OAR 845-026-6120: Embargo, Seizure and Disposal

(1) If the Commission has reasonable cause to believe that any quantity or lot of hemp items that are intended for human consumption or use or animal consumption or use is sold, transferred, or delivered in violation of ORS 571.295 to 571.296, or these rules or is adulterated, the Commission may issue and enforce an order to immediately prohibit the disposal, distribution, or use in any manner of the quantity or lot. The Commission may require destruction of the hemp items in any manner if the violations are not cured. (2) The Commission may issue and enforce an order to immediately seize any quantity or lot of hemp items that are intended for human or animal consumption or use that do not comply with ORS 571.295 to 571.296, or these rules or is adulterated. The Commission may require destruction of the hemp items in any manner if the violations are not cured. (3) An order under section (1) or (2) of this rule shall be served on the person in possession or the owner of the quantity or lot. (4) An order under section (1) of this rule remains in effect until: (a) The violations contained in the order have been cured as determined by the Commission; (b) The hemp items are disposed in the manner provided by the Commission; or (c) As otherwise terminated by the Commission. (5) A person subject to an order prohibiting disposal, distribution, or use: (a) Must ensure that, without written permission from the Commission, the items subject to the order are: (A) Not removed from the location identified in the order; (B) Segregated and labeled as being subject to the order; and (C) Not subject to any processing or manufacturing processes. (b) Must immediately remove from locations readily visible and accessible to the public items subject to the order. (c) Shall take all reasonable steps to prevent theft or removal of the quantity or lot from the location identified in the notice of the action. (d) Is strictly liable for any violation of the order. (e) May submit a written request to move or take other action to preserve quantity or lot pending a contested case or appeal. The person may only take such action upon written permission from the Commission and subject to any requirements or restrictions imposed by the Commission. (6) Notwithstanding OAR 845-026-6110, each unit of sale that does not comply with subsections (5)(a) to (c) of this rule constitutes a separate violation subject to a separate civil penalty. (7) The commission may request that the Office of Administrative Hearings use expedited hearing procedures as described in OAR 137-003-0560(3) for a hearing on a notice or order issued under this section.