OAR 845-025-7170: Packaging and Labeling Prohibited Conduct

(1) The following conduct is prohibited: (a) Failure to comply with any provision of ORS 475C.600 to 475C.648 or these rules. (b) Transferring, selling, or offering to sell a marijuana item or hemp item for ultimate sale to a consumer to another licensee that is not packaged or labeled in accordance with these rules. (c) Failure to receive package and label approval prior to transferring, selling, or offering for sale a marijuana item or hemp item that is for ultimate sale to a consumer. (d) Transferring, selling, or offering for sale a marijuana item or hemp item that has not received package or label approval. (e) Selling or offering to sell a marijuana item or hemp item under a different label or package than what was approved. (f) Selling a marijuana item or hemp item in a package that is not resealable and continually child-resistant as required by these rules. (2) For each violation of a provision of ORS 475C.600 to 475C.648 or a rule adopted thereunder, the Commission may impose a civil penalty of up to $500 per violation. (a) Each violation of a provision of ORS 475C.600 to 475C.648 or a rule adopted thereunder is a separate violation. (b) Each unit of sale that is in violation of a rule or statute constitutes a separate violation. (c) Civil penalties are assessed as follows: (A) Except as provided in paragraphs (B) to (D) of this subsection, violations of OAR 845-025-7000 to 845-025-7190 will be assessed up to $50 per violation with an overall cap of $10,000 for all violations charged concurrently in a single notice. (B) Violations of OAR 845-025-7030(2) will be assessed up to $250 per violation with an overall cap of $50,000 for all violations charged concurrently in a single notice. (C) Knowing violations of OAR 845-025-7030(2) in which a label contains any untruthful or misleading content will be assessed up to $500 per violation with an overall cap of $100,000 for all violations charged concurrently in a single notice. (D) Notwithstanding paragraphs (A) to (C) of this subsection, violations that create a present or substantial likelihood of a threat to public health or safety will be assessed up to $500 per violation with an overall cap of $500,000 for all violations that are charged concurrently in a single notice. (E) If a licensee has within the previous two years been assessed a civil penalty for any packaging or labeling violation, the Commission may assess the maximum of $500 per violation with an overall cap of double the overall cap amounts described in paragraphs (A) to (D) of this subsection for all violations charged concurrently in a single notice.