Or. Admin. Code § 603-048-0650

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-048-0650 - Industrial Hemp Inspection and Record Reviews

(1) The Department, as it deems necessary in the enforcement and carrying out its laws may, during normal business hours, inspect premises, machinery, equipment, and facilities of licensees and inspect any crop during any growth phase or harvested crop, and sample for analysis.

(2) Upon not less than three (3) days' notice, the Department may subject licensee records to inspection or audit during normal business hours. The Department may make an inspection or audit for the purpose of ensuring compliance with:

(a) A provision of ORS 571.260 to 571.348;

(b) A rule adopted under a provision of ORS 571.260 to 571.348; or

(c) An order issued by the Department pursuant to a provision of ORS 571.260 to 571.348 or rule adopted under a provision of ORS 571.260 to 571.348, including a detainment order.

(3) A licensee must permit Department staff, or its designee, to inspect and access all parts of the licensed grow site, handling site, vendor site, research facility equipment, facilities, and any area where cannabis is grown, stored, sold or processed pursuant to the license and cooperate with such an inspection. Failure to permit or cooperate with an inspection includes, but is not limited to:

(a) Failing to appear at a licensed site or facility within a reasonable period of time after being notified of an on-site inspection.

(b) After reasonable notice of an onsite inspection, failing to appoint a licensee representative knowledgeable about operations at the site or facility to be available to the Department staff, or its designee, during an inspection.

(c) Failing to timely respond to Department staff, or its designee, communications to set up a time for inspection.

(d) Refusing to grant access to all areas of the licensed site or facility.

(e) Failing to maintain safe conditions at a site or facility, such that the Department or its designee cannot reasonably and safely inspect the site or facility. Failing to maintain safe conditions may include allowing unrestrained animals on the grow site or maintaining hazards or other dangerous conditions on the site or facility.

(f) Failure to provide to the Department, upon request, information concerning compliance with these rules.

(g) Failure to provide confirmation, upon request by the Department or its designee, of the presence or absence of hazards or dangerous conditions at a site or facility.

(h) Ending an inspection or engaging in aggressive or confrontational behavior that requires Department staff or its designee to end an inspection prior to the Department or its designee finishing all inspection tasks and duties.

(i) Failing to permit the Department or its designee to conduct sampling for the purposes of testing under these rules.

Or. Admin. Code § 603-048-0650

DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16; DOA 19-2016, f. & cert. ef. 10/28/2016; DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17; DOA 13-2017, f. & cert. ef. 8/30/2017; DOA 27-2018, amend filed 11/29/2018, effective 12/3/2018; DOA 22-2021, temporary amend filed 07/28/2021, effective 7/28/2021 through 1/23/2022; DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021; DOA 29-2021, amend filed 12/29/2021, effective 1/1/2022; DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023; DOA 13-2024, amend filed 06/05/2024, effective 6/5/2024

Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260 - 571.348

Statutes/Other Implemented: ORS 571.260 - 571.348