Or. Admin. Code § 845-025-5815

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

Section 845-025-5815 - Ordering Tests for Industrial Hemp and Hemp Items

(1) A certificate holder must enter a batch of industrial hemp or a hemp item into CTS prior to requesting testing under these rules.

(2) To request a compliance test a requestor must provide a laboratory licensee, prior to the laboratory taking samples, with at a minimum, the following information as applicable:

(a) The licensee's or certificate holder's license or certificate number.

(b) The name, address, and contact information of the licensee or certificate holder.

(c) Whether the item is harvested industrial hemp or a hemp item and, if the item is a hemp item, the type of hemp item.

(d) Harvest lot identifier that is associated with the batch, if applicable.

(e) Process lot number or identifier that is associated with the batch, if applicable.

(f) Batch numbers or identifiers to be sampled.

(g) Total mass of each batch to be sampled.

(h) For hemp cannabinoid products, all intended units of sale.

(i) Identification of the test or tests the laboratory is being requested to conduct.

(j) Whether the test or tests being requested are compliance tests.

(k) Whether the test or tests being requested are for quality control, research and development, or any purpose other than a compliance test.

(l) Whether a batch is being re-sampled because of a failed test and if so, the date the failed test result was received by the licensee and laboratory licensee's license number of the laboratory that conducted the initial test.

(m) Whether the hemp or hemp item was remediated, if remediation is permitted under OAR 845-025-5850.

(n) For tests requested by a certificate holder, whether the harvested industrial hemp or hemp item is intended to be transferred to a licensee.

(o) For tests requested by a processor, whether the hemp item is intended to be transferred to an unlicensed person in accordance with OAR 845-025-3320.

(3) If the licensee or certificate holder informs a laboratory licensee that a batch of hemp or a hemp item is being resampled after a failed test, the licensee or certificate holder must provide the laboratory licensee with documentation of the failed test as applicable.

(4) It is the responsibility of the licensee or certificate holder to order the tests necessary to comply with these rules.

(5) Limitations on the testing that a licensee or certificate holder may request.

(a) A licensee may only order a compliance test for a hemp item that the licensee has processed, except a wholesaler who may order a compliance test.

(b) An industrial hemp grower certificate holder may order a compliance test for any harvested industrial hemp in the certificate holder's possession at the location where the certificate is held.

(c) An industrial hemp handler certificate holder may order a compliance test for any harvested industrial hemp or hemp item in the certificate holder's possession at the location where the certificate is held.

(6) More than one compliance test for the same harvested industrial hemp or hemp item may not be ordered.

(7) It is a violation of these rules for a licensee to:

(a) Fail to provide the information required in these rules to the laboratory licensee; or

(b) Submit false or misleading information to a laboratory licensee or a directed agent to submit false or misleading information to a laboratory licensee.

(8) Once a test order has been submitted to a laboratory licensee by a licensee or certificate holder and at least one test has already been performed, the order may not be canceled unless written permission is given by the Commission, the Oregon Health Authority, or the Oregon Department of Agriculture.

Or. Admin. Code § 845-025-5815

OLCC 202-2022, adopt filed 11/21/2022, effective 1/1/2023

Statutory/Other Authority: ORS 475C.017, ORS 571.336, 571.337

Statutes/Other Implemented: ORS 571.336, 571.337