Or. Admin. Code § 603-048-2310

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

Section 603-048-2310 - Definitions

(1) "Added substance" means any component or ingredient added to usable hemp, cannabinoid concentrate or cannabinoid extract during or after processing that is present in the finished hemp cannabinoid product, including but not limited to flavors, non-cannabis derived terpenes, and any substances used to change the viscosity or consistency of the cannabinoid product.

(2) "Adult use cannabinoid" includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9 tetrahydrocannabinol and any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect.

(3)

(a) "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae.

(b) "Artificially derived cannabinoid" does not include:

(A) A naturally occurring chemical substance that is separated from the plant Cannabis family Cannabaceae by a chemical or mechanical extraction process;

(B) Cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; or

(C) Any other chemical substance identified by the Commission, in consultation with the Authority and the Department of Agriculture, by rule.

(4) "Authority" means the Oregon Health Authority.

(5) "Batch" means:

(a) A quantity of hemp, usable hemp or hemp stalk from a harvest lot; or

(b) A quantity of hemp concentrate or extract or hemp cannabinoid product from a process lot.

(6) "Cannabinoid" means any of the chemical compounds that are the active constituents of the cannabis plant.

(7) "Cannabinoid capsule"

(a) Means a small, soluble pill, tablet, or container that contains liquid or powdered hemp cannabinoid product, hemp concentrate, or hemp extract and is intended for human ingestion.

(b) For sampling and testing purposes is equivalent to a cannabinoid capsule as that is defined in OAR 333-007-0310.

(c) Does not mean a cannabinoid suppository.

(8) "Cannabis Tracking System" or "CTS" means the Commission's system for tracking the transfer of hemp and marijuana items and other information as authorized by ORS 475C.177, ORS 571.336 and 571.337.

(9) "CBD" means cannabidiol, Chemical Abstracts Service Number 13956-29-1.

(10) "CBDA" means cannabidiolic acid, Chemical Abstracts Service Number 1244-58-2.

(11) "Chain of custody procedures" means procedures employed by laboratory personnel using a chain of custody form to record the possession of samples from the time of sampling through the retention time specified by the Department.

(12) "Commission" means the Oregon Liquor and Cannabis Commission.

(13) "Consumer" includes:

(a) A person who purchases, acquires, owns, holds or uses hemp items other than for the purpose of resale; and

(b) A person who purchases, receives, or otherwise uses hemp items who is not a licensed handler, licensed vendor, or a marijuana processor, wholesaler or retailer licensed by the Commission.

(14) "Consumption" means ingestion, inhalation, or topical application to the skin or hair.

(15) "Duplicate sample" means sample increments taken in an identical manner to sample increments taken from the primary sample and representative of the same hemp item being sampled that is prepared and analyzed separately from the primary sample.

(16) "Finished hemp concentrate or extract" means a hemp concentrate or extract that is in its final form ready for packaging for sale or transfer to a consumer.

(17) "Finished cannabinoid hemp product" means a cannabinoid hemp product that is in its final form ready for packaging for sale or transfer to a consumer and includes all ingredients whether or not the ingredients contain cannabinoids.

(18) "Food" means a raw, cooked, or processed edible substance, or ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum and includes beverages.

(19) "Hemp cannabinoid product"

(a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp; or

(b) Usable hemp, hemp extracts and hemp concentrates that have been combined with an added substance.

(c) Cannabinoid hemp product does not include usable hemp by itself, hemp stalk by itself, a hemp concentrate or extract by itself, hemp seed incapable of germination by itself, or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(d) For sampling and testing purposes is equivalent to a cannabinoid product as that is defined in OAR 333-007-0310.

(20) "Hemp concentrate or extract"

(a) Means a substance obtained by separating cannabinoids from industrial hemp leaves, flowers, or stalk by a mechanical, chemical or other process.

(b) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.

(21) "Hemp edible"

(a) Means a food or potable liquid into which industrial hemp, a hemp concentrate, a hemp extract, or the dried leaves or flowers of hemp have been incorporated.

(b) Does not mean hemp seed incapable of germination by itself or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(c) For sampling and testing purposes is equivalent to a cannabinoid edible as that is defined in OAR 333-007-0310.

(22) "Hemp item"

(a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.

(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.

(23) "Hemp stalk"

(a) Means the stalk of industrial hemp intended for human consumption.

(b) For sampling and testing purposes is equivalent to usable marijuana as that is defined in OAR 333-007-0310.

(24) "Hemp suppository" means a small soluble container designed to melt at body temperature within a body cavity other than the mouth, especially the rectum or vagina, containing a hemp cannabinoid product, concentrate, or extract.

(25) "Hemp tincture"

(a) Means a liquid hemp cannabinoid product packaged in a container of four (4) fluid ounces or less that consists of either:

(A) A non-potable solution of at least 25 percent non-denatured alcohol, in addition to a hemp concentrate, hemp extract, or usable hemp and perhaps other ingredients intended for human consumption that is exempt from the Liquor Control Act under ORS 471.035; or

(B) A non-potable solution comprised of glycerin, plant-based oil, or concentrated syrup; hemp concentrate or extract or usable hemp, and perhaps other ingredients that does not contain any added sweeteners and is intended for human consumption or ingestion.

