Oregon Administrative Rules
Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION
Division 25 - RECREATIONAL MARIJUANA
Section 845-025-5030 - Laboratory Licensing Requirements
Universal Citation: OR Admin Rules 845-025-5030
Current through Register Vol. 63, No. 9, September 1, 2024
(1) General Requirements.
(a) A laboratory that intends to collect
samples or test marijuana items for producer, processor, wholesale, or retail
licensees, or research certificate holders must be licensed by the
Commission.
(b) An applicant for a
license under this rule must comply with all applicable application
requirements in OAR 845-025-1030 and pay the
required application and license fees.
(c) A laboratory application is subject to
the same application review procedures as other applicants.
(d) In addition to the denial criteria in OAR
845-025-1115, the Commission may
refuse to issue a laboratory license for any violation ORS
475C.540 to
475C.586, OAR
333-007-0300 to
333-007-0490, OAR 333, Division
64 or these rules.
(e) In addition
to the denial criteria in OAR
845-025-1115, the Commission may
refuse to issue a laboratory license to any person who:
(A) Holds a producer, processor, wholesale or
retail license;
(B) Is registered
with the authority under ORS
475C.792 and is a person
designated to produce marijuana by a registry