reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8080 - Removal of Objectionable and Non-Conforming Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 remove any sign, display, or advertisement if the Commission finds it violates
			 these rules.
(2) The Commission
			 will notify the licensee and specify a reasonable time period for the licensee
			 to remove any sign, display or advertisement that the Commission finds
			 objectionable.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.017
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8500 - Responsibility of Licensee, Responsibility for Conduct of Others

Current through Register Vol. 63, No. 7, July 1, 2024
Each licensee is responsible for violations of any provision of
				ORS 475C affecting the licensed privileges, or these rules and for any act or
				omission of a licensee representative that violates any law, administrative
				rule, or regulation affecting the licensed privileges.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.017
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8520 - Prohibited Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sale to a
			 Minor. A licensee or permittee may not sell, deliver, transfer or make
			 available any marijuana item or hemp item to a person under 21 years of age
			 unless the individual holds a valid OMMP patient or designated primary
			 caregiver card.
(a) Violation of this section
			 for an intentional sale to a minor by licensee or permittee or licensee
			 representative is a Category II violation.
(b) Violation of this section for other than
			 intentional sales is a Category II(b) violation.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8540 - Dishonest Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) False
			 Statements. A licensee, laboratory licensee, or permittee may not:
(a) Make a false statement or representation
			 to the Commission or law enforcement in order to induce or prevent action or
			 investigation by the Commission or law enforcement. Violation of this
			 subsection is a Category II violation.
(b) If the Commission finds that the false
			 statement or representation was intentional, the Commission may charge the
			 violation as a Category I violation and could result in license or permit
			 revocation.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8550 - History of Lack of Institutional Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may cancel, suspend,
			 restrict or require mandatory training for any license issued under 475C.005 to
			 475C.525, or impose a civil penalty in lieu of or in addition to a suspension,
			 if the commission finds or has reasonable grounds to believe there is a history
			 of a lack of institutional control involving the operation or premises for
			 which a license has been issued, or the employees, agents or representatives of
			 the licensee, or the CTS account of the licensee.
(2) A history of lack of institutional
			 control:
(a) Means violations of Commission
			 statutes or rules have been observed at the premises and the licensee failed to
			 show adequate compliance measures, education of employees, agents, or licensee
			 representatives on those compliance measures, and prompt action upon learning
			 of deficiencies in compliance measures; and
(b) Is based on the nature, number and
			 circumstances of the incidents, and can include incidents at the licensed
			 premises that were not themselves the subject of violation charges.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8560 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may conduct:
(a) An inspection at any time to
			 ensure that a registrant, licensee or permittee is in compliance with ORS 475C
			 or these rules; or
(b) Compliance
			 transactions in order to determine whether a licensee or permittee is complying
			 with ORS 475C or these rules.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8570 - Uniform Standards for Minor Decoy Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. ORS
			 475C prevents anyone who has not reached 21 years of age from obtaining
			 marijuana or marijuana items. It is the Commission's intention that decoy
			 operations are to be an impartial test of a licensee's ability and willingness
			 to obey laws on preventing sale marijuana or marijuana items to
			 minors.
(2) Uniform standards for
			 minors used in minor decoy operations:
(a)
			 The minor must be under 21 years of age; and
(b) The minor may not use false
			 identification; and
(c) The minor
			 may not lie about their age.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8575 - Restricting License Privileges and Conduct of Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may issue a restricted
			 license when in the absence of a restriction, the Commission has a basis to
			 cancel, suspend/fine or deny the license.
(2) The Commission may restrict a license
			 when, in addition to all or part of a suspension or civil penalty, a
			 restriction may prevent the recurrence of the problem(s) that caused the
			 violation(s).
(3) A licensee will
			 be notified in writing by the Commission if it intends to restrict the license
			 and the licensee will be given the opportunity to appeal the proposed
			 restriction in accordance with ORS Chapter 183.
(4) A licensee who has a restricted license
			 may only exercise license privileges in compliance with the restrictions.
			 Failure to comply with any restriction is a Category I violation.
(5) A restriction remains in effect until the
			 Commission removes it. The licensee may request in writing that the Commission
			 remove or modify a restriction. The written request must explain why the
			 licensee believes the Commission should remove or modify the restriction. The
			 Commission will notify the licensee, in writing, of its decision to approve or
			 deny the request and the basis for its decision. If the Commission denies the
			 request, the licensee has the right to a hearing under the procedures in ORS
			 Chapter 183.
