reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0300 - Agricultural Hemp Seed Producer License Application and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a grower
			 licensed with the Department may produce agricultural hemp seed. Only a handler
			 licensed with the Department may process agricultural hemp seed. An applicant
			 may apply for a grower or handler license at the same time the applicant
			 applies for a license as an agricultural hemp seed producer.
(2) A licensed grower or handler seeking to
			 produce or process agricultural hemp seed must obtain an agricultural hemp seed
			 producer license unless:
(a) A licensed grower
			 retains agricultural hemp seed only for the purpose of personally propagating
			 industrial hemp for the grower's own use in future years;
(b) A licensed grower renders all Cannabis
			 seeds produced such that they are incapable of germination; or
(c) A licensed handler processes agricultural
			 hemp seed in such a manner that the seeds are incapable of
			 germination.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0315 - Vendor Site Application and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0400 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 immediately report, within 48 hours, the theft or loss of industrial hemp or
			 hemp items to the Department. A licensee must provide a copy of the police
			 report of such a theft to the Department or the police report number of such a
			 theft upon the Department's request. A vendor is not required to report
			 shrinkage of industrial hemp or hemp items.
(2) An applicant or licensee must report to
			 the Department in writing within 10 days of the following:
(a) A disciplinary proceeding or enforcement
			 action by another government entity that may affect the applicant or licensee's
			 business;
(b) Permanent closure of
			 a grow site, research facility, vendor site or handling site. The applicant or
			 licensee is responsible for all activities at a grow site, research facility,
			 vendor site or handling site until the date the Department is notified of a
			 permanent site closure in accordance with OAR
			 603-048-0800(1).
(c) Any felony conviction of the grower
			 applicant or grower licensee or if a legal entity, any key participant,
			 relating to a controlled substance.
(d) On a form provided by the Department and
			 changes to the name, address, e-mail or telephone number of the licensee,
			 primary contact person, or any key participant within 10 days of the
			 change;
(e) On a form provided by
			 the Department, the removal of a production area and the addition of a
			 production area at a grow site prior to producing at a production area not
			 licensed with the Department. The grower must comply with OAR
			 603-048-0200(6)(a)
			 prior to producing at a production area not licensed with the
			 Department.
(f) Any and all
			 licensed production areas that the licensee decides not to plant with
			 industrial hemp or does not plant with industrial hemp during the licensing
			 year.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0500 - Record Keeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees must maintain records required
			 under these rules for no less than three (3) years after the total disposition
			 of each harvest, seed, immature plant, or process lot, as identified by unique
			 identifier assigned pursuant to this rule.
(2) For purposes of identifying industrial
			 hemp and industrial hemp products and commodities for record keeping:
(a) Growers must assign each harvest lot of
			 industrial hemp produced by the grower a harvest lot identifier as that term is
			 defined in 603-048-0010.
(b)
			 Growers must assign each seed lot produced by the grower a seed lot identifier
			 as that term is identified in OAR 603-048-0010.
(c) Growers must assign immature plant lot
			 transferred or sold by the grower an immature plant lot identifier as that term
			 is identified in OAR 603-048-0010.
(d) Handlers must assign a process lot
			 identifier as that term is defined in 603-048-0010 to any hemp items made by
			 the handler.
(e) Licensees must
			 assign a unique identifier to each lot of industrial hemp, industrial hemp for
			 human consumption, and hemp items received from outside Oregon.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0520 - Co-Location of Hemp Production with Marijuana Production

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 following definitions apply:
(a) "Medical
			 marijuana grower registration" means a grower registration issued under ORS
			 475C.792.
(b) "Medical marijuana plot" means an area
			 designated at a hemp grow site for producing cannabis plants under a medical
			 marijuana grower registration.
