1. (1) The Commission may request that the cannabis reference laboratory conduct any of the following:

   1. (a) Audit testing as described in OAR 845-025-5760; or
   2. (b) Testing if the Commission has reason to believe the marijuana item, industrial hemp or hemp item is not in compliance with ORS 475C.544 or these rules.
2. (2) The Commission may consider a test conducted by the cannabis reference laboratory to be a compliance test.

3. (3) If a test conducted by the cannabis reference laboratory indicates a sample fails to comply with concentration limits in OAR chapter 845, division 26 or an action level in OAR chapter 333, division 7, the Commission may invalidate the results of the test conducted by the original laboratory. If the Commission invalidates a compliance test result:

   1. (a) The Commission must notify the licensee who ordered the compliance test.
   2. (b) The licensee must follow the applicable procedures under OAR 333-007-0450 regarding failed test samples.
   3. (c) The Commission may request reanalysis by the reference laboratory conducted pursuant to OAR 333-007-0450.

   4. (d) The Commission may request or require the recall any marijuana items, industrial hemp or hemp items associated with a failed sample that have been sold or transferred. The recall must be conducted in accordance with OAR 845-025-5790. The licensee must either:

      1. (A) Destroy the affected marijuana items, industrial hemp, or hemp items; or
      2. (B) Remediate the affected marijuana items, industrial hemp, or hemp items in accordance with OAR 333-007-0450.

Statutory/Other Authority

ORS 475C.017, 475C.237, ORS 475C.523, 571.275 & 571.337

Statutes/Other Implemented

ORS 475C.523

History

OLCC 12-2024, amend filed 12/20/2024, effective 01/01/2025
OLCC 7-2023, adopt filed 11/17/2023, effective 01/02/2024