OAR 845-026-6100: Temporary rule language in effect until 11/19/2026. Hemp Item Registration Process

(1) Prior to selling, offering for sale, transferring, or delivering a hemp item to a consumer or retailer in this state, a responsible party must submit a registration application to the Commission, and receive Commission approval. The initial registration application shall be submitted electronically. (2) A registration application must include the following: (a) The fee as specified in OAR 845-026-6010; and (b) Information including but not limited to: (A) The name and type of the hemp item. (B) The name, phone number, email address, physical address, and mailing address of the manufacturer of the hemp item. (C) If different from the manufacturer, the responsible party’s name, phone number, email address, physical address, and mailing address. (D) A certificate of analysis for a batch of the hemp item. If t he product is intended for human consumption, the certificate of analysis must demonstrate that the batch complies with the testing requirements in ORS 571.339 and passes each required test. (E) A copy of the label for the hemp item. (F) A statement whether the hemp item is an adult use cannabis item. (G) For an application to register inhalable hemp cannabinoid products that contain non-cannabis additives: (i) The non-cannabis additive’s list of ingredients from the manufacturer of the non-cannabis additive that: (I) Identifies the name of the non-cannabis additive and the business name of the manufacturer of the non-cannabis additive; and (II) Includes a statement that the non-cannabis additive is for use in a product intended for human inhalation. (ii) In a form and manner prescribed by the Commission, information regarding the manufacturer of the non-cannabis additive, the additive or additives being used by the manufacturer of the inhalable hemp cannabinoid product, and an attestation by the manufacturer of the inhalable hemp cannabinoid products that the information submitted with the registration application is accurate and truthful. (H) For an application to register hemp items that contain an artificially derived cannabinoid allowed by OAR 845-026-0415: (i) The applicable documentation required by OAR 845-026-0415; (ii) A copy of the food establishment license issued by the ODA to the creator of the artificially derived cannabinoid or other documentation that the manufacturer complies with food safety laws and rules in its jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755; and (iii) In a form and manner prescribed by the Commission, citations to the peer reviewed studies as required by OAR 845-026-0415, and attestation by the responsible party that the information submitted with the registration application is accurate and truthful. (3) If a responsible party submits a list of ingredients to the Commission to comply with paragraph (2)(b)(G) of this rule and believes the list of ingredients is a trade secret as defined in ORS 192.345, the responsible party must mark the information “confidential – trade secret” in order for the Commission to consider whether the documents would be exempt from disclosure under Oregon’s Public Records Act, ORS 192.345. (4) The Commission will review a registration application and determine whether it is complete and may request additional information or documentation from the responsible party and may verify the information or accompanying documentation submitted during the application process. (5) The Commission may refuse to register a hemp item if: (a) The registration application or the hemp item does not comply with these rules or 2024 Oregon Laws chapter 16, section 11; (b) The registration application, or any supporting documentation contains untruthful or misleading content; (c) The hemp item is adulterated or the information in the application indicates that the hemp item is adulterated; (d) The hemp item or the information in the application indicates that the hemp item does not comply with the concentration or serving size limits established in OAR 845-026-0300, OAR 845-026-0400, or OAR 845-026-0410; (e) The sale of the hemp item is prohibited by 2024 Oregon Laws chapter 16, section 12 or the information in the application indicates that the sale of the hemp item is prohibited by 2024 Oregon Laws chapter 16, section 12; (f) The sale of the hemp item is prohibited by Commission rule or the information in the application indicates that the sale of the hemp item is prohibited by Commission rule; or (g) A label submitted for the hemp item does not comply with the requirements in OAR 845-026-6030 to 845-026-6090. (6) Deficient applications. For a registration application submitted on or after January 1, 2026: (a) If a registration application fails to comply with these rules, the Commission will notify the applicant of the deficiencies, and the applicant must correct the deficiencies and resubmit the application. (b) If an application is resubmitted and is found deficient or the applicant fails to timely resubmit, the application will be denied and the applicant shall be given the right to a hearing under the procedures in ORS chapter 183. (c) Notwithstanding subsection (b) of this section, upon written request, the Commission in its discretion may allow additonal application resubmissions to correct deficiencies. (7) Incomplete applications. (a) If the applicant does not respond to a request for additional information or documentation from the Commission within ninety days, or the application otherwise fails to include all documentation or information required by these rules, the application is incomplete and the applicant will be notified that their application is incomplete. (b) Reconsideration. An applicant may submit a written request for reconsideration of a decision that an application is incomplete. Such a request must be received by the Commission within 10 days of the date the incomplete notice was sent. The Commission shall give the applicant the opportunity to be heard. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550. (8) A responsible party may submit a registration application with a single application fee for a hemp item with different flavors, colors, cannabinoids, or sizes, if the hemp item is otherwise identical. An application may not combine hemp items that are adult use cannabis items with hemp items that are not adult use cannabis items. (9) A person is not required to submit to the Commission the information described in this rule for a hemp item if another person has submitted the information for the hemp item, the hemp item is on the list of Commission approved registrations, and the hemp item continues to be consistent with the previously submitted information. For the purposes of this section, for a hemp item to be consistent with previously submitted information, the hemp item and label must be consistent with all information submitted with the registration, except that the following information may vary on the label: (a) Harvest or processing date. (b) Strain. (c) Test results. (d) Net weight or volume. (e) Batch number. (f) Manufacturer’s or packager’s business or trade name or place of address. (g) ODA hemp handler or grower license number. (h) The addition, deletion, or change in the UPC barcodes, QR codes, website address, phone number, or fax number. (10) A registration applies only to hemp items that match the information submitted in the approved registration application, except that the information listed in section (9) of this rule may vary. (11) Annual Registration. (a) In order to maintain an active registration, a hemp item registered with the Commission must be annually renewed. A registration renewal application and fee specified by OAR 845-026-6010 must be received no later than 395 days after the date the registration was previously approved by the Commission to be renewed. (b) A hemp item will be removed from the list of Commission approved registrations if a complete renewal application and fee is not received within 395 days from the date the registration was previously approved by the Commission. (c) All of the requirements, procedures, and review for an initial registration in this rule apply to renewal applications.