(c)
			 "Personal grow plot" means an area designated at a hemp grow site for producing
			 cannabis plants pursuant to pursuant to ORS
			 475C.305.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0540 - Industrial Hemp Drying and Storage Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When drying or storing industrial hemp,
			 licensees must label each harvest lot with the following information:
(a) The license number of the grower that
			 produced the harvest lot;
(b) The
			 harvest lot identifier; and
(c) The
			 date the harvest lot was harvested.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0545 - Transport THC Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee may, within the boundaries of this state, transport
				to or receive from:
(1) Another
			 licensee or a laboratory licensed under ORS
			 475C.548:
(a) industrial hemp; or
(b) An industrial hemp commodity that
			 contains no more tetrahydrocannabinol than five percent THC if the industrial
			 hemp or industrial hemp used in the industrial hemp commodity originated from a
			 crop inspected under ORS
			 571.281(7) that
			 was found to not contain an average tetrahydrocannabinol concentration
			 exceeding the concentration specified by the Department by rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0550 - Transport Documentation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When transporting industrial hemp or
			 agricultural hemp seed, licensees must ensure a copy of the following documents
			 accompanies the industrial hemp or agricultural hemp seed:
(a) A copy of the hemp grower
			 license;
(b) A copy of the invoice
			 or bill of lading that includes the originating location and destination and
			 contact information of buyer and seller if applicable; and
(c) A copy of the pre-harvest test results
			 issued by a laboratory under OAR 603-048-0600 and sampling documentation
			 required under OAR 603-048-0600 that corresponds to the harvest lot(s) in
			 transit as identified by harvest lot identifier.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0600 - Pre-Harvest Sampling and Testing for Tetrahydrocannabinol

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A grower may not:
(a) Harvest a harvest lot until it has been
			 sampled in accordance with these rules.
(b) Transfer or sell a harvest lot until it
			 has passed testing in accordance with these rules.
(c) Conduct repeat preharvest sampling and
			 testing on a harvest lot that has failed testing under this rule except as
			 expressly permitted in OAR 603-048-0630.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0625

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority:
ORS
				  571.300 -
				  571.315, as amended by OL 2016,
				  Ch. 71, ORS 561.605 to
				  561.620, ORS Chapter
				  183
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0630 - Failed Pre-Harvest Testing; Retesting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a sample
			 tested under OAR 603-048-0600 fails an initial
			 test, a grower may pursue retesting at the grower's own cost pursuant to
			 sections (2) and (3) of this rule.
(2) Retesting of Failed Samples. If a sample
			 tested under OAR 603-048-0600 fails an initial
			 test, the laboratory that did the testing, or the Department if the Department
			 did the testing, may retest the sample pursuant to the Testing Protocol,
			 Exhibit B. If the sample passes, the sample must be retested by another
			 laboratory or the Department and again pass testing to confirm the result in
			 order for the harvest lot to pass testing.
(a)
			 If a grower wishes to have a sample retested, the grower must request a retest
			 within seven (7) days from the date the notice of the failed test was sent to
			 the grower. The retest must be completed within 30 days from the date the
			 retest was requested.
(b) To
			 request retesting, the grower must provide the laboratory, or the Department,
			 with the following on a form provided by the Department:
(A) A written request for retesting for each
			 sample the grower requests be retested; and
(B) Notification that the sample is being
			 retested because of the failed test and the failed test results.
(c) If a grower has requested a
			 retest in accordance with subsection (2)(a) and (b) of this rule and the sample
			 passes upon retest, the grower has seven (7) days from the date the notice of
			 the passed test is sent to request that another laboratory, or the Department,
			 retest the remaining file sample and confirm that the sample meets requirements
			 established in OAR 603-048-0600. The initial
			 laboratory must coordinate with the second laboratory or the Department to
			 provide the remaining file sample for retesting. The retesting must be
			 completed within 30 days from the date the retesting was requested.
(d) If a grower has requested an initial or
			 secondary retest and the test report indicates that the sample failed testing
			 as described in OAR 603-048-0600(8)
			  the sample fails testing and no further
			 testing is permitted under this subsection.
(e) Reporting:
(A) A grower must report electronically to
			 the Department within 24 hours, at HempTestReports@oda.oregon.gov using the
			 forms provided or approved by the Department, or via an online portal operated
			 by the Department, any initial or secondary request for retest of a
			 sample.
(B) A grower must ensure
			 that a laboratory reports electronically to the Department within 24 hours, at
			 HempTestReports@oda.oregon.gov using the forms provided or approved by the
			 Department, or via an online portal operated by the Department, the testing
			 results of the initial or secondary retest.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0631 - Production Area Subdivision Exemption for Low THC Results

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 603-048-0630(3)(c), a grower seeking
				resampling and retesting of a production area as described in OAR
				603-048-0630(3) on or after September 1, 2023 is not required to subdivide the
				production area if the initial preharvest test result does not exceed 1.0
				percent THC on a dry weight basis. In addition, notwithstanding OAR
				603-048-0630(3)(d), a grower that does not subdivide in accordance with this
				rule is not required to identify subdivided harvest lots.