Statutory/Other Authority: ORS
				  475C.037 & ORS
				  475C.265
Statutes/Other Implemented: ORS
				  475C.265
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8580 - Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before 7:00
			 a.m. on the date a license suspension goes into effect, and until the
			 suspension is completed, Commission staff must ensure that a suspension notice
			 sign is posted on each outside entrance or door to the licensed
			 premises.
(2) The suspension notice
			 sign must be posted in a way that allows any person entering the premises to
			 read it. Licensees must use the suspension notice sign provided by the
			 Commission. The sign will state that the license has been suspended by order of
			 the Commission due to violations of the recreational marijuana laws (statutes
			 or administrative rule) of Oregon. If there are multiple licenses at the
			 location, the sign will specify which license privileges have been
			 suspended.
(3) During the period of
			 license suspension, the licensee is responsible for ensuring:
(a) Compliance with all applicable laws and
			 rules; and
(b) That the suspension
			 notice sign is not removed, altered, or covered.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8590 - Suspension, Cancellation, Civil Penalties, Sanction Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may suspend or cancel:
(a) A license issued
			 under ORS 475C.005 to
			 475C.525 or
			 475C.548.
(b) A marijuana worker permit issued under
			 ORS 475C.269.
(c) A research certificate issued under ORS
			 475C.289.
(d) An industrial hemp certificate issued
			 under OAR 845-025-2700 or
			 845-025-2705.
(e) A laboratory license issued under ORS
			 475C.548.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8700 - Prohibited Interests in the Marijuana Industry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For purposes of this rule:
(a) "Business connections" include, but are
			 not limited to, the following behaviors and relationships:
(A) Knowingly providing anything of value to
			 a business licensed by the Commission in return for something of value except
			 for the exchange of commodities or services that are routinely provided to the
			 general public under the same terms; and
(B) Partnerships with a licensee and similar
			 ventures formed for the purpose of making a profit.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8750 - License Surrender

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee may request the Commission to accept the surrender
				of a license. The license remains in effect until the Commission accepts the
				surrender. If the Commission accepts the surrender, the Commission will notify
				the licensee of the date of acceptance. The licensee must cease all license
				privileges from on this date through the remainder of the licensing period. The
				licensee must apply for and receive a new license before engaging in any
				licensed activities.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.017
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-8760 - Recommendation of Licensee in Good Standing for another Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A current
			 licensee of the Commission may request that the Commission provide a letter
			 representing that the licensee is in good standing ("letter of good standing")
			 for the purpose of a licensee seeking licensure in another state. The
			 Commission will only provide such a letter if the licensee:
(a) Has no pending violations being
			 investigated or violations that are the subject of an administrative
			 hearing.
(b) Has not had any
			 adjudicated Category II through V violations in the last two years.
(c) Has filed all marijuana tax returns
			 required by ORS 475C.682 and paid the tax as
			 reported on those returns or as adjusted by the Department of Revenue. A
			 retailer may demonstrate compliance with this requirement with a letter of good
			 standing issued by the Department of Revenue.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR
				845-025-1015, unless otherwise
				specified, the following definitions apply to OAR
				845-026-0100 to
				845-026-7070:
(1) "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.
(2) "Adult use
			 cannabis item"
(a) Means:
(A) A marijuana item;
(B) An industrial hemp commodity or product
			 that meets the criteria in OAR
			 845-026-0300; or
(C) An industrial hemp commodity or product
			 that exceeds the greater of:
(i) A
			 concentration of more than 0.3 percent total delta-9-tetrahydrocannabinol;
			 or
(ii) The concentration of total
			 delta-9-tetrahydrocannabinol allowed under federal law.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-0200 - Marijuana Concentration and Serving Size Limits: Definitions, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 845-026-0200 through
			 845-026-0220 apply to:
(a) A licensee as that term is defined in OAR
			 845-025-1015; and
(b) A person registered with the Oregon
			 Health Authority under ORS
			 475C.770 to
			 475C.919 who is not exempt under
			 ORS 475C.624.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-0210 - Retail Marijuana Item Concentration and Serving Size Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The maximum
			 concentration or amount of total delta-9-THC permitted in a container and the
			 maximum concentration or amount of total delta-9-THC permitted in a serving of
			 a retail adult use marijuana item is listed in Table 1, incorporated by
			 reference.
