justicedao/ipfs_state_laws huggingface dataset:
845-025-5730 Wholesaler Coordination of Sampling and Testing A wholesaler: (1) May accept a batch, as that term is defined in OAR 333-007-0310 from a producer or processor that: (a) Has not been sampled or tested in accordance with OAR chapter 333, divisions 7 and 64 and may order tests and arrange for the sampling and testing of the batch in accordance with OAR chapter 333, divisions 7 and 64 as specified in those rules. (b) Has been sampled but has not yet been tested in accordance with OAR chapter 333, divisions 7 and 64. (2) Must secure, label, and store pre-tested marijuana items in accordance with OAR 845-025-5720. (3) May not transfer or sell a marijuana item unless that marijuana item: (a) Has been sampled and tested in accordance with OAR chapter 333, divisions 7 and 64. (b) Has passed all the required tests in OAR chapter 333, division 7. (4) Is jointly and severally responsible for ensuring compliance with OAR chapter 333, divisions 7 and 64 with the licensee that produced or processed the marijuana item. (5) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.093, 475C.544 & ORS 475C.017 Statutes/Other Implemented: ORS 475C.093 & 475C.544 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 139-2022, 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
845-025-5740 Failed Test Samples (1) For the purposes of this rule, “batch” has the meaning given that term in OAR 333-007-0310. (2) If a sample fails a compliance test the licensee must comply with OAR 333-007-0450. (3) If a batch or a sample from a batch fails a compliance test under these rules a licensee: (a) Must store and segregate the batch in a secure area and label the batch indicating it has failed a test. (b) May not remove the batch from the premises without permission from the Commission unless it is being directly transferred to a wholesaler or processor for the purposes of remediation in compliance with these rules. (4) Violations. A violation of this rule is a Category II violation. Statutory/Other Authority: ORS 475C.540, 475C.544, 571.337 & ORS 475C.017 Statutes/Other Implemented: ORS 475C.540, 475C.544 & 571.337 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 140-2022, 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
845-025-5765 Cannabis Reference Laboratory (1) The Commission may request that the cannabis reference laboratory conduct any of the following: (a) Audit testing as described in OAR 845-025-5760; or (b) Testing if the Commission 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 Commission 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 Commission may invalidate the results of the test conducted by the original laboratory. If the Commission invalidates a compliance test result: (a) The Commission must notify the licensee who ordered the compliance test. (b) The licensee must follow the applicable procedures under OAR 333-007-0450 regarding failed test samples. (c) The Commission may request reanalysis by the reference laboratory conducted pursuant to OAR 333-007-0450. (d) The Commission may request or require the recall 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 OAR 845-025-5790. The licensee 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. Statutory/Other Authority: ORS 475C.017, 475C.237, ORS 475C.523, 571.275 & 571.337 Statutes/Other Implemented: ORS 475C.523 History: OLCC 12-2024, amend filed 12/20/2024, effective 01/01/2025 OLCC 7-2023, adopt filed 11/17/2023, effective 01/02/2024
845-025-5800 Definitions for Industrial Hemp and Hemp Item Testing For the purposes of OAR 845-025-5800 to 845-025-5850, unless otherwise specified: (1) “Batch” means: (a) A quantity of industrial hemp or usable hemp from a harvest lot; or (b) A quantity of industrial hemp concentrate, industrial hemp extract, or hemp cannabinoid product from a process lot. (2) “Certificate holder” means a Commission-certified hemp grower or Commission-certified hemp handler. (3) “Finished hemp cannabinoid product” (a) Means a hemp cannabinoid product that is in its final form ready for packaging for sale or transfer to a consumer and includes all ingredients whether or not the ingredients contain cannabinoids. (b) For sampling and testing purposes, is equivalent to a “finished cannabinoid product” as that term is defined in OAR 333-007-0310. (4) “Finished industrial hemp concentrate or extract” (a) Means an industrial hemp concentrate or industrial hemp extract that is in its final form ready for packaging for sale or transfer to a consumer. (b) For sampling and testing purposes, is equivalent to a “finished cannabinoid concentrate or extract” as that term is defined in OAR 333-007-0310. (5) “Finished inhalable hemp cannabinoid product” (a) Means a hemp cannabinoid product that is intended for human use via inhalation, is in its final form ready for packaging for sale or transfer to consumer and includes all ingredients whether or not the ingredients contain cannabinoids. (b) For sampling and testing purposes, is equivalent to a “finished inhalable