Statutory/Other Authority: ORS
				  561.190, ORS
				  561.605-561.620 & ORS
				  571.260-571.348
Statutes/Other Implemented: ORS
				  571.260-571.348
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0636 - Hemp Microgreens

Current through Register Vol. 63, No. 7, July 1, 2024
Effective March 1, 2024:
(1) Notwithstanding OAR 603-048-0600, a
			 grower is not required to pre-harvest sample and test cut microgreens prior to
			 transfer or sale.
(2)
			 Notwithstanding OAR 603-048-2300 to 603-048-2480, growers and handlers are not
			 required to test cut microgreens under ORS
			 571.330. Cut microgreens are a
			 part of industrial hemp that are exempt from ORS
			 571.330.
(3) The Department may sample and test any
			 growing microgreens crop and any cut microgreens.
(4) The Department may require that a
			 licensee in possession of cut microgreens conduct testing under OAR
			 603-048-0600 or OAR 603-048-2300 to 603-048-2480 at the expense of the
			 licensee.
(5) Cut microgreens are
			 subject to all other requirements for industrial hemp as identified in these
			 rules.
(6) The Department may
			 detain and dispose of any microgreens or cut microgreens if they contain an
			 average total tetrahydrocannabinol concentration that exceeds 0.3 percent on a
			 dry weight basis.
(7) A grower may
			 only produce microgreens via germination from agricultural hemp seed.
(8) A licensee may not dry microgreens prior
			 to sale to a consumer.
Statutory/Other Authority: ORS
				  571.263,
				  571.272,
				  571.330 &
				  571.339
Statutes/Other Implemented: ORS
				  571.263 &
				  571.330
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0640 - Cannabis Waste and Cannabis Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, "cannabis
			 waste" includes cannabis grown at the grower's licensed grow site or under a
			 grower's license that the licensee determines has lost its market value due to
			 mold, pest, disease, or that the licensee otherwise does not intend to store,
			 process, transfer, or sell. "Cannabis waste" does not include minimal amounts
			 of cannabis pruned or removed from cannabis plants in the course of normal
			 agricultural practices such as removing male plants.
(2) A licensee must comply with the following
			 when disposing of cannabis that fails testing or resampling under OAR
			 603-048-0600 to 603-048-0635 or if the licensee is otherwise ordered by the
			 Department to dispose of cannabis plants.
(a)
			 The licensee must request approval from the Department at least seven (7)
			 calendar days prior to the date of proposed disposal, on a form provided by the
			 Department that includes the following information:
(A) Proposed date of disposal;
(B) Amount of plants to be
			 disposed;
(C) Proposed method of
			 disposal; and
(D) Grow site,
			 production area, and harvest lots from which plants are proposed to be
			 disposed.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0650 - Industrial Hemp Inspection and Record Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department, as it deems necessary in the enforcement and carrying out its laws
			 may, during normal business hours, inspect premises, machinery, equipment, and
			 facilities of licensees and inspect any crop during any growth phase or
			 harvested crop, and sample for analysis.
(2) Upon not less than three (3) days'
			 notice, the Department may subject licensee records to inspection or audit
			 during normal business hours. The Department may make an inspection or audit
			 for the purpose of ensuring compliance with:
(a) A provision of ORS
			 571.260 to
			 571.348;
(b) A rule adopted under a provision of ORS
			 571.260 to
			 571.348; or
(c) An order issued by the Department
			 pursuant to a provision of ORS
			 571.260 to
			 571.348 or rule adopted under a
			 provision of ORS 571.260 to
			 571.348, including a detainment
			 order.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0700 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensing Fees. At the time of
			 application an applicant must pay the following fees:
(a) A fee of $350.00 for a grower
			 application.
(b) A fee of $875.00
			 for each grow site application.
(c)
			 A fee of $2,275.00 for each handler application;
(d) A fee of $875.00 for each hemp handler by
			 reciprocity application;
(e) A fee
			 of $875.00 for an agricultural hemp seed producer application.
(f) A fee of $75.00 for each criminal history
			 check.
(g) A late fee of $250.00
			 for each grow site application received after May 31 but no later than July
			 31.
