for a contested case hearing. (c) A request for mediation does not toll the time period for requesting a contested case hearing if a notice has been issued. Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680 Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744 History: DOA 31-2012, f. & cert. ef. 12-21-12
603-048-0100 Licensing, generally (1) Industrial hemp is an agricultural product subject to regulation by the Department. (2) Only a licensee may sell, store, receive or transfer industrial hemp, except as provided in ORS 475C.305, ORS 571.266 and this rule. (a) Laboratories are not required to be licensed with the Department to sample, test, or transfer or store industrial hemp for sampling and testing purposes; and (b) Seed testing facilities with a registered seed technologist registered by the Society of Commercial Seed Technologist or certified seed analyst certified by the Association of Official Seed Analysts are not required to be licensed with the Department to sample, test, treat, or transfer or store industrial hemp seed or seedlings for sampling and testing purposes. (c) A license is not required to transport or ship hemp or hemp products produced in accordance with 7 USC 1639 (https://uscode.house.gov/statviewer.htm?volume=132&page=4914), et seq. through the state. (3) Licenses. (a) Apply only to the individual or legal entity and location listed on the Department-issued license (b) Are a personal privilege and may not be transferred. (c) May not be sold or transferred. (4) For transfers and sales within Oregon, a licensee may only sell or transfer industrial hemp or agricultural hemp seed to: (a) Another licensee; or (b) An OLCC licensee in accordance with ORS 571.336, ORS 571.337, and rules adopted thereunder. (5) Restriction on industrial hemp product sales: (a) For the purposes of this section, “consumer” means a person who purchases, acquires, owns, holds or uses industrial hemp products other than for the purpose of resale. (b) A licensee may not transfer, sell, or offer for sale an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless the licensee is licensed as a retailer by OLCC, as provided in ORS 475C.257. (c) Each unit of sale transferred, sold, or offered for sale is in violation of this rule is a separate violation. (d) Beginning on January 1, 2026 a handler must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26. (6) Licensure and compliance with these rules does not protect a person from possible criminal prosecution under state or federal law or other sanctions by other governmental entities. Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.348, 571.005 & 475C.257 Statutes/Other Implemented: ORS 571.260 - 571.348 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024 DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023 DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022 DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018 DOA 13-2017, f. & cert. ef. 8-30-17 DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17 DOA 19-2016, f. & cert. ef. 10-28-16 DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16 DOA 3-2015, f. & cert. ef. 1-29-15
603-048-0125 Grower Licensure (1) Only a grower licensed with the Department may produce industrial hemp except as exempted in OAR 603-048-0100. (2) Industrial hemp may only be produced at grow sites and within production areas included on the grower license except as exempted in OAR 603-048-0100. (3) A licensed grower may use any propagation method, including planting seeds from, or starts, or the use of clones or cuttings, to produce industrial hemp. (4) The Department shall make available to licensed growers information that identifies licensed agricultural hemp seed producers from whom growers may purchase agricultural hemp seed. (5) Each grow site or production area identified by the Department that is not included on the grower license is a separate violation of section (2) of this rule. (6) A grower may conduct the following activities only if approved by the Department to do so: trim, manufacture kief, or make pre-rolls, per 603-048-0128. (7)(a) A grower may only apply pesticides to industrial hemp or hemp items that are included on the Hemp Program’s guide list or approved by the Environmental Protection Agency for use on industrial hemp. (b) A grower must comply with all applicable laws and rules regulating pesticides. (8) Sale or transfer of growing immature hemp plants are only permitted as follows: (a) The person making the sale or transfer must be a licensed grower and hold a valid ODA nursery license issued under ORS571.055; (b) The person receiving the sale or transfer must be a licensed grower; and (c) The licensees must comply with OAR 603-048-0500 and 603-048-0550. (9) Sale or transfer of growing mature hemp plants are only permitted as follows: (a) The person making the sale or transfer must be a licensed grower and hold a valid ODA nursery license issued under ORS 571.055; (b) The plants must have passed preharvest testing in accordance with OAR 603-048-0600; and (c) The licensees must comply with OAR 603-048-0500 and 603-048-0550 Note: The Hemp Program’s guide list for pesticides is available from the Department. Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348 & ORS 633.511-633.996 Statutes/Other Implemented: ORS 571.260 - 571.348 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 28-2024, amend filed 12/30/2024, effective 12/31/2024 DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024 DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023 DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022 DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018
