Or. Admin. R. 845-025-5790

Current through Register Vol. 63, No. 9, September 1, 2024

Section 845-025-5790 - Marijuana Item Recalls

(1) The Commission may require a licensee to recall any marijuana item, industrial hemp, or a hemp item that the licensee has sold or transferred upon a finding that circumstances exist that pose a risk to public health and safety. A recall may be based on, but it not limited to, evidence that:

(a) Pesticides were used in the production of marijuana or industrial hemp in violation of ORS 634 and OAR 603, Division 57;

(b) A marijuana item, industrial hemp, or a hemp item is contaminated or otherwise unfit for human use, consumption or application; or

(c) A marijuana item, including any marijuana, usable marijuana, cannabinoid concentrate or extract used in the processing of the marijuana item was not produced or processed by a licensee.

(2) If the Commission finds that a recall is required, the Commission must notify the public and licensees of the recall, may require a licensee to notify an individual to whom a marijuana item, industrial hemp, or a hemp item was sold and may require that the licensee destroy the recalled product.

Or. Admin. R. 845-025-5790

OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 142-2022, minor correction filed 03/25/2022, effective 3/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023

Statutory/Other Authority: ORS 475C.017, ORS 571.337 & 571.275

Statutes/Other Implemented: ORS 475C.021