Oregon Administrative Rules
Chapter 150 - DEPARTMENT OF REVENUE
Division 475 - CONTROLLED SUBSTANCES
Section 150-475-6020 - Kratom Processor Testing
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Finished Processed Kratom Product Batches.
(2) Unfinished Kratom Product Testing.
(3) Third-Party testing. As required in sections (1)(b) and (2)(b) of this rule, a kratom processor must ensure a minimum of 0.5 percent by volume of each batch of kratom products is tested by a third party to ensure the products do not contain dangerous non-kratom substances. A batch of kratom products must be tested for the following contaminants in a manner consistent with the standards in the referenced administrative rules:
(4) Kratom processors must retain records of third-party test results for a period of 3 years from the date of the test results or while the kratom products are in their possession, whichever is longer, and provide the records to the Department upon request. Records may be kept in hard copy or machine-sensible format as those terms are defined in OAR 150-475-2050.
(5) Kratom processor's obligations when product has been tested by another registered Kratom processor.
Example 1: Annie, a registered Oregon kratom processor, purchases finished kratom products at wholesale from Brandon, also a registered Oregon kratom processor. Brandon has tested all finished kratom products included in the invoice in accordance with section (3) of this rule and provides Annie with an invoice complete with his registration certificate number and a statement that all kratom products on the invoice have been tested in accordance with OAR 150-475-6020. Annie must retain copies of those invoices and does not need to retest the kratom products to satisfy the requirements of section (3) of this rule. Brandon must retain test results records in accordance with section (4) of this rule.
Example 2: Jake, a registered Oregon kratom processor, purchases finished kratom products at wholesale from Jamie, who is not a registered Oregon kratom processor. Jake must ensure each batch of finished kratom products is tested by a third party in accordance with section (3) of this rule and must retain test results records in accordance with section (4) of this rule.
Example 3: Rachael, a registered Oregon kratom processor, purchases unfinished kratom products from Brandon, also a registered Oregon kratom processor. Subsequently, Rachael converts the unfinished kratom products into finished kratom products. Rachael must ensure each batch of finished kratom products is tested by a third party in accordance with section (3) of this rule and retain test results records in accordance with section (4) of this rule.
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 3