OAR 603-048-0630: Failed Pre-Harvest Testing; Retesting

(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 10 business days from the date the notice of the failed test was sent to the grower. The retest must be completed within 30 calendar 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. (3) Resampling Production Area. If a sample tested under OAR 603-048-0600 fails an initial test, a grower may seek resampling and retesting of the production area if: (a) The original plants in the production area associated with the failed test remain standing and growing in the production area. (b) The grower requests the resampling within seven (7) days from the date the notice of the failed test was sent to the grower. (c) The grower subdivides the production area into separate harvest lots for resampling and retesting if the initial test reported that the production area exceeds 1.0 percent total THC on a dry weight basis. (d) The grower properly identifies the subdivided harvest lots in accordance with OAR 603-048-0500 if required to subdivide under section (3)(c) of this rule. (e) The grower provides the laboratory or the Department with the following on a form provided by the Department: (A) A written request for resampling for each harvest lot the grower requests be resampled that includes all of the information required in OAR 603-048-0600 for initial sampling; and (B) Notification that the harvest lot is being resampled because of the failed test and the failed test results. (f) The resampling occurs within ten (10) days of the request for resampling and the test results are reported within 30 days of the request for resampling. (4) If the harvest lot fails testing after resampling conducted under section (3) of this rule, the grower may pursue retesting pursuant to section (2) of this rule, but may not pursue resampling under section (3) of this rule. (5) Reporting: (a) A grower must report electronically to the Department within 24 hours, at HempTestReports@oda.oregon.gov using the form provided or approved by the Department, or via an online portal operated by the Department any requests for resampling under this subsection. (b) A grower must ensure that the 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 any resampling under this subsection. (6) The Department may detain, seize, embargo the harvest lot corresponding to a sample, as provided under ORS 561.605 to 561.620 and subject to the provisions of ORS Chapter 183, if the sample failed a test under OAR 603-048-0600. (7) The Department may detain, seize, embargo, and dispose of the harvest lot corresponding to a sample, as provided under ORS 561.605 to 561.620 and subject to the provisions of ORS Chapter 183, if the sample: (a) Was not sampled and tested in compliance with all of the requirements and standards of these rules; (b) Fails a test under OAR 603-048-0600 to 603-048-0630. (8) If a sample passes the first and second retest described in section (2)(c) of this rule, the sample and corresponding harvest lot satisfies THC testing required by these rules and is released from the restrictions in OAR 603-048-0600(10). (9) If a sample passes testing after resampling conducted under section (3) of this rule, the sample and corresponding harvest lot satisfies THC testing required by these rules and is released from the restrictions in OAR 603-048-0600(10). Any harvest lots that are not retested or that fail testing after resampling, the grower must dispose of in accordance with OAR 603-048-0640. (10) If the amount of the harvest lot material collected for purposes of sampling is not sufficient to allow for the first and second retesting described in section (2)(c) of this rule, the sample and corresponding harvest lot fails to satisfy these rules. (11) The grower must ensure that any additional testing is reported by the laboratory to the United States Department of Agriculture. The test results report must contain the following information: (a) Grower’s license number; (b) Grower’s name; (c) Business address of the grower; (d) Harvest lot identifier (e) Name of the laboratory (f) Date of the test and report (g) Whether it is a retest; (h) Test result. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]