Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions. The definitions in Oregon
Laws 2022, chapter 41, section 2 apply to the terms used in OAR 150-475-6010,
OAR 150-475-6020, and OAR 150-475-6030, in addition to the following
definitions.
(a) "Dangerous non-kratom
substance" means any substance present in a finished kratom product formulation
or unfinished kratom product that exceeds the amount allowable in OAR
150-475-6020(3).
(b) "Department"
means the Oregon Department of Revenue.
(c) "Finished kratom product" means a food,
food product, food ingredient, dietary ingredient, dietary supplement, or
beverage that has been produced or processed by a kratom processor in its final
state as intended for sale to a consumer.
(d) "Finished kratom product formulation"
means a combination of unfinished kratom products with another substance or
unfinished kratom products altered from their original state into a final form
to be sold to a consumer.
(e)
"Kratom processor annual registration fee" or "annual fee" means the fee
adopted by the department in this rule to be paid by kratom processors at the
time the registrant submits a registration under this rule.
(f) "Registration" means the registration
form and any additional documentation or information requested by the
department from a kratom processor to verify compliance with this rule and
includes both the initial registration and any renewal registrations submitted
by a kratom processor.
(g)
"Unfinished kratom product" means any part of the plant Mitragyna speciosa that
has not been processed into a finished kratom product or kratom product
formulation and that is intended to be sold, distributed, or exposed for sale
to a consumer in its original state.
(2) Kratom Processor Initial Registration
(a) Each kratom processor engaging in the
sale, distribution, or exposure for sale in the state of Oregon must submit a
registration form to the department on an annual basis. Beginning on and after
July 1, 2023, a kratom processor may not sell, distribute, or expose for sale
kratom products on a wholesale or retail basis in the state of Oregon without
first receiving a certificate of registration described in subsection (d) of
this section.
(b) The department
will not consider a registration submitted as complete until the kratom
processor has paid the kratom processor annual registration fee in full for
each registration form submitted to the department.
(A) If a kratom processor submits a
registration without full payment of the kratom processor annual registration
fee, the department will notify the kratom processor the registration is
incomplete.
(B) If the kratom
processor does not remit full payment of the registration fee within 14 days of
the notice, the department will consider the registration withdrawn and refund
any amount paid.
(c) The
department will not consider a registration submitted for review unless the
kratom processor certifies that all kratom products that will be distributed,
sold, or exposed for sale by the kratom processor will be third-party tested
for dangerous non-kratom substances in compliance with the requirements of OAR
150-475-6020 and Oregon Laws 2022, Chapter 41, Section 3.
(d) If the department determines the
registration is complete, it will provide the kratom processor a certificate of
registration.
(e) Completed
registrations that are received prior to July 1, 2023, will be effective from
July 1, 2023, through June 30, 2024. Completed registrations received after
July 1, 2023, will be effective for a one-year period from the issuance date on
the certificate of registration through the end of the calendar month of the
issuance date.
Example: Delaney submits a registration on June 20, 2023, and
remits payment on June 20, 2023. The department issues a certificate of
registration effective from July 1, 2023, through June 30, 2024. Evelyn submits
a registration on July 15, 2023, and remits payment on July 15, 2023. The
department determines the registration is complete and issues a certificate of
registration effective from July 15, 2023, through July 31, 2024. Wesley
submits a registration on July 31, 2023, but does not remit payment until
August 1, 2023. The department determines the registration is complete and
issues a certificate of registration effective from August 1, 2023, through
August 31, 2024.
(3) Kratom Processor Annual Registration Fee.
The kratom processor annual registration fee for registrations effective
beginning on or after July 1, 2023, is $460. The department shall review the
registration fee amount annually.
(4) Kratom Processor Registration Renewal. A
kratom processor may renew its registration beginning the first day of the
calendar month of expiration. A kratom processor must remit the full kratom
processor annual registration fee in effect at time the kratom processor
submits its registration renewal.
(5) Kratom Processor Annual Registration Fee
Nonrefundable. If the department verifies that a kratom processor's
registration is complete, then any kratom processor annual registration fee
submitted with the registration is nonrefundable.
Statutory/Other Authority: Oregon Laws 2022, chapter 41,
section 7
Statutes/Other Implemented: Oregon Laws 2022, chapter 41,
section 7 & Oregon Laws 2022, chapter 41, section
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