1. (1) In addition to the prohibitions set forth in OAR 333-333-6000, a laboratory licensee may not:

   1. (a) Perform any required psilocybin sampling or testing using any sampling or testing methods or equipment not permitted under the laboratory’s accreditation through the Oregon Environmental Laboratory Accreditation Program.
   2. (b) Perform any required psilocybin sampling or testing for any licensed psilocybin manufacturer in which the laboratory licensee has a financial interest.
   3. (c) Receive, possess or perform sampling and testing of psilocybin products from any source other than a licensed premises as allowed by these rules.
   4. (d) Engage in any activity that violates any provision of ORS chapter 475A, OAR chapter 333, division 64 as applicable, or these rules.
2. (2) Samples of psilocybin products received for tests required by OAR 333-333-7030, OAR 333-333-7040, OAR 333-333-7050, OAR 333-333-7060, OAR 333-333-7070, OAR 333-333-7080 may only be used to perform the compliance test that was ordered and for the purpose of establishing instrument calibration or validating laboratory processes necessary for testing required under ORS 475A.590.
3. (3) Notwithstanding section (2) of this rule, any unused portions of samples collected and retained for the purpose of performing compliance tests may be used to perform quality control tests pursuant to OAR 333-333-7150 upon a manufacturer’s request.
4. (4) Nothing in these rules prohibits testing laboratory licensees from possessing Psilocybe cubensis for purposes of method validation.
5. (5) The Oregon Health Authority may suspend or revoke a laboratory license for any violation of ORS chapter 475A, OAR chapter 333, division 64, or these rules. The licensee has a right to a hearing under the procedures of ORS chapter 183.

Statutory/Other Authority

ORS 475A.235 & ORS 475A.594

Statutes/Other Implemented

ORS 475A.235

History

PH 82-2024, amend filed 11/22/2024, effective 01/01/2025
PH 58-2023, amend filed 12/21/2023, effective 01/01/2024
PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022