(2) A retail adult use
			 marijuana item may not contain any artificially derived cannabinoids except as
			 allowed by OAR 845-025-1310.
(3) Cannabinoid edible serving size
			 identification:
(a) A retail adult use
			 marijuana item that is a cannabinoid edible must be scored, except as provided
			 in subsections (b) and (c) of this section.
(b) If a retail adult use marijuana item is a
			 cannabinoid edible that is not solid, or is incapable of being scored due to
			 its texture or consistency, the cannabinoid edible must be:
(A) Sold and packaged with a measuring device
			 that measures single servings; or
(B) Placed in packaging that clearly enables
			 a consumer to determine when a single serving has been consumed.
(c) If a retail adult use
			 marijuana item is a cannabinoid edible that does not exceed 55 milligrams of
			 total delta-9 THC in the package, the cannabinoid edible must be:
(A) Scored;
(B) Sold and packaged with a measuring device
			 that measures single servings; or
(C) Placed in packaging that clearly enables
			 a consumer to determine when a single serving has been consumed.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-0220 - Medical Marijuana Item Concentration Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The maximum
			 concentration or amount of THC permitted in a container and the maximum
			 concentration or amount of THC permitted in a serving of a medical marijuana
			 item is listed in Table 2, incorporated by reference.
(2) A medical marijuana item may not contain
			 any artificially derived cannabinoids except as allowed by OAR
			 845-025-1310.
(3) A cannabinoid edible must be scored. If
			 the cannabinoid edible is not capable of being scored, the cannabinoid edible
			 must be:
(a) Sold and packaged with a
			 measuring device that measures single servings; or
(b) Placed in packaging that clearly enables
			 a patient to determine when a single serving has been consumed, as that serving
			 size is determined by the processor.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-0300 - Adult Use Cannabis Item

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 industrial hemp commodity or product is an adult use cannabis item if it is a
			 hemp item as defined in OAR
			 603-048-2310 and:
(a) Contains 0.5 milligrams or more of:
(A) Total delta-9-THC;
(B) Any other tetrahydrocannabinol or
			 tetrahydrocannabinolic acid, including delta-8-tetrahydrocannabinol;
			 or
(C) Any other cannabinoids
			 advertised by the manufacturer or seller as having an intoxicating
			 effect;
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-0400 - Hemp Item Concentration and Serving Size Limits: Definitions, Purpose, Scope and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability.
(a) Except as provided in
			 subsection (b) of this section, this rule applies to industrial hemp products
			 that:
(A) Contain cannabinoids and are
			 intended for consumption or use; and
(B) Are offered for sale or transfer to a
			 consumer in Oregon or imported into Oregon for delivery to a consumer on or
			 after July 1, 2022.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-4100

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  475C.017 & 2021 OL Ch. 542
				  Sec. 41a
Statutes/Other Implemented: ORS
				  475C.017 & 2021 OL Ch. 542
				  Sec. 41a
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-4110 - Presumptive Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of this rule:
(a) "Crop" has the meaning
			 given that term in OAR
			 603-048-0010.
(b) "Composite Sample" means cuttings from at
			 least five cannabis plants removing the top five to eight inches and
			 compositing in one receptacle for purposes of testing.
(c) "Grow site" has the meaning given that
			 term in OAR 603-048-0010.
(d) "Presumptive test" means testing in
			 accordance with this rule.
(e)
			 "Production area" has the meaning given that term in OAR
			 603-048-0010.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-5700 - Industrial Hemp-derived Vapor Item Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hemp vapor item manufacturer must
			 comply with the Authority's testing rules in OAR
			 333-007-0300 to
			 333-007-0490 and OAR 333,
			 division 64 prior to the sale or transfer of an industrial hemp-derived vapor
			 item, as specified in those rules.
(2) The Commission may impose a civil penalty
			 of up to $500 per day per violation for failure to comply with this rule unless
			 the person is a hemp handler licensed under ORS
			 571.281.
(3) This rule is effective on and after July
			 1, 2022.