(h) A fee of $100.00 for each
			 vendor site application.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0800 - Enforcement and Civil Penalty for Industrial Hemp Law Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee is responsible for:
(a) All activities that occur at the grow
			 site, research facility, vendor site or handling site and for ensuring that all
			 activities at the site comply with ORS
			 571.260 to
			 571.348 and these rules. If a
			 licensee no longer is operating at a grow site, research facility, vendor site
			 or handling site, the licensee must notify the Department as described in OAR
			 603-048-0400(2)(b).
(b) Any act or omission of a licensee
			 representative in violation of these rules or any provision of ORS
			 571.260 to
			 571.348.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0900 - Detainment, Seizure, Embargo, and Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
If a harvest lot or hemp item is subject to detainment,
				seizure, embargo, or disposal, the Department may detain, seize, embargo, or
				dispose of the harvest lot or hemp item as provided in ORS
				561.605 to
				561.620 and consistent with
				these rules.
(1) The Department shall
			 cause to be affixed to the harvest lot or hemp item being detained, seized or
			 embargoed a notice that the lot or item is being detained, seized or embargoed
			 by the Department and warning all persons that it may not be moved from its
			 current location without written permission from the Department.
(2) The Department shall notify in writing
			 the owner or person in possession of the lot or item that the lot or item is
			 being detained, seized or embargoed by the Department.
(a) If the person in possession of the lot or
			 item is not the owner, the Department shall make a reasonable effort to notify
			 the owner.
(b) Such notification
			 shall state the reason for the Department's action and notify the owner or
			 person in possession of the right to a hearing as provided under ORS Ch.
			 183.
(c) A written request for
			 hearing on the proprietary of the detention, seizure or embargo must be filed
			 either by the owner or person in possession with the Department within 10 days
			 of receiving actual notice of the action.
(d) Any hearing shall not be held sooner than
			 10 days after the request for hearing has been received by the Department,
			 however if the lot or item subject to the Department's action is perishable, or
			 if, in the opinion of the Department, other good and sufficient reason appears,
			 the Department may, at the request of the owner or person in possession of such
			 lot or item, be held at an earlier date.
(e) Any hearing shall be conducted by an
			 administrative law judge assigned from the Office of Administrative Hearings
			 and shall be conducted pursuant to ORS Ch. 183.
(f) If the owner or person in possession does
			 not request a hearing on the propriety of the seizure, detention or embargo
			 within the time limited for making such request, the Department may summarily
			 destroy or otherwise dispose the lot or item, or, if the owner or person in
			 possession does not within 30 days after the hearing either comply with the
			 orders of the department as to reconditioning, relabeling or segregating or
			 perfect an appeal to the circuit court, the department may summarily destroy or
			 otherwise dispose of the subject matter of the action.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-1000 - Violations and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may impose a civil penalty not to exceed $2,500 on a person for violating:
(a) A provision of ORS
			 571.260 to ORS
			 571.348;
(b) A rule adopted under a provision of ORS
			 571.260 to ORS
			 571.348; or
(c) An order issued by the Department
			 pursuant to a provision of ORS
			 571.260 to ORS
			 571.348, or a rule adopted
			 thereunder, including a detainment order.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-1001 - Presumptive Marijuana Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is a Class I violation of these rules
			 to:
(a) Produce cannabis that is determined to
			 be presumptively marijuana in accordance with OAR 845-026-4100 and the
			 presumption is not rebutted in accordance with OAR 603-048-8010 to
			 603-048-8040.
(b) Fail to timely
			 dispose of presumptive marijuana as required by OAR 603-048-8020 or
			 603-048-8030.
(c) Fail to permit or
			 cooperate as described in OAR 603-048-0650 with an inspection to conduct
			 presumptive marijuana sampling as described in OAR 603-048-8010 by Department
			 or its designee.
(d) Fail to comply
			 with a detainment, seizure, embargo, or disposal order issued as described in
			 OAR 603-048-8040.
(e) Fail to
			 timely comply with any other requirement in 603-048-8010 to 8040.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-1100 - Licensees Certified or Licensed by OLCC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees certified by OLCC under ORS
			 571.336 must comply with all
			 applicable OLCC rules.
(2)
			 Licensees licensed by OLCC under ORS
			 475C.065,
			 475C.085,
			 475C.093, or
			 475C.097 must comply with all
			 applicable OLCC rules.
Statutory/Other Authority: ORS
				  561.190 & ORS
				  571.260 -
				  571.348
Statutes/Other Implemented: ORS
				  571.260 -
				  571.348
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-1500 - Retail Sale Requirements; Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, "consumer"
			 means a person who purchases, acquires, owns, holds or uses an industrial hemp
			 commodity or products other than for the purpose of resale.
