OAR 603-048-0900: Detainment, Seizure, Embargo, and Disposal

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. (3) If a sample passes the first and second retesting described in OAR 603-048-0630, the sample and corresponding harvest lot satisfies THC testing required by these rules. After receiving and verifying the confirming test reports, the Department may release the detained harvest lot. (4) A person subject to a detainment, seizure, embargo, or disposal order is responsible for ensuring that the harvest lot or hemp items subject to the action are not removed from the location identified in the notice of the action or subject to any processing or manufacturing processes without written permission from the Department. (a) A person subject to a detainment, seizure, embargo or disposal order shall take all reasonable steps to prevent theft or removal of the lot or items from the location identified in the notice of the action. (b) A person subject to a detainment, seizure, embargo, or disposal order is strictly liable for any violation of the order, including removal of the lot or item from the location identified in the notice without permission from the person subject to the action. (c) A person subject to a detainment, seizure, embargo, or disposal order may submit a written request to harvest, move, or take other action to preserve the harvest lot or hemp item pending an administrative proceeding challenging the proprietary of the order. The person may only take such action upon written permission from the Department and subject to any requirements or restrictions imposed by the Department. (5) Sampling of a detained harvest lot by a laboratory in compliance with these rules does not constitute a violation of a detainment, seizure, or embargo order. (6) Subject to the grower or person in possession’s right to a hearing as described in this rule, the Department may order destruction of a harvest lot that: (a) Was not sampled and tested in compliance with all of the requirements and standards of these rules. (b) Has not passed required preharvest THC testing as required in OAR 603-048-0600 and is not eligible for retesting or resampling as described in these rules or the grower indicates that it will not undertake retesting or resampling. Not passing required preharvest THC testing includes, but is not limited to, where a sample: (A) Failed a test under OAR 603-048-0600 and the grower does not timely request a retest or resampling or informs the Department that retest or resampling will not be requested, or is not eligible for retesting or resampling. (B) Fails any retesting under section (2) of this rule and the grower does not timely request resampling or informs the Department that resampling will not be requested or is ineligible for resampling. (C) Fails any testing after resampling and the grower does not timely request retesting, informs the Department that retesting will not be requested, or is ineligible for retesting. (D) Passes initial retesting but the grower fails to timely request secondary retesting to confirm the passed test result as required by rule.(c) Contains an average total tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry weight basis. (7) The Department may order destruction of the hemp item process lot that is adulterated, subject to the grower or person in possession’s right to a hearing as described in this rule.