Statutory/Other Authority: ORS
				  475C.898 & ORS
				  475C.544
Statutes/Other Implemented: ORS
				  475C.898 & ORS
				  475C.544
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-5760 - Audit, Compliance, and Random Testing of Industrial Hemp-derived Vapor Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission may require a hemp vapor item manufacturer to submit samples
			 identified by the Commission of an industrial hemp-derived vapor item to a
			 laboratory of the Commission's choosing to be tested in order to determine
			 whether a hemp vapor item manufacturer is in compliance with the marijuana
			 testing rules found in Chapter 333, Division 7 of the Oregon Administrative
			 Rules or other rules of the Commission and may require additional testing that
			 is not required by these rules.
(2)
			 A laboratory doing audit testing must comply with these rules, to the extent
			 they are applicable, and if conducting testing not required by these rules, may
			 only use Authority approved methods, unless otherwise authorized by the
			 Commission.
(3) The Commission may,
			 at any time, require a hemp vapor item manufacturer to permit the sampling of
			 or submit a sample of an industrial hemp-derived vapor item to the Commission
			 for testing. Such testing may include testing for:
(a) Any microbiological
			 contaminant.
(b) Heavy
			 metals.
(c) Other adulterants,
			 pesticides, solvents, additives or contaminants that may pose a risk to public
			 health and safety, or are prohibited by law.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-5770 - Audit, Compliance, and Random Testing of Industrial Hemp or Industrial Hemp Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission may require a person to submit samples identified by the Commission
			 of industrial hemp or industrial hemp items to a laboratory of the Commission's
			 choosing to be tested in order to determine whether a person is in compliance
			 with ORS 475C.213, ORS
			 475C.257, OAR
			 845-026-0300 to
			 845-026-0400 or any other rules
			 of the Commission and may require additional testing that is not required by
			 these rules.
(2) A laboratory doing
			 audit testing must comply with these rules, to the extent they are applicable,
			 and if conducting testing not required by these rules, may only use Authority
			 approved methods, unless otherwise authorized by the Commission.
(3) A person shall submit all samples
			 required for testing under this rule within a timeframe established by the
			 Commission.
Statutory/Other Authority: ORS
				  475C.540 &
				  475C.544
Statutes/Other Implemented: ORS
				  475C.540 &
				  475C.544
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-7000 - Industrial Hemp-derived Vapor Item Labeling - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				845-026-7000 to
				845-026-7070, unless otherwise
				specified:
(1) "Activation time" means
			 the amount of time it is likely to take for an individual to begin to feel the
			 effects of ingesting or inhaling an industrial hemp-derived vapor
			 item.
(2) "Attractive to minors"
			 means packaging, receptacles, inhalant delivery devices, labeling, and
			 marketing that features:
(3)
			 "Batch" means a specific quantity of an industrial hemp-derived vapor item that
			 is intended to have uniform character and quality, within specified limits, and
			 is produced according to a single manufacturing order during the same cycle of
			 manufacture.
(a) Cartoons;
(b) A design, brand, or name that resembles a
			 non-cannabis consumer product of the type that is typically marketed to
			 minors;
(c) Symbols or celebrities
			 that are commonly used to market products to minors;
(d) Images of minors; and
(e) Words that refer to products that are
			 commonly associated with minors or marketed by minors.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-7010 - Industrial Hemp-derived Vapor Item Labeling: Purpose, Scope, and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 846-026-7000 through
			 845-026-7070 is to set the
			 minimum standards for the labeling of industrial hemp-derived vapor items that
			 are for ultimate sale or transfer to a consumer at a retailer. These minimum
			 standards are applicable to any person manufacturing a hemp-derived vapor item
			 that will be transferred to a person other than a Commission licensee pursuant
			 to ORS 571.336 and
			 571.337 and includes:
(a) A hemp handler that is licensed with the
			 Oregon Department of Agriculture under ORS
			 571.281 to process industrial
			 hemp into commodities, products or agricultural hemp seed.
