OAR 333-007-0360: Sampling and Sample Size Requirements for Compliance Testing

(1) Marijuana or usable marijuana. (a) Usable marijuana may only be sampled after it is cured, unless the usable marijuana is intended for sale or transfer to a processor or processing site to make a cannabinoid concentrate or extract. (b) Sample increments taken must in total represent a minimum of 0.5 percent of the batch, consistent with the laboratory’s accredited sampling policies and procedures, described in OAR 333-064-0100(2). (c) A portion of homogenized samples taken from multiple batches of usable marijuana from the same harvest lot as described in OAR 333-064-0100(2)(f) may be combined into one sample for purposes of testing for adult use cannabinoids and CBD if the batches are the same strain and appear to be substantially similar in appearance and quality, regardless of the size of the multiple batches. Sampling must be performed in accordance with ORELAP-SOP-001 Rev 4.0 and on or after July 1, 2022, ORELAP-SOP-001 Rev 4.1. (d) The whole batch of marijuana or usable marijuana must be made available for sampling and placed in containers that holds no more than 15 pounds of marijuana or usable marijuana. (2) Cannabinoid concentrates, extracts, products, and finished inhalable cannabinoid products. (a) The whole batch of finished cannabinoid concentrates, extracts, products, or finished inhalable cannabinoid products must be available for sampling. (b) Samples of cannabinoid concentrates, extracts, products, and finished inhalable cannabinoid products intended for human consumption, use or ingestion for use by a consumer or patient must be taken from the finished cannabinoid concentrate, extract, product, or finished inhalable cannabinoid product as those terms are defined in OAR 333-007-0310, except for as outlined in subsection (2)(f) of this rule. (c) For a cannabinoid concentrate, extract or finished inhalable cannabinoid product, the minimum number of sample increments that must be taken are established in Exhibit B, Table 7, incorporated by reference. The sample increments shall be combined as described in Exhibit B, Table 7, OAR 333-064-0100, and ORELAP-SOP-002 Rev. 4.3. The primary sample, the duplicate sample and any required replicate samples must be prepared and analyzed separately. (d) For a cannabinoid product, a minimum of one unit of sale chosen at random, is required for the primary sample and one unit of sale chosen at random, is required for the duplicate sample for testing in accordance with OAR 333-007-0440, OAR 333-064-0100(2), and ORELAP-SOP-002 Rev. 4.3. The primary sample and the duplicate sample must be prepared and analyzed separately. (e) A sufficient sample size must be taken for analysis of all requested tests and the quality control performed by the testing laboratory for these tests. (f) If baking of a cannabinoid edible is the final step to create a finished cannabinoid product, the processor or processing site may leave the production batch unbaked and only bake the samples chosen by the testing laboratory for sampling. Prior to sampling, the processor or processing site must ensure that the entire batch is available to the laboratory and in a form where the only remaining step to complete the edible is baking. If anything is added to the edible after baking, the entire batch must be baked and finished prior to sampling. Baking means to subject the item to dry heat, typically by an oven. (3) Industrial hemp-derived vapor items. (a) The whole finished batch of industrial hemp-derived vapor items must be available for sampling. (b) Samples of industrial hemp-derived vapor items must be taken in its final form ready for packaging for sale or transfer to a patient, designated primary caregiver or consumer. (c) The minimum number of sample increments that must be taken are established in Exhibit B, Table 7, incorporated by reference. The sample increments shall be combined into a primary sample and a duplicate sample as described in OAR 333-064-0100, ORELAP-SOP-002 Rev. 4.3. The primary sample, the duplicate sample and any required replicate sample must be prepared and analyzed separately. (d) A sufficient sample size must be taken for analysis of all requested tests and the quality control performed by the testing laboratory for these tests. (4) Sufficient sample increments must be taken for analysis of all required tests and the quality control performed by the testing laboratory for these tests. NOTE: ORELAP SOPs are available under OAR 333-064-0100 [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]