603-048-0126 Pre-Registration Violations (1)(a) Except as provided in subsection (b) of this section, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license, the Department shall refuse to issue a license to the person. (b) If the crop described in subsection (a) of this section is removed and the Department determines that the violation is resolved, the person described in subsection (a) of this section may apply for a license under ORS 571.281. The crop must be disposed of in accordance with OAR 603-048-0640 within 14 calendar days of the Department’s notification to the person, unless the Department grants an extension in writing. (2) If a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to being issued a grower license under ORS 571.281, the Department shall: (a)(A) Prioritize the person’s industrial hemp crop for inspection under ORS 571.281 (7), if the person planted the industrial hemp crop as described in this subsection; and (B) Require the person to enter into a corrective action plan as described in OAR 603-048-0800(6) with the Department; or (b) Refuse to issue a license to the person if the Department determines that a corrective action plan is insufficient to address the violation. (3) If the person described in section (2) of this rule does not enter into a corrective action plan pursuant to OAR 603-048-0800(6), the Department may not issue a license to the person under ORS 571.281. (4) If the person described in section (2) of this rule refuses to permit or cooperate as described in OAR 603-048-0650(3) with a pre-licensure inspection or a pre-licensure sampling for THC content as described in OAR 603-048-0200(9) or refuses to obtain pre-licensure pre-harvest testing as requested by the Department, the Department may refuse to issue a license to the person under ORS 571.281. (5) Planting an industrial hemp crop for the purposes of this rule includes growing cannabis plants at the same location a person identifies as a proposed grow site in a grower application unless the cannabis plants are permitted under ORS 475C.305, ORS 571.266, a license issued pursuant to ORS 475C.065, or a medical marijuana grow site registered under ORS 475C.792. Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348 Statutes/Other Implemented: ORS 571.260 - 571.348 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 50-2023, minor correction filed 12/14/2023, effective 12/14/2023 DOA 26-2023, minor correction filed 08/30/2023, effective 08/30/2023 DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022 DOA 22-2022, minor correction filed 08/18/2022, effective 08/18/2022 DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021 DOA 22-2021, temporary adopt filed 07/28/2021, effective 07/28/2021 through 01/23/2022
603-048-0150 Handler Licensure (1) Only a handler licensed with the Department may process industrial hemp or further process a hemp item, except as otherwise permitted under these rules. (2) A handler may only process industrial hemp, commodities, or products as identified on an approved LUCS and as approved by the Department. This requirement becomes effective on July 1, 2026. (3) Industrial hemp may only be processed at the sites indicated on the handler’s license. A handler must obtain a separate license for each handling site. Handling sites may not be moved or relocated. (4) Beginning on January 1, 2026 a handler must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26. (5) Handler Licensure by Reciprocity. A marijuana processor licensed under ORS 475C.085 with a hemp endorsement as described in OAR 845-025-3210 from the OLCC may be licensed by reciprocity with the Department as a handler in accordance with OAR 603-048-0225(5). A marijuana processor licensed by reciprocity: (a) Is deemed to be in compliance with the recordkeeping requirements in OAR 603-048-0500 if the marijuana processor tracks all industrial hemp and industrial hemp products and commodities in the Cannabis Tracking System as required by OAR Chapter 845, Division 25. (b) Is deemed to be in compliance with testing requirements for hemp items if the marijuana processor tests all hemp items as required in OAR Chapter 845, Division 25. Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348 Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 27-2023, minor correction filed 08/30/2023, effective 08/30/2023 DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022 DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021 DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021 DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019 DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018
603-048-0151 Handler Endorsements (1) For licenses issued on or after June 31, 2026, a handler may only process hemp edibles, hemp topicals, hemp concentrates, or hemp extracts if the handler has a current endorsement from the Department for that type of processing activity. Endorsements types are: (a) Hemp edible; (b) Hemp topical; (c) Hemp concentrate; and (d) Hemp extract. (2) To request an endorsement, an applicant must submit the documents as described in section 3 of this rule with the applicant’s initial handler application or at any time following licensure with a change form. (3) To apply for an endorsement, a handler applicant or handler licensee must submit: (a) A form prescribed by the Department that identifies the proposed endorsements; (b) A land use compatibility statement showing that any proposed handler endorsements are not prohibited uses; and (c) For application for an extraction endorsement and if required by the local governing body for other endorsement types, proof of passing inspection of extraction equipment by a professional engineer and a certificate of occupancy from the local governing body. (4) A handling site may have multiple endorsements. (5) For the purposes of endorsements, any hemp cannabinoid product that is intended to be consumed or ingested orally or applied in the mouth is considered a hemp edible. (6) The Department may deny a handler’s request for an endorsement or suspend or revoke an existing endorsement if the handler cannot or does not comply with rules pertaining to that endorsement. (7) The Department may cancel an endorsement or handler license if the license is found to be exercising endorsement privileges without having been approved for that endorsement or continuing to exercise that endorsement after receiving notice that the landowner or local governing body has revoked permission to do so. (8) Violations. Processing without the required endorsement is a Class I 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