(b) Any other person who is responsible for
			 the labeling of an industrial hemp-derived vapor item sold in
			 Oregon.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-7030 - Industrial Hemp-derived Vapor Item Labeling for Sale to Consumer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A label
			 required by these rules must:
(a) Be printed
			 on or affixed to the container holding the industrial hemp-derived vapor item
			 and printed on or affixed to any outer package or container that is used to
			 display the industrial hemp-derived vapor item for sale or transfer to a
			 consumer;
(b) Comply with the
			 National Institute of Standards and Technology (NIST) Handbook 130 (2016),
			 Uniform Packaging and Labeling Regulation, incorporated by reference;
(c) Contain all required information in any
			 typed, legible font that is easy to read and contrasts sufficiently with the
			 background and is at least 1/16th of an inch in height based on the uppercase
			 "K";
(d) Be in English, though it
			 can also be in other languages; and
(e) Be unobstructed and
			 conspicuous.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-7040 - Industrial Hemp-derived Vapor Item Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to an industrial hemp-derived vapor item being sold or
				transferred to a consumer, the container holding industrial hemp-derived vapor
				item must have a label that has the following information:
(1) The hemp vapor item manufacturer's
			 business, trade name, or personal name, and, if applicable, Oregon Department
			 of Agriculture license number;
(2)
			 Product identity that correctly identifies the item as either an industrial
			 hemp concentrate or extract;
(3)
			 Date the industrial hemp-derived vapor item was made;
(4) Net weight or volume in U.S. customary
			 and metric units;
(5) Serving size
			 and number of servings per container;
(6) Amount, in milligrams, of THC and CBD in
			 each serving and in the container;
(7) Activation time, expressed in words or
			 through a pictogram;
(8) Name of
			 the laboratory that performed any test and any test analysis date;
(9) Hemp symbol;
(10) A statement that reads: "This product is
			 not approved by the FDA to treat, cure, or prevent any disease";
(11) Warnings that state:
(a) "This product is derived from hemp and
			 could contain THC. Keep out of reach of children."
(b) "DO NOT EAT" in bold, capital
			 letters.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-7060 - Industrial Hemp-derived Vapor Item Labeling Pre-approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 selling, offering for sale, or transferring an industrial hemp-derived vapor
			 item that is for ultimate sale to a consumer, a hemp vapor item manufacturer
			 must submit a label application to and receive approval from the Commission.
			 The initial submission shall be made electronically if required by the
			 Commission. The hemp vapor item manufacturer must submit a physical prototype
			 upon request by the Commission.
(2)
			 Except as provided in sections (5) to (7) of this rule, the packaging and label
			 applications must be accompanied by the following:
(a) A fee as specified in OAR
			 845-025-1060; and
(b) Information including but not limited to:
(A) A picture of and description of the item
			 to be placed in the package.
(B)
			 For label applications for an industrial hemp-derived vapor item that contain
			 non-cannabis additives:
(i) The non-cannabis
			 additive's list of ingredients from the non-cannabis additive's manufacturer;
			 and
(ii) In a form and manner
			 prescribed by the Commission, information regarding the manufacturer of the
			 non-cannabis additive, the additive or additives being used by the hemp vapor
			 item manufacturer, and attestation by the hemp vapor item manufacturer of the
			 accuracy of the information submitted for label pre-approval.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 26 - ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS › Section 845-026-7070 - Industrial Hemp-derived Vapor Item Labeling Prohibited Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may impose a civil penalty of up to $500 per day
				per violation unless the person is a hemp handler licensed under ORS
				571.281 for any of the
				following:
(1) Failure to comply with
			 these rules.
(2) Transferring,
			 selling or offering to sell an industrial hemp-derived vapor item for ultimate
			 sale to a consumer to another hemp vapor item manufacturer that is not labeled
			 in accordance with these rules.
(3)
			 Failing to receive label approval prior to transferring, selling, or offering
			 for sale an industrial hemp-derived vapor item that is for ultimate sale to a
			 consumer.
(4) Transferring,
			 selling, or offering for sale an industrial hemp-derived vapor item that has
			 not received label approval.
(5)
			 Selling or offering to sell an industrial hemp-derived vapor item under a
			 different label than what was approved.
offering for sale an industrial hemp-derived vapor item that
				has not received label approval.
(5) Selling or offering to sell an industrial
			 hemp-derived vapor item under a different label than what was
			 approved.
Statutory/Other Authority: ORS
				  475C.604
Statutes/Other Implemented: ORS
				  475C.604
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any permanent rule,
				the Oregon Medical Board must give notice of the intended action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the intended action.