(2) A person may not sell, transfer or
			 deliver to a consumer an industrial hemp commodity or product that contains
			 cannabinoids and is intended for human consumption unless:
(a) If it is a hemp item, the hemp item has
			 been tested in accordance with ORS
			 571.330 and OAR 603-048-2300 to
			 603-048-2500;
(b) If the hemp
			 commodity or product is intended for human consumption by ingestion, the hemp
			 commodity or product was processed in a facility licensed by the State
			 Department under ORS 616.695 to
			 616.755 or in a facility in
			 another state or jurisdiction that meets requirements substantially similar to
			 requirements established under ORS
			 616.695 to
			 616.755;
(c) The person obtains and maintains
			 documentation of the results of any testing required under these
			 rules;
(d) If the industrial hemp
			 commodity or product is sold to a person under 21 years of age or any
			 representations are made to the consumer about the concentration of
			 delta-8-tetrahydrocannabinol, the results of the testing required under this
			 subsection demonstrate the concentration of
			 delta-8-tetrahydrocannabinol;
(e)
			 The industrial hemp commodity or product does not contain more than 0.3 percent
			 tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under
			 federal law, whichever is greater; and
(f) The industrial hemp commodity or product
			 does not exceed the concentration of adult use cannabinoids established by OAR
			 845-026-0100, OAR 845-026-0300, and OAR 845-026-0400.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-1600 - Prohibitions on Adulteration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee may not supply, transfer, or sell adulterated industrial hemp for
			 human consumption or hemp items.
(2) A licensee may not treat or otherwise
			 adulterate hemp or a hemp item with any chemical, biologically active drug,
			 plant, substance, including nicotine, or other compound that has the effect or
			 intent of altering the usable hemp's color, appearance, weight or
			 smell.
(3) "Adulterated" means to
			 make industrial hemp for human consumption or a hemp item impure by adding or
			 applying foreign or inferior ingredients or substances, including but not
			 limited if the hemp or hemp item:
(a) In the
			 Department's judgment, bears or contains any poisonous or deleterious substance
			 in a quantity rendering it injurious in a manner that may pose a risk to human
			 health, including but not limited to tobacco or nicotine;
(b) Bears or contains any added poisonous or
			 deleterious substance exceeding a safe tolerance if such tolerance has been
			 established;
(c) Consists in whole
			 or in part of any filthy, putrid, or decomposed substance, or otherwise is
			 unfit for human consumption;
(d) Is
			 processed, prepared, packaged, or is held under improper time-temperature
			 conditions or under other conditions increasing the probability of
			 contamination with excessive microorganisms or physical contaminants;
(e) Is processed, prepared, packaged, or held
			 under insanitary conditions increasing the probability of contamination or
			 cross-contamination;
(f) Is held or
			 packaged in containers composed, in whole or in part, of any poisonous or
			 deleterious substance rendering the contents potentially injurious to
			 health;
(g) Any substance has been
			 substituted wholly or in part therefor;
(h) Damage or inferiority has been concealed
			 in any manner; or
(i) Any substance
			 has been added thereto or mixed or packaged therewith so as to increase its
			 bulk or weight, or reduce its quality or strength, or make it appear better or
			 of greater value than it is;
(j) Is
			 treated with a pesticide that is not on the Hemp Program's guide list or
			 approved by the EPA for use on industrial hemp.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2300 - Testing of Industrial Hemp for Human Consumption and Hemp Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A grower or
			 handler may not sell or transfer industrial hemp for human consumption or a
			 hemp item unless it is first tested by a laboratory as required by these
			 rules.
(2) Violations of these
			 rules may result in the suspension or revocation of a licensee's license or the
			 imposition of civil penalties, or both. Violations include:
(a) Failure to test industrial hemp for human
			 consumption or a hemp item in accordance with these rules;
(b) Selling, transferring, or attempting to
			 sell or transfer industrial hemp for human consumption or a hemp item that
			 fails to meet testing requirements required by these rules;
(c) Failure to maintain a copy of all
			 required test reports as required by OAR 603-048-0500; and
(d) Failure to report failed test results to
			 the Department electronically to HempTestReports@oda.oregon.gov using the forms
			 provided by the Department within 24 hours after receipt of failed
			 result.