cannabinoid product” as that term is defined in OAR 333-007-0310. (6) “Harvested industrial hemp” (a) Has the meaning given that term in OAR 845-025-1015. (b) For sampling and testing purposes, is equivalent to “marijuana” as that term is defined in OAR 333-007-0310. (7) “Hemp cannabinoid product” (a) Has the meaning given that term in OAR 845-025-1015. (b) For sampling and testing purposes, is equivalent to a cannabinoid product as that term is defined in OAR 333-007-0310. (8) “Hemp kief” has the same meaning as “kief” in OAR 603-048-0010. (9) “Industrial hemp concentrate” (a) Has the meaning given that term in ORS 571.269 and includes hemp kief. (b) For sampling and testing purposes, is equivalent to a “cannabinoid concentrate or extract” as that term is defined in OAR 333-007-0310. (10) “Industrial hemp extract” (a) Has the meaning given that term in ORS 571.269. (b) For sampling and testing purposes, is equivalent to a “cannabinoid concentrate or extract” as that term is defined in OAR 333-007-0310. (11) “Usable hemp” (a) Has the meaning given that term in OAR 845-025-1015. (b) For sampling and testing purposes, is equivalent to “usable marijuana” as that term is defined in OAR 333-007-0310. Statutory/Other Authority: ORS 475C.017, ORS 571.336 & 571.337 Statutes/Other Implemented: ORS 571.336 & 571.337 History: OLCC 9-2024, amend filed 10/17/2024, effective 10/22/2024 OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023
845-025-5810 Industrial Hemp and Hemp Item Testing – Purpose and Scope (1) The purpose of OAR 845-025-5800 to 845-025-5850 is to describe how licensees and certificate holders must comply with the testing requirements for harvested industrial hemp and hemp items that are tracked in CTS. (2) These requirements do not apply to harvested industrial hemp or hemp items that a certificate holder does not intend to transfer to a licensee. (3) A certificate holder may not sell or transfer harvested industrial hemp or a hemp item to a licensee unless it is first tested by a laboratory as required by these rules. (4) A licensee may not sell or transfer harvested industrial hemp or a hemp item unless it is first tested by a laboratory as required by these rules, except for a processor transferring a hemp item to a wholesaler to coordinate testing as described in OAR 845-025-5840. (5) A licensee may not accept the transfer of harvested industrial hemp or a hemp item that is not sampled and passed any required compliance test in accordance with these rules, except for a wholesaler accepting the transfer of a hemp item from a processor to coordinate testing as described in OAR 845-025-5840. (6) These rules require harvested industrial hemp and hemp items to be sampled, tested, and reported in a manner consistent with the Authority’s marijuana and hemp sampling and testing rules in OAR chapter 333, divisions 7 and 64. In applying those rules: (a) Industrial hemp and hemp items are treated as their marijuana equivalents as described in OAR 845-025-5800; (b) References to “licensee or registrant” or “processor or processing site” should be read as “licensee or certificate holder”; and (c) References to “chapter 845, division 26” or “OAR chapter 845, division 26” should be read as “OAR 845-025-2760.” (7) To be sufficient to meet the requirement for testing under these rules, a licensee or certificate holder must ensure through a testing agreement or contract with the laboratory licensee, that the laboratory: (a) Samples harvested industrial hemp and hemp items according to OAR 333-007-0360 and OAR 333-064-0100; (b) Tests harvested industrial hemp and hemp items according to OAR 333-007-0390 to 333-007-0440 and 333-064-0100; (c) Keeps records in accordance with OAR 333-064-0100; (d) Provides the licensee, or certificate holder with test reports that meet the requirements in OAR 333-064-0110; and (e) Provides test reports that clearly identify the batch or process lot identifier. Statutory/Other Authority: ORS 475C.017, ORS 571.336 & 571.337 Statutes/Other Implemented: ORS 571.336 & 571.337 History: OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023
845-025-5840 Wholesaler Coordination of Sampling and Testing for Industrial Hemp and Hemp Items A wholesaler: (1) May accept a batch, as that term is defined in OAR 333-007-0310, from a processor that: (a) Has not been sampled or tested in accordance with OAR chapter 333, divisions 7 and 64 and these rules and may order tests and arrange for the sampling and testing of the batch in accordance with OAR chapter 333, divisions 7 and 64 and these rules. (b) Has been sampled but has not yet been tested in accordance with OAR chapter 333, divisions 7 and 64, and these rules. (2) Must secure, label, and store pre-tested hemp items in accordance with OAR 845-025-5720. (3) May not transfer or sell a hemp item unless that hemp item: (a) Has been sampled and tested in accordance with OAR chapter 333, divisions 7 and 64 and these rules. (b) Has passed all the required tests in OAR 845-025-5820. (4) Is jointly and severally responsible for ensuring compliance with OAR chapter 333, divisions 7 and 64 and these rules with the licensee that processed the hemp item. Statutory/Other Authority: ORS 475C.093, 475C.544, 571.336, 571.337 & ORS 475C.017 Statutes/Other Implemented: ORS 475C.093, 475C.544, 571.336 & 571.337 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
