1. (1) As is necessary to protect the public health and safety, and in consultation with the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, the Oregon Health Authority shall adopt rules establishing standards for the packaging of psilocybin products, including but not limited to ensuring that psilocybin products are not marketed in a manner that:

   1. (a) Is untruthful or misleading; or
   2. (b) Otherwise creates a significant risk of harm to public health and safety.
2. (2) In adopting rules under ORS 475A.210 to 475A.722, the authority shall require all psilocybin products sold or transferred by a psilocybin service center that holds a license issued under ORS 475A.305 to be packaged in accordance with subsection (1) of this section and rules adopted under subsection (1) of this section.

3. (3) In adopting rules under subsection (1) of this section, the authority:

   1. (a) May establish different packaging standards for different varieties and types of psilocybin products;
   2. (b) May consider the effect on the environment of requiring certain packaging;
   3. (c) Shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate client; and
   4. (d) May not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

[2021 c.1 §107]