(e) Altering or falsifying
			 a laboratory test report or result.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2305 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 603-048-2300 to 603-048-2500 is to establish minimum testing standards for
			 industrial hemp for human consumption and hemp items.
(2) All references to OAR Chapter 333,
			 Division 7 refer to the rules in effect as of March 31,
			 2022.
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281, ORS
				  571.285, ORS
				  571.322, ORS
				  571.330 & ORS
				  571.337
Statutes/Other Implemented: ORS
				  571.322, ORS
				  571.330, ORS
				  571.337, ORS
				  571.333, ORS
				  571.336, ORS
				  571.339 & ORS
				  571.348
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2310 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Added substance" means any component or
			 ingredient added to usable hemp, cannabinoid concentrate or cannabinoid extract
			 during or after processing that is present in the finished hemp cannabinoid
			 product, including but not limited to flavors, non-cannabis derived terpenes,
			 and any substances used to change the viscosity or consistency of the
			 cannabinoid product.
(2) "Adult use
			 cannabinoid" includes, but is not limited to, tetrahydrocannabinols,
			 tetrahydrocannabinolic acids that are artificially or naturally derived,
			 delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, the optical isomers
			 of delta-8-tetrahydrocannabinol or delta-9 tetrahydrocannabinol and any
			 artificially derived cannabinoid that is reasonably determined to have an
			 intoxicating effect.
(3)
(a) "Artificially derived cannabinoid" means
			 a chemical substance that is created by a chemical reaction that changes the
			 molecular structure of any chemical substance derived from the plant Cannabis
			 family Cannabaceae.
(b)
			 "Artificially derived cannabinoid" does not include:
(A) A naturally occurring chemical substance
			 that is separated from the plant Cannabis family Cannabaceae by a chemical or
			 mechanical extraction process;
(B)
			 Cannabinoids that are produced by decarboxylation from a naturally occurring
			 cannabinoid acid without the use of a chemical catalyst; or
(C) Any other chemical substance identified
			 by the Commission, in consultation with the Authority and the Department of
			 Agriculture, by rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2315 - Ordering Tests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A grower or
			 handler must provide a laboratory, prior to the laboratory taking samples, with
			 at a minimum the following information:
(a)
			 The handler's or grower's license number.
(b) The name, address and contact information
			 of the grower or handler.
(c)
			 Whether the hemp items are subject to tracking in CTS.
(d) Identification as hemp and type of hemp
			 item.
(e) Harvest lot identifier
			 that is associated with the batch, if applicable.
(f) Process lot identifier that is associated
			 with the batch, if applicable.
(g)
			 Batches to be sampled.
(h) Total
			 mass or volume of each batch to be sampled.
(i) For hemp cannabinoid products, all
			 intended units of sale.
(j)
			 Identification of the test or tests the laboratory is being requested to
			 conduct.
(k) Whether the test or
			 tests being requested are compliance tests.
(l) Whether the test or tests being requested
			 are for quality control, research and development, or any purpose other than a
			 compliance test.
(m) Whether a
			 batch is being re-sampled because of a failed test, the date the failed test
			 result was received by the licensee and laboratory identification number of the
			 laboratory that conducted the initial test.
(n) Whether the hemp or hemp item was
			 remediated, if remediation is permitted under OAR 603-048-2450.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2320 - Compliance Testing Requirements for Industrial Hemp for Human Consumption and Usable Hemp

Current through Register Vol. 63, No. 7, July 1, 2024
A grower or handler must have every batch of industrial hemp
				for human consumption, usable hemp, and hemp stalks, tested as required and in
				the same manner as marijuana under OAR 333-007-0320 prior to sale or
				transfer.
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281 & ORS
				  571.330
Statutes/Other Implemented: ORS
				  571.330 & ORS
				  571.339
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2330 - Compliance Testing Requirements for Hemp Concentrate or Extract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A handler must
			 have every process lot of a hemp concentrate or extract, including kief,
			 intended for use by a handler to make a hemp cannabinoid product tested in the
			 same manner as a cannabinoid concentrate or extract under OAR 333-007-0330(2)
			 prior to sale or transfer, except for a hemp extract or concentrate that meets
			 the criteria in section (5) of this rule.
(2) A handler must have every process lot of
			 a finished hemp concentrate or extract, including kief, tested in the same
			 manner as a finished cannabinoid concentrate or extract under OAR
			 333-007-0330(1) prior to sale or transfer.