845-025-7010 Purpose, Scope and Effective Date (1) The purpose of OAR 845-025-7000 to 845-025-7190 is to set the minimum standards for the packaging and labeling of marijuana items and hemp items that are for ultimate sale or transfer to a consumer, patient, or designated primary caregiver at an OMMP registered dispensary or OLCC licensed retailer. These minimum standards are applicable to: (a) A Commission licensee as defined in OAR 845-025-1015; (b) A Commission-certified hemp handler transferring a hemp item to a licensee if the hemp item is in its final form ready for sale or transfer to a consumer; and (c) A person registered with the Authority under ORS 475C.770 to 475C.919 who is not exempt from the labeling requirements as described in section (2) of this rule. (2) The labeling requirements in these rules do not apply to: (a) A grower if the grower 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 of the patient who designated the grower to grow marijuana for the patient. (b) A designated primary caregiver of a patient if the caregiver is transferring a marijuana item to a patient of the designated primary caregiver. (c) A licensee or registrant transferring a bulk quantity or amount of marijuana items to another licensee or registrant for processing or packaging. (d) A licensee, hemp handler, or hemp grower transferring a bulk quantity or amount of a hemp item or industrial hemp to a licensee for processing or packaging. (e) A marijuana processor registered under ORS 475C.141 when the marijuana processor receives marijuana or usable marijuana from a patient or a designated primary caregiver and processes the marijuana or usable marijuana into cannabinoid products, cannabinoid concentrates, and cannabinoid extracts and transfers the processed marijuana items back to the patient or designated primary caregiver. (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 licensees and registrants as long as those additional labeling requirements are not inconsistent with these rules; or (b) Requiring licensees or registrants to provide informational material to a consumer, patient, or designated primary caregiver at the point of sale. Statutory/Other Authority: ORS 475C.604, ORS 475C.612 & 571.337 Statutes/Other Implemented: ORS 475C.604 & ORS 475C.612 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 144-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7020 Packaging for Sale to Consumer (1) Containers or packaging for marijuana items and hemp items must protect the packaged item from contamination and must not impart any toxic or deleterious substance to the packaged item. (2) Marijuana items and hemp items for ultimate sale to a consumer, patient, or designated primary caregiver, except for usable marijuana, usable hemp, immature marijuana plants, and seeds, must: (a) Be packaged in a container that is resealable and continually child-resistant as certified by a qualified third-party child-resistant package testing firm or placed within an exit package that is resealable and continually child-resistant as certified by a qualified third-party child-resistant package testing firm prior to final sale or transfer to consumer, patient, or designated primary caregiver if the product is a cannabinoid product, cannabinoid concentrate, cannabinoid extract, hemp cannabinoid product, or hemp concentrate or extract; (b) Not be packaged or labeled in a manner that is attractive to minors; and (c) Be labeled in accordance with OAR 845-025-7000 to 845-025-7190. (3) Packaging may not contain any untruthful or misleading content. (4) Nothing in this rule: (a) Prevents the re-use of packaging that is capable of continuing to be child-resistant, as long as the package is in good working order and maintains its child-resistant properties, and as permitted by rules established by the Commission or the Authority; or (b) Prohibits the Commission or the Authority from imposing additional packaging requirements in their respective rules governing licensees and registrants. (5) A licensee or registrant must provide to the Commission or the Authority upon that agency’s request, additional information about the testing that was performed by the qualified third party child-resistant package testing firm in accordance with 16 CFR 1700. (6) Licensees and registrants are prohibited from selling packages, containers or devices intended for intravenous delivery. Statutory/Other Authority: ORS 475C.612 & 571.337 Statutes/Other Implemented: ORS 475C.612, ORS 475C.065, 475C.085, 475C.093 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 145-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 6-2018, amend filed 05/23/2018, effective 06/01/2018 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 12-2016(Temp), f. & cert. ef. 8-23-16 thru 12-26-16 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 2-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-7045 Marijuana Plant Labeling Requirements Prior to an immature marijuana plant being sold or transferred to a consumer, patient or designated primary caregiver a tag or label must be affixed to the plant or plant container that has the following information: (1) Producer’s business or trade name and license number; (2) Business or trade name of licensee that packaged the product, if different from the producer; (3) Name of the strain; (4) Product identity; (5) UID number; and (6) Universal symbol. Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 147-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7050 Marijuana Seed Labeling Requirements Prior to marijuana seeds being sold or transferred to a consumer, patient or designated primary caregiver the container holding the seeds must have a label that has the following information: (1) Producer’s business or trade name and license number; (2) Business or trade name of licensee that packaged the product, if different from the producer; (3) Name of the strain of seed; (4) Date of harvest; (5) Number of seeds or net weight in grams and ounces; (6) Product identity; (7) UID number; and (8) Universal symbol. Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 148-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7070 Usable Marijuana Labeling Requirements Prior to usable marijuana being sold or transferred to a consumer, patient or designated primary caregiver the container holding the usable marijuana must have a label that has the following information: (1) Producer’s business or trade name and license number; (2) Business or trade name of licensee that packaged the product, if different from the producer; (3) UID number; (4) Date of harvest; (5) Name of strain; (6) Net weight in grams and ounces; (7) For pre-rolled marijuana, weight of usable marijuana used in product in grams; (8) Concentration of THC and CBD, as calculated under OAR 333-064-0100; (9) Name of the lab that performed any test and any test analysis date; (10) Universal symbol; (11) Product identity; and (12) For usable marijuana 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.” Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 149-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7080 Cannabinoid Topical Labeling Requirements Prior to a cannabinoid topical product being sold or transferred to a consumer, patient or designated primary caregiver the container holding the cannabinoid product must have a label that has the following information: (1) Processor’s business or trade name and license number; (2) Business or trade name of licensee that packaged the product, if different from the processor; (3) UID number; (4) Product identity; (5) Date the product was made; (6) Net weight or volume in U.S. customary and metric units; (7) Amount suggested for use by the consumer or patient at any one time; (8) Concentration of THC and CBD in the container (%); (9) List of ingredients in descending order of predominance by weight or volume used to process the cannabinoid topical; (10) Name of the lab that performed any test and any test analysis date; (11) Universal symbol; (12) A statement that reads: “This product is not approved by the FDA to treat, cure, or prevent any disease”; (13) For cannabinoid topicals 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 EAT” in bold, capital letters. Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 150-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018
845-025-7100 Cannabinoid Concentrate and Extract Labeling Requirements Prior to a cannabinoid concentrate or extract being sold or transferred to a consumer, patient or designated primary caregiver the container holding the concentrate or extract must have a label that has the following information: (1) Processor’s business or trade name and license number; (2) Business or trade name of licensee that packaged the product, if different from the processor; (3) UID number; (4) Product identity that correctly identifies the item as either a concentrate or extract; (5) Date the concentrate or extract 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) Activation time, expressed in words or through a pictogram; (10) Name of the lab that performed any test and any test analysis date; (11) Universal symbol; (12) A statement that reads: “This product is not approved by the FDA to treat, cure, or prevent any disease”; (13) For cannabinoid concentrates and extracts 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) “DO NOT EAT” in bold, capital letters. (14) For medical grade cannabinoid concentrates and extracts 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) “DO NOT EAT” in bold, capital letters. Statutory/Other Authority: ORS 475C.604 Statutes/Other Implemented: ORS 475C.604 History: OLCC 152-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2018, adopt filed 05/23/2018, effective 06/01/2018