OAR 603-048-2300: Testing of Industrial Hemp for Human Consumption and Hemp Items

(1) A grower or handler may not sell, or offer for sale 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, offering for sale, or transferring industrial hemp for human consumption or a hemp item that has not been tested or does not pass testing 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. (3) These rules require industrial hemp for human consumption and hemp items to be sampled, tested, and reported in a manner consistent with the Authority’s marijuana sampling and testing rules in OAR 333-007-0300 to 333-007-0500 and OAR 333-064. In applying those rules: (a) Industrial hemp for human consumption and hemp items are treated as their marijuana equivalents as described in OAR 603-048-2310; (b) References to “licensee or registrant” or “processor or processing site” should be read as “grower” or “handler”; (c) References to “Authority or the Commission” should be read as “Department”; and (d) References to “consumer or patient” should be read as “consumer” as that is defined in OAR 603-048-2310. (4) To be sufficient to meet the requirement for testing under these rules, a licensed grower or handler must ensure through a testing agreement or contract with the laboratory that the laboratory: (a) Samples industrial hemp for human consumption and hemp items according to OAR 333-007-0360 and OAR 333-064-0100; (b) Tests industrial hemp for human consumption and hemp items according to OAR 333-007-0390 to 333-007-0450 and 333-064-0100; (c) Keeps records in accordance with OAR 333-064-0100. (d) Reports all failed tests to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department consistent with reporting requirements under OAR 333-064-0110; (e) Provides the licensee with test reports that meet the requirements in OAR 333-064-0110. (f) Provides test reports that clearly identify the process lot identifier. (g) Meets the proficiency testing requirements in OAR 333-064-0120. (h) Can demonstrate that its limit of quantification (LOQ) satisfies the requirements in OAR 333-064-0100(12). (5) Each unit of sale of hemp item or lot of industrial hemp for human consumption sold, transferred, or attempted to be sold or transferred in violation of these rules is a separate violation. (6) The requirement to contract with a laboratory under Subsection (4) of this rule does not apply to hemp items manufactured outside the state of Oregon.