(2) Mail a copy of the notice to persons on
			 the Oregon Medical Board's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule;
(3) In regard to rules adopted on or after
			 January 1, 2006, at least 49 days before the effective date of the rule, the
			 Board must provide notice to the persons specified in ORS
			 183.335(15);
			 and
(4) Mail or furnish a copy of
			 the notice to:
(a) The Associated Press;
			 and
(b) The Capitol Press
			 Room.
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0005 - Rules for Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Medical Board adopts the Attorney General's Uniform and Model Rules for
			 Contested Cases of the Attorney General in effect on January 1, (2008), and all
			 amendments thereto are hereby adopted by reference as rules of the Oregon
			 Medical Board.
(2) The Board must
			 accept a properly addressed hearing request that was not timely filed if it was
			 postmarked within the time specified for timely filing unless the Board
			 receives the request after the entry of the final order by default.
(3) The Board may accept a late hearing
			 request other than one described in section (2) above only if:
(a) The failure to timely request a hearing
			 was due to the serious illness of a party lasting 30 days or more, the terminal
			 illness of a member of the party's immediate family, destruction of the party's
			 home or practice site, reasonable reliance on a statement of the agency
			 relating to procedural requirements, or from fraud, misrepresentation, or other
			 misconduct of the agency; and
(b)
			 The Board receives the request before the entry of a final order by
			 default.
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0007 - Agency Representation at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the approval of the Attorney
			 General, an employee of the Oregon Medical Board is authorized to appear on
			 behalf of the Board in contested case hearings conducted on civil penalties
			 issued by the Board with no other formal disciplinary action proposed against
			 the licensee.
(2) The agency
			 representative may not make legal argument on behalf of the Board.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the Board to hear the
			 contested case;
(B) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirement to an agency; and
(C)
			 The application of court precedent to the facts of the particular contested
			 case proceeding.
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0010 - Public Attendance

Current through Register Vol. 63, No. 7, July 1, 2024
Contested case hearings are closed to members of the
				public.
Stat. Auth.: ORS
				  677.265
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0015 - Delegation of Authority and Issuance of Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Medical Board (Board) has
			 delegated to the Executive Director the authority to make certain procedural
			 determinations on its behalf on matters arising under the Attorney General's
			 Model Rules for Contested Cases in OAR 137-003-0001  to 137-003-0700. The
			 procedural functions include, but are not limited to:
(a) For discovery requests before the Board,
			 authorizing or denying requested discovery in a contested case, including the
			 methods, timing and extent of discovery;
(b) Issuing a Qualified Protective Order over
			 the materials subject to discovery, for the period prior to referring a case to
			 the Office of Administrative Hearings;
(c) Reviewing all requests to take a
			 deposition of a witness and to authorize or deny any request for deposition. If
			 a request to take a deposition is authorized, the Executive Director may
			 specify the terms on which the deposition is taken, to include, but not limited
			 to the location, the manner of recording, the time of day, the persons
			 permitted to be present, and the duration of the deposition;
(d) Determining whether a request for hearing
			 filed after the prescribed time will be accepted, based upon OAR 847-001-0005.
			 In making this determination, the Executive Director may require the request to
			 be supported by an affidavit or other writing to explain why the request is
			 late and may conduct such further inquiry as deemed appropriate. If the Board
			 disputes the facts contained in the explanation as to why the request was late
			 or the accuracy of the reason that the request was late, the requestor has a
			 right to a hearing before an Administrative Law Judge (ALJ) on the reasons for
			 that factual dispute;
(e) Whether
			 to issue a subpoena for the attendance of witnesses or to produce documents at
			 the hearing;
(f) Prior to the
			 issuance of a proposed order issued by an ALJ, whether the Board will consider
			 taking notice of judicially cognizable facts or of general, technical or
			 scientific facts in writing which are within the specialized knowledge of the
			 Board;
(g) Whether to submit to the
			 Board prior to an ALJ's proposed final order the following issues:
(A) The Board's interpretation of its rules
			 and applicable statutes;
(B) Which
			 rules or statutes are applicable to a proceeding;
(C) Whether the Board will answer a question
			 transmitted to it by the ALJ;
(h) In regard to a proposed order issued by
			 an ALJ, whether the Board's legal representative will file exceptions and
			 present argument to the Board; and
(i) Whether a request for delay of hearing on
			 emergency suspension will be accepted.