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281 & ORS
				  571.330
Statutes/Other Implemented: ORS
				  571.330 & ORS
				  571.339
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2340 - Compliance Testing Requirements for Hemp Cannabinoid Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A handler must
			 have every process lot of a finished hemp cannabinoid product prior to sale or
			 transfer to a consumer tested for THC and CBD concentration in the same manner
			 as cannabinoid products under OAR 333-007-0340.
(2) A handler must have a process lot of a
			 finished hemp cannabinoid product tested for microbiological contaminants in
			 accordance with OAR 333-007-0390, upon written request by the
			 Department.
Statutory/Other Authority: ORS
				  561.190 & ORS
				  571.300 -
				  571.348
Statutes/Other Implemented: ORS
				  571.300 -
				  571.348
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2342 - Compliance Testing Requirements for Industrial Hemp-Derived Vapor Items

Current through Register Vol. 63, No. 7, July 1, 2024
A handler must ensure that every process lot of an industrial
				hemp-derived vapor item for use by a consumer is tested as described in OAR
				333-007-0342 prior to sale or transfer.
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281 & ORS
				  571.330
Statutes/Other Implemented: ORS
				  571.263, ORS
				  571.281 & ORS
				  571.330
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2350 - Batch Requirements for Compliance Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Usable hemp. A handler must separate each
			 harvest lot of usable hemp and industrial hemp intended for human consumption
			 into no larger than 50.0 pound batches.
(2) Hemp concentrates or extracts:
(a) A process lot of a hemp concentrate or
			 extract is considered a batch.
(b)
			 A batch of hemp concentrate or extract must be produced using a standard
			 operating procedure and result in one finished hemp concentrate or extract that
			 is uniform in texture and form.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2380 - Site Requirements for Labeling, Storing, and Securing Pre-Tested Industrial Hemp for Human Consumption or Hemp Items; Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a laboratory has taken samples from
			 a harvest or process lot batch, the grower or handler must:
(a) Label the batch with the following
			 information:
(A) The grower or handler's
			 license number;
(B) The harvest or
			 process lot identifier;
(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, "ITEM NOT TESTED."
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2440 - Control Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A handler may
			 request that a laboratory perform a control study on hemp concentrates,
			 extracts, or cannabinoid products in accordance with OAR
			 333-007-0440(1).
(2) To be
			 sufficient to satisfy the requirements of a control study under these rules, a
			 laboratory must:
(a) Conduct the control
			 study in accordance with OAR 333-007-0440; and
(b) Identify on a form prescribed by the Department if a batch
			 undergoing a control study passed testing requirements identified in OAR 333-
			 007-0440(6), and must send the form at the handler's request to the
			 Department:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2450 - Failed Test Samples

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a sample
			 or a duplicate sample (collectively referred to as "sample" for the purposes of
			 this rule) fails any initial test, the laboratory that did the testing may
			 reanalyze the sample. The laboratory that did the initial test may not
			 subcontract the reanalysis. If a primary sample or a duplicate sample fails,
			 both must be reanalyzed. If the sample passes, another laboratory must resample
			 the batch and confirm that result in order for the batch to pass testing.
(a) If a grower or handler wishes to have a
			 sample reanalyzed, the grower or handler must request a reanalysis within seven
			 (7) calendar days from the date the laboratory sent notice of the failed test
			 to the grower or handler. The reanalysis must be completed by the laboratory
			 within 30 calendar days from the date the reanalysis was requested.
(b) If a grower or handler has requested a
			 reanalysis in accordance with subsection (1)(a) of this rule and the sample
			 passes, the handler has seven (7) calendar days from the date the laboratory
			 sent notice of the passed test to request that another laboratory resample the
			 batch and confirm the passed test result. The retesting must be completed by
			 the second laboratory within 30 calendar days from the date the retesting was
			 requested.
(c) A grower or handler
			 must inform the Department within 24 hours, of the following, electronically to
			 HempTestReports@oda.oregon.gov using the forms provided the Department:
(A) A request for reanalysis of a
			 sample;
(B) The testing results of
			 the reanalysis;
(C) A request for
			 retesting; and
(D) The results of
			 retesting.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2480 - Additional Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may require a licensee to submit samples identified by the
			 Department to a laboratory of the licensee's choosing to be tested in order to
			 determine whether a licensee is in compliance with OAR 603-048-2300 through
			 603-048-2500 or any other rule of the Department, and may require additional
			 testing that is not required by these rules.
