1. (1) A grower or handler may not sell, or offer for sale or transfer industrial hemp for human consumption or a hemp item unless it is first tested by a laboratory as required by these rules.
   (2) Violations of these rules may result in the suspension or revocation of a licensee’s license or the imposition of civil penalties, or both. Violations include:
   (a) Failure to test industrial hemp for human consumption or a hemp item in accordance with these rules;
   (b) Selling, offering for sale, or transferring industrial hemp for human consumption or a hemp item that has not been tested or does not pass testing  required by these rules;
   (c) Failure to maintain a copy of all required test reports as required by OAR 603-048-0500; and
   (d) Failure to report failed test results to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department within 24 hours after receipt of failed result.
   (e) Altering or falsifying a laboratory test report or result.
   (3) These rules require industrial hemp for human consumption and hemp items to be sampled, tested, and reported in a manner consistent with the Authority’s marijuana sampling and testing rules in OAR 333-007-0300 to 333-007-0500 and OAR 333-064. In applying those rules:
   (a) Industrial hemp for human consumption and hemp items are treated as their marijuana equivalents as described in OAR 603-048-2310;
   (b) References to “licensee or registrant” or “processor or processing site” should be read as “grower” or “handler”;
   (c) References to “Authority or the Commission” should be read as “Department”; and
   (d) References to “consumer or patient” should be read as “consumer” as that is defined in OAR 603-048-2310.
   (4) To be sufficient to meet the requirement for testing under these rules, a licensed grower or handler must ensure through a testing agreement or contract with the laboratory that the laboratory:
   (a) Samples industrial hemp for human consumption and hemp items according to OAR 333-007-0360 and OAR 333-064-0100;
   (b) Tests industrial hemp for human consumption and hemp items according to OAR 333-007-0390 to 333-007-0450 and 333-064-0100;
   (c) Keeps records in accordance with OAR 333-064-0100.
   (d) Reports all failed tests to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department consistent with reporting requirements under OAR 333-064-0110;
   (e) Provides the licensee with test reports that meet the requirements in OAR 333-064-0110.
   (f) Provides test reports that clearly identify the process lot identifier.
   (g) Meets the proficiency testing requirements in OAR 333-064-0120.
   (h) Can demonstrate that its limit of quantification (LOQ) satisfies the requirements in OAR 333-064-0100(12).
   (5) Each unit of sale of hemp item or lot of industrial hemp for human consumption sold, transferred, or attempted to be sold or transferred in violation of these rules is a separate violation.
   (6) The requirement to contract with a laboratory under Subsection (4) of this rule does not apply to hemp items manufactured outside the state of Oregon.

Statutory/Other Authority

ORS 561.190, 571.263, 571.281, 571.285, 571.322 & 571.330

Statutes/Other Implemented

571.322, 571.330, ORS 571.333, 571.336, 571.337, 571.339 & 571.348

History

DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17