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  677.265
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  677.275
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0022 - Confidentiality in the Investigative Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Information pertaining to an ongoing
			 investigation or Board action that has been disclosed to a licensee or
			 applicant by the Board pursuant to ORS
			 676.175(3) is
			 confidential and may be further disclosed by the licensee or applicant only to
			 the extent necessary to prepare for a contested case hearing related to a
			 Complaint and Notice of Proposed Disciplinary Action, a Notice of Denial of
			 Licensure or an Order of Emergency Suspension issued against the licensee or
			 applicant.
(2) All licensees and
			 applicants under Board investigation or facing Board disciplinary action or
			 license denial, to include consultants for a licensee, an applicant or the
			 Board, have an obligation to protect the confidentiality of information
			 obtained by the Board in an investigation.
(3) Violation of this rule is grounds for
			 disciplinary action.
Statutory/Other Authority: ORS
				  677.265
Statutes/Other Implemented: ORS
				  183.335,
				  183.341 &
				  677.275
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0024 - Compliance with Investigation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees and applicants must comply with
			 a Board investigation, including truthfully responding to inquiries and
			 providing requested materials within the time allowed and complying with a
			 subpoena. Failure to comply with a Board investigation violates ORS
			 677.190(17)
			 and is grounds for disciplinary action.
(2) Licensees and applicants must comply with
			 the terms of all Board Orders and Agreements, including Corrective Action
			 Agreements and Consent Agreements or Consent Agreements for Re-entry to
			 Practice. Failure to comply with the terms of a Board Order or Agreement
			 violates ORS
			 677.190(17)
			 and is grounds for disciplinary action.
(3) The board will monitor the National
			 Practitioner Data Bank (NPDB) Continuous Query alert system for two years from
			 the date of an allegation of sexual misconduct.
(4) Orders for Evaluation may not be
			 negotiated and are confidential orders enforceable by the Board. Violating an
			 Order for Evaluation will be grounds for discipline under ORS
			 677.190(17).
Statutory/Other Authority: ORS
				  677.265
Statutes/Other Implemented: ORS
				  677.190,
				  677.205,
				  677.270  & 677.320
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0030 - Approval and Termination of Interim Stipulated Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Director or Medical
			 Director, via his/her signature, has the authority to grant approval of an
			 Interim Stipulated Order that has been signed by a licensee of the
			 Board.
(2) The Executive Director's
			 or Medical Director's signature grants approval of the Interim Stipulated
			 Order, which allows the Order to become a public document. As a public
			 document, the Interim Stipulated Order may be released to hospitals, clinics,
			 and other practice locations.
(3)
			 The Executive Director or Medical Director, via his/her signature, has the
			 authority to terminate an Interim Stipulated Order:
(a) If the licensee has addressed the
			 identified concerns to the satisfaction of the Board and is deemed safe to
			 return to practice; or
(b) If the
			 Board has voted to close the case without proceeding toward disciplinary
			 action.
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0032 - Modification and Termination of Board Orders and Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of Oregon Medical Board
			 actions:
(a) "Terminate" or "termination"
			 means the licensee has successfully completed all of the terms of the Order or
			 Agreement or the Order or Agreement is no longer needed. A termination does not
			 vacate, expunge, or otherwise nullify the Order or Agreement.
(b) "Modify" or "modification" means the
			 Board has agreed to modify or terminate some of the terms of the Order or
			 Agreement, which remains in effect.
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0035 - Approval of Suspensions, Reinstatements, and Terminations of Orders by Operation of Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Executive Director or Medical Director has the authority to issue final orders
			 of license suspension that occur by operation of law and final orders of
			 license reinstatement that occur by operation of law.
(2) The Executive Director or Medical
			 Director, upon proper notification under ORS
			 25.774, has the authority to
			 issue final orders reinstating licenses that were suspended by operation of law
			 pursuant to ORS chapter 25. The licensee may be reinstated to its
			 pre-suspension status if the licensee is otherwise in good standing and has
			 complied with OAR 847-008-0055, if applicable.
(3) Orders issued under sections (1) or (2)
			 of this rule are public documents.
