1. (1) The purpose of OAR 845-025-5800 to 845-025-5850 is to describe how licensees and certificate holders must comply with the testing requirements for harvested industrial hemp and hemp items that are tracked in CTS.
2. (2) These requirements do not apply to harvested industrial hemp or hemp items that a certificate holder does not intend to transfer to a licensee.
3. (3) A certificate holder may not sell or transfer harvested industrial hemp or a hemp item to a licensee unless it is first tested by a laboratory as required by these rules.
4. (4) A licensee may not sell or transfer harvested industrial hemp or a hemp item unless it is first tested by a laboratory as required by these rules, except for a processor transferring a hemp item to a wholesaler to coordinate testing as described in OAR 845-025-5840.
5. (5) A licensee may not accept the transfer of harvested industrial hemp or a hemp item that is not sampled and passed any required compliance test in accordance with these rules, except for a wholesaler accepting the transfer of a hemp item from a processor to coordinate testing as described in OAR 845-025-5840.

6. (6) These rules require harvested industrial hemp and hemp items to be sampled, tested, and reported in a manner consistent with the Authority’s marijuana and hemp sampling and testing rules in OAR chapter 333, divisions 7 and 64. In applying those rules:

   1. (a) Industrial hemp and hemp items are treated as their marijuana equivalents as described in OAR 845-025-5800;
   2. (b) References to “licensee or registrant” or “processor or processing site” should be read as “licensee or certificate holder”; and
   3. (c) References to “chapter 845, division 26” or “OAR chapter 845, division 26” should be read as “OAR 845-025-2760.”

7. (7) To be sufficient to meet the requirement for testing under these rules, a licensee or certificate holder must ensure through a testing agreement or contract with the laboratory licensee, that the laboratory:

   1. (a) Samples harvested industrial hemp and hemp items according to OAR 333-007-0360 and OAR 333-064-0100;
   2. (b) Tests harvested industrial hemp and hemp items according to OAR 333-007-0390 to 333-007-0440 and 333-064-0100;
   3. (c) Keeps records in accordance with OAR 333-064-0100;
   4. (d) Provides the licensee, or certificate holder with test reports that meet the requirements in OAR 333-064-0110; and
   5. (e) Provides test reports that clearly identify the batch or process lot identifier.

Statutory/Other Authority

ORS 475C.017, ORS 571.336 & 571.337

Statutes/Other Implemented

ORS 571.336 & 571.337

History

OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023