603-048-0175 Vendor Site License (1) Effective July 1, 2024, a vendor must have a license with the Department under these rules for each vendor site prior to storing, transferring, offering for sale, or selling industrial hemp or hemp items to consumers in Oregon except: (a) A license is not required if the person only facilitates the sale or transfer by connecting buyers and sellers and the person does not store the industrial hemp or hemp items at any time. (b) A licensed grower, handler, or agricultural hemp seed producer is not required to be licensed with the Department as a vendor site to store, transfer, or sell industrial hemp or hemp items the licensee produced or processed if the licensee first notifies the Department of the location where the industrial hemp or hemp items are stored, transferred, or sold in the license application or on another form provided by the Department. (c) A license is not required for a vendor site licensed by OLCC under ORS 475C.065, 475C.085, 475C.093, or 475C.097. (d) A license is not required for a person who only transports industrial hemp or hemp items and does not store the industrial hemp or hemp items at any time other than as necessary for transportation or delivery. (2) A vendor site license is effective the day the Department issues the license and expires annually on June 30. Fees are not prorated. (3) A vendor site license applies only to the vendor site identified on the license; each address must obtain a separate license. Vendor sites may not be moved or relocated. (4) For an online vendor, a vendor site license may apply to all webpages that are part of the second level domain name. (5) Each unlicensed vendor site identified by the Department is a separate violation of section (1) of this rule. (6) Beginning on January 1, 2026 a vendor must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26. (7) In addition to record keeping requirements of 603-048-0500, at the point of sale to a consumer and until three years after a product is out of inventory, a vendor must have immediately available for viewing a copy of certificate of analysis for each hemp product showing passing full compliance testing. Statutory/Other Authority: ORS 571.260-571.348 Statutes/Other Implemented: ORS 571.263, 571.269 & 571.281 History: DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 13-2024, adopt filed 06/05/2024, effective 06/05/2024
603-048-0205 Criminal Records Check (1) Criminal offender information is confidential. The Department shall not disclose records regarding criminal offender information received when processing grower license applications except for persons with a demonstrated and legitimate need to know the information. (2) The only convictions the Department shall consider are felonies relating to a controlled substance within the last ten years from the date of application. (3) An application is incomplete if the applicant or any key participant is required to submit a consent to criminal history check and refuses to consent to the criminal history check, refuses to be fingerprinted or respond to written correspondence, or discontinues the criminal records process for any reason. Incomplete fitness determinations may not be appealed. (4) The Department, in its discretion, may require a criminal history check of any applicant or key participant more frequently than otherwise required by these rules. Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348 Statutes/Other Implemented: ORS 571.260-571.348 History: DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023 DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021
603-048-0315 Vendor Site Application and Review (1) To apply for a vendor site license, an applicant must submit to the Department: (a) A complete vendor site license application on a form provided by the Department; (b) All applicable fees as described in OAR 603-048-0700; and (c) Any additional information or documentation required by the Department. (2) A vendor site license application must include the following information: (a) The name, legal type of applicant (individual, corporation, etc.); (b) Contact information for the applicant; (c) For legal entities, principal place of business for licensee and Oregon Secretary of State registry number; (d) A primary contact person the Department can contact regarding the application or license and contact information (phone number, email) for the primary contact person; (e) The address of the vendor site; and (f) Any other information specified by the Department in the application. (3) Renewal Application. (a) A person with a current valid license may apply for a renewal license by submitting a complete renewal application on a form provided by the Department. The renewal application must include: (A) Updated contact information for the applicant and primary contact person; (B) Any other information required by the Department. (b) The Department must receive the complete renewal application and all applicable fees described in OAR 603-048-0700 by no later than June 30 of the current license year. (4) Incomplete Applications. (a) If an applicant does not provide all information or documentation required in rule or otherwise required by the Department or pay the applicable fee, the Department shall reject the application as incomplete. (b) If an application is illegible or is substantially incomplete, the Department may summarily reject the application as incomplete. (c) If an applicant fails to provide the information required, the Department may notify the applicant of the missing information and allow the applicant 15 days to submit the missing information. (d) The Department may verify the information submitted, verify any accompanying documentation submitted with an application, or request additional information, documentation, or attestation from the applicant to ensure compliance with ORS 571.260 to ORS 571.348 and these rules. If an applicant fails to timely submit information, documentation, or attestation requested by the Department, the Department shall reject the application as incomplete. (e) An applicant whose application is rejected as incomplete may reapply at any time. If the applicant reapplies within the same license year, the application fee may be applied to a new application. (5) The Department may not issue a license to an applicant that is a legal entity if it is required to register with the Oregon Secretary of State but does not have an active registration. Statutory/Other Authority: ORS 571.260-571.348 Statutes/Other Implemented: ORS 571.263, 571.269 & 571.281 History: DOA 13-2024, adopt filed 06/05/2024, effective 06/05/2024