(4) The Executive Director or Medical
			 Director, upon proper notification or certification under ORS
			 305.385(4)(c), (d) or
			 (5), has the authority to issue final orders
			 suspending, reinstating, and provisionally reinstating licenses. The licensee
			 may be reinstated to its pre-suspension status if the licensee is otherwise in
			 good standing and has complied with OAR 847-008-0055, if applicable.
(5) The Executive Director or Medical
			 Director has authority to issue final orders suspending licenses based on
			 continuing medical education deficiencies, and to issue final orders
			 reinstating licenses based on a licensee coming into compliance with continuing
			 medical education requirements.
(6)
			 The Executive Director or Medical Director must forward orders issued under
			 sections (1), (2) or (4) of this rule to the Board in a timely
			 manner.
Statutory/Other Authority: ORS
				  677.265 & 183.411
Statutes/Other Implemented: ORS
				  25.750,
				  25.774,
				  677.190,
				  677.225,
				  677.265 &
				  305.385
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0040 - Approval of Notices of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Director has the authority
			 to issue Notices of Civil Penalty, which include default final orders, for
			 violations of the Board's administrative rules.
(2) The Executive Director's signature grants
			 approval of the Notice of Civil Penalty, which becomes a public document. As a
			 public document, the Notice of Civil Penalty may be released to the public.
			 However, the civil penalty is not an adverse action.
Stat. Auth.: ORS
				  677.265
Stats. Implemented: ORS
				  677.190,
				  677.205,
				  677.265
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0045 - Consent Agreements for Re-entry to Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Director or Medical
			 Director has the authority to review and approve the terms and conditions in a
			 Consent Agreement for Re-entry to Practice based on Board-established
			 guidelines.
(2) The Executive
			 Director's or Medical Director's signature grants approval of the Consent
			 Agreement for Re-entry to Practice, which becomes a public document. As a
			 public document, the Consent Agreement for Re-entry to Practice may be released
			 to the public. However, the Consent Agreement for Re-entry to Practice is not
			 an adverse action.
(3) The
			 Applicant may be granted a license once the Consent Agreement for Re-entry to
			 Practice is signed by the Executive Director or Medical Director.
(4) The Executive Director or Medical
			 Director has the authority to terminate a Consent Agreement for Re-entry to
			 Practice upon licensee's satisfaction of the terms or licensee's failure to
			 satisfy the terms within the agreed-upon time. If the Consent Agreement for
			 Re-entry to Practice is terminated because of the licensee's failure to
			 complete the terms, his or her license will be returned to the previous status
			 or to an inactive status.
Statutory/Other Authority: ORS
				  677.265
Statutes/Other Implemented: ORS
				  677.100,
				  677.175,
				  677.265,
				  677.512,
				  677.759  & 677.825
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 1 - PROCEDURAL RULES › Section 847-001-0050 - Address of Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with OAR 847-008-0060, a licensee must designate a mailing address
			 on file with the Board at all times.
(2) The mailing address currently on file
			 with the Board will be considered the address of record.
(3) The Board will send all correspondence
			 and official documents to the licensee's address of record. Upon request, the
			 Board may agree to correspond for investigation purposes at an alternate
			 address. Nothing in this rule excludes the licensee's representative from being
			 included in Board correspondence.
(4) Notices sent to the licensee by certified
			 mail or registered mail to the licensee's address of record or alternate
			 address as described in section (3) of this rule, is sufficient notice even if
			 the licensee fails to or refuses to respond to the postal service "return
			 receipt" and never receives the Notice. Such mailing permits the Board to
			 proceed with disciplinary action in the absence of a request for a
			 hearing.
Statutory/Other Authority: ORS
				  677.265
Statutes/Other Implemented: ORS
				  677.265
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 2 - CRIMINAL BACKGROUND CHECKS › Section 847-002-0000 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534, 303, 676 &
				  677.280
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 2 - CRIMINAL BACKGROUND CHECKS › Section 847-002-0005 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534, 303, 676 &
				  677.280
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 2 - CRIMINAL BACKGROUND CHECKS › Section 847-002-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534, 303, 676 &
				  677.280
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 847 - OREGON MEDICAL BOARD › Division 2 - CRIMINAL BACKGROUND CHECKS › Section 847-002-0015 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534, 303, 676 &
				  677.280
Stats. Implemented: ORS
				  181.534