(2) To be sufficient to meet the requirement
			 for audit testing under this rule, a licensee must ensure, through a testing
			 agreement or contract, that the laboratory conducting the testing complies with
			 these rules, to the extent they are applicable, and if conducting testing not
			 required by these rules, may only use Authority approved methods.
(3) The Department may establish a process
			 for the random testing of hemp items for microbiological
			 contaminants.
(4) Any testing
			 ordered under this rule must be paid for by the licensee.
(5) The Department may obtain a hemp item
			 from a person at any time and have it tested to ensure compliance with these
			 rules and OAR chapter 333, division 7, or to protect the public health and
			 safety.
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281 & ORS
				  571.330
Statutes/Other Implemented: ORS
				  571.263, ORS
				  571.281 & ORS
				  571.330
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-2500 - Quality Control and Research and Development Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person 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.
(2) A person must ensure that relevant
			 information regarding the licensee or manufacturer of the item is provided to
			 the laboratory conducting the test in accordance with OAR
			 603-048-2315.
(3) A person may not
			 request that a laboratory conduct pesticide testing on industrial hemp or hemp
			 items for the purpose of quality control, research and development, or any
			 purpose other than compliance testing. A pesticide test on industrial hemp or
			 hemp items is considered by the Department to be a compliance test. Test
			 results may be used by the Department, including the Department's Pesticide
			 Program, for enforcement of state pesticide laws and rules.
(4) A person that submits industrial hemp or
			 hemp items for quality control or research and development testing is not
			 subject to OAR 603-048-2320 to 603-048-2470.
(5) A laboratory result from a quality
			 control or research and development test cannot be used as a compliance test
			 result and industrial hemp or a hemp item that has only undergone a quality
			 control or research and development test may not be transferred or sold, unless
			 the hemp item has also passed required compliance testing.
(6) 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
			 Department.
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281, ORS
				  571.330 &
				  571.339
Statutes/Other Implemented: ORS
				  561.190, ORS
				  571.263, ORS
				  571.281, ORS
				  571.330 &
				  571.339
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-8010

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  561.190, ORS
				  571.260 -
				  571.348 & OL 2021, Ch.
				  542
Statutes/Other Implemented: ORS
				  571.260 -
				  571.348 & OL 2021, Ch.
				  542
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-8020

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  561.190, ORS
				  561.605 -
				  561.620, ORS
				  571.260 -
				  571.348 & OL 2021, Ch.
				  542
Statutes/Other Implemented: OL 2021, Ch. 542 & ORS
				  571.263
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-8030

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  561.190, ORS
				  561.605 -
				  561.620, ORS
				  571.260 -
				  571.348 & OL 2021, Ch.
				  542
Statutes/Other Implemented: OL 2021, Ch. 542 & ORS
				  571.263
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-8040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  561.190, ORS
				  561.605 -
				  561.620, ORS
				  571.260 -
				  571.348 & OL 2021, Ch.
				  542
Statutes/Other Implemented: OL 2021, Ch. 542 & ORS
				  571.263
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 50 - GENERAL › Section 603-050-0200 - Declaration of Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Providing and maintaining a voluntary program for the
				identification and standards relating to controlled atmosphere storage of
				produce are functions of state government, the responsibilities of which are
				vested in the Department in keeping with ORS
				632.460 and
				632.905.
Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS
				  632.460 & ORS
				  632.905
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 50 - GENERAL › Section 603-050-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-050-0200 to 603-050-0230, unless the context
				requires otherwise:
(1)
			 "Certification" means the issuance of a certificate by the Department bearing
			 official identification and verifying that the provisions of OAR 603-050-0210
			 to 603-050-0225 have been met as to any particular quantity or lot of apples or
			 pears.
(2) "Controlled Atmosphere
			 Storage" means any produce storage establishment, or one or more rooms therein,
			 in which the atmospheric gases are controlled in their amount or in degrees of
			 temperature for the purpose of controlling the condition and maturity of fresh
			 apples or pears.
(3) "Official
			 Identification" means the tag or label prescribed by the Department for an
			 operator of a controlled atmosphere storage, which contains the number assigned
			 to such operator preceded by the letters "CA", and which may be affixed to a
			 particular quantity or lot of apples or pears. Such tag or label shall conform
			 to the size requirements set forth in subsection (3) of ORS
			 632.450.
Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS
				  632.460 & ORS
				  632.905