(b) For sampling and testing purposes is equivalent to a cannabinoid tincture as that is defined in OAR 333-007-0310.

(26) "Hemp topical"

(a) Means a substance intended to be applied to skin or hair that contains a hemp cannabinoid product, hemp concentrate or extract and for purposes of testing includes a hemp transdermal patch.

(b) For sampling and testing purposes is equivalent to a cannabinoid topical as that is defined in OAR 333-007-0310.

(27) "Hemp transdermal patch"

(a) Means an adhesive substance applied to human skin that contains a hemp cannabinoid product, hemp concentrate or extract for absorption into the bloodstream.

(b) For sampling and testing purposes is equivalent to a cannabinoid transdermal patch as that is defined in OAR 333-007-0310.

(28) "High heat" means a temperature exceeding 180 degrees Fahrenheit.

(29) "Homogeneous" means a hemp cannabinoid product, hemp concentrate or extract has uniform composition and properties throughout each process lot.

(30) "Industrial hemp-derived vapor item" means an industrial hemp concentrate or industrial hemp extract, as those terms are defined in ORS 571.269, whether alone or combined with other substances, that is intended for use in an inhalant delivery system.

(31) "Industrial hemp for human consumption"

(a) Means industrial hemp that is intended to be processed into a hemp item.

(b) For sampling and testing purposes is equivalent to marijuana as that is defined in OAR 333-007-0310.

(32) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.

(33) "Marijuana testing rules" means Authority testing rules for marijuana items found in OAR Chapter 333, Divisions 7 and 64, and all referenced tables and exhibits.

(34) "ORELAP" means the Oregon Environmental Laboratory Accreditation Program administered by the Authority pursuant to ORS 438.605 to 438.620.

(35) "Process lot" means:

(a) Any amount of hemp concentrate or extract of the same type and processed using the same extraction methods, standard operating procedures and batches from the same or a different harvest lot; or

(b) Any amount of a hemp cannabinoid product of the same type and processed using the same ingredients, standard operating procedures and batches from the same or a different harvest lot or process lot of hemp concentrate or extract.

(36) "Relative percentage difference" or "RPD" means the comparison of two quantities while taking into account the size of what is being compared as calculated under OAR 333-064-0100.

(37) "Relative standard deviation" or "RSD" means the standard deviation expressed as a percentage of the mean recovery as calculated under OAR 333-064-0100.

(38) "Remediation":

(a) Means a process or technique applied to a hemp item to remove heavy metals, pesticides or solvents.

(b) Does not include dilution.

(39) "Replicate Sample" means a sample in addition to the primary and duplicate samples that consists of the same number of increments taken in the same manner as the primary and duplicate samples.

(40) "Sample" means an amount of a hemp item or hemp collected by laboratory personnel from a grower or handler and provided to a laboratory for testing.

(41) "Sample increment" means an amount of a hemp item or hemp collected by laboratory personnel from a grower or handler that may be combined into a sample for purposes of testing.

(42) "Standard operating procedure" means a written set of instructions or procedures using the same ingredients, methods and steps to create a single type of industrial hemp item or hemp-derived vapor item.

(43) "Sterilization" means the removal of all microorganisms and other pathogens from a hemp item by treating it with approved chemicals or subjecting it to high heat or other process.

(44) "Test batch" means a group of samples from a batch submitted collectively to a laboratory for testing purposes.

(45) "Texture" means the feel, appearance, or consistency of a hemp item.

(46) "THC" means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.

(47) "THCA" means tetrahydrocannabinolic acid, Chemical Abstracts Service Number 23978-85-0.

(48) "These rules" means OAR 603-048-2300 through 603-048-2500.

(49) "TNI" means The NELAC (National Environmental Laboratory Accreditation Conference) Institute, a voluntary organization of state and federal environmental officials and interest groups purposed primarily to establish consensus standards for accrediting environmental laboratories.

(50) "TNI EL Standards" means the adopted 2009 TNI Environmental Lab Standards (© 2009 The NELAC Institute), which describe the elements of laboratory accreditation developed and established by the consensus principles of TNI and that meet the approval requirements of TNI procedures and policies.

(51) "Unit of sale" means an amount of a hemp item commonly packaged for transfer or sale to a consumer or capable of being packaged for transfer or sale to a consumer.

(52) "Usable hemp"

(a) Means the flowers and leaves of industrial hemp intended for human consumption that does not fall within meaning hemp concentrate or extract, hemp edible, or hemp cannabinoid product.

(b) Includes, for purposes of these rules, pre-rolled hemp as long as the pre-roll consists of only dried hemp leaves and flowers, an unflavored rolling paper and a filter or tip.

(c) For sampling and testing purposes is equivalent to usable marijuana as that is defined in OAR 333-007-0310.

Or. Admin. Code § 603-048-2310

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 14-2018, amend filed 04/03/2018, effective4/3/2018; DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019; DOA 29-2021, amend filed 12/29/2021, effective 1/1/2022; DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; 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 561.190, ORS 571.263, ORS 571.281, ORS 571.330 & ORS 571.337

Statutes/Other Implemented: ORS 571.260 - 571.348