Or. Admin. R. 333-007-0350

Current through Register Vol. 63, No. 6, June 1, 2024

Section 333-007-0350 - Batch Requirements for Compliance Testing

(1) Marijuana or usable marijuana.

(a) A producer or grower must separate each harvest lot of marijuana or usable marijuana harvested before July 1, 2022, into no larger than 15 pound batches.

(b) A producer or grower must separate each harvest lot of marijuana or usable marijuana harvested on or after July 1, 2022, into no larger than 50.0-pound batches.

(2) Cannabinoid concentrates and extracts.

(a) A process lot of a cannabinoid concentrate or extract is considered a batch.

(b) A batch of a cannabinoid concentrate or extract must be produced using a standard operating procedure and result in one finished cannabinoid concentrate or extract that is uniform in texture and form.

(3) Cannabinoid products.

(a) A processor or processing site must separate process lots into not larger than 35,000 unit of sale batches.

(b) A batch of a cannabinoid product must be produced using a standard operating procedure and result in a finished cannabinoid product that is uniform in potency, texture, and weight. A standard operating procedure may use different flavors or colors in a batch if the different flavors or colors:

(A) Are substituted for one another at a 1:1 ratio; and

(B) Do not affect the potency, texture, or weight of the finished cannabinoid product.

(c) If a cannabinoid product is or may be sold in different quantities in a unit of sale, then the process lot shall be sampled based on the smallest unit of sale for the purposes of sampling and testing. All proposed units of sales must meet the Commission's concentration limit rules found in chapter 845, division 26.

(4) Industrial hemp-derived vapor items.

(a) A process lot of an industrial hemp-derived vapor item is considered a batch.

(b) A batch of an industrial hemp-derived vapor item must be made from a standard operating procedure and result in one final industrial hemp-derived vapor item that is uniform in flavor, texture, and form.

(5) Finished inhalable cannabinoid products.

(a) A process lot of a finished inhalable cannabinoid product is considered a batch.

(b) A batch of a finished inhalable cannabinoid product must be made from a standard operating procedure and result in one finished inhalable cannabinoid product that is uniform in flavor, texture, and form.

(6) A grower and processing site must assign each batch a unique batch number and that unique batch number must be:

(a) Documented and maintained in the grower and processing site records for at least two years and available to the Authority upon request;

(b) Provided to the individual responsible for taking samples; and

(c) Included on the batch label as required in OAR 333-007-0380.

(7) A grower and processing site may not reuse a unique batch number.

(8) For the purposes of this rule, "flavor" means:

(a) The essential oil or essence which contains the flavoring constituents derived from a spice, fruit, fruit juice, vegetable, vegetable juice, herb, root, leaf, or similar plant material.

(b) Any substance, the function of which is to impart flavor, which is not derived from a spice, fruit, fruit juice, vegetable, vegetable juice, herb, root, leaf, or similar plan material.

(c) Flavor does not include flavoring constituents derived from the cannabis plant.

Or. Admin. R. 333-007-0350

PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 35-2016(Temp), f. & cert. ef. 12-2-16 thru 5-30-17; PH 38-2016(Temp), f. 12-13-16, cert. ef. 12-15-16 thru 5-30-17; PH 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 282-2018, amend filed 12/20/2018, effective 1/1/2019; PH 95-2021, amend filed 12/29/2021, effective 1/1/2022; PH 24-2022, amend filed 03/15/2022, effective 3/31/2022

Statutory/Other Authority: ORS 475C.544

Statutes/Other Implemented: ORS 475C.544