Or. Admin. Code § 603-048-2450

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

Section 603-048-2450 - Failed Test Samples

(1) If a sample or a duplicate sample (collectively referred to as "sample" for the purposes of this rule) fails any initial test, the laboratory that did the testing may reanalyze the sample. The laboratory that did the initial test may not subcontract the reanalysis. If a primary sample or a duplicate sample fails, both must be reanalyzed. If the sample passes, another laboratory must resample the batch and confirm that result in order for the batch to pass testing.

(a) If a grower or handler wishes to have a sample reanalyzed, the grower or handler must request a reanalysis within seven (7) calendar days from the date the laboratory sent notice of the failed test to the grower or handler. The reanalysis must be completed by the laboratory within 30 calendar days from the date the reanalysis was requested.

(b) If a grower or handler has requested a reanalysis in accordance with subsection (1)(a) of this rule and the sample passes, the handler has seven (7) calendar days from the date the laboratory sent notice of the passed test to request that another laboratory resample the batch and confirm the passed test result. The retesting must be completed by the second laboratory within 30 calendar days from the date the retesting was requested.

(c) A grower or handler must inform the Department within 24 hours, of the following, electronically to HempTestReports@oda.oregon.gov using the forms provided the Department:

(A) A request for reanalysis of a sample;

(B) The testing results of the reanalysis;

(C) A request for retesting; and

(D) The results of retesting.

(2) If a sample fails a test or a reanalysis under section (1) of this rule, the batch:

(a) May be remediated or sterilized according to the requirements of OAR 333-007-0450 for their marijuana equivalents as described in OAR 603-048-2310; or

(b) Must be destroyed as required by OAR 333-007-0450 in a manner specified by the Department if the batch is not or cannot be remediated or sterilized under OAR 333-007-0450 or fails testing as described in OAR 333-007-0450.

(3) If a grower or handler is permitted to remediate or sterilize under this rule, the grower or handler must provide notice to the Department of the handler's intent to remediate or sterilize.

(4) A grower or handler must inform a laboratory prior to samples being taken that the batch has failed a test and is being retested after undergoing remediation or sterilization.

(5) A grower or handler must, as applicable:

(a) Have detailed procedures for sterilization processes to remove microbiological contaminants and for reducing the concentration of solvents.

(b) Document all sampling, testing, sterilization, remediation and destruction that are a result of failing a test under these rules.

(c) A grower or handler must report failed test results to the Department within 24 hours of receipt of the failed test report electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department.

(6) If a batch fails a test under these rules, the grower or handler must store, segregate, label, and may not remove the batch from the registered premises without permission from the Department in accordance with OAR 333-007-0450.

Or. Admin. Code § 603-048-2450

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 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 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

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.319 & ORS 571.330

Statutes/Other Implemented: ORS 571.263, ORS 571.281, ORS 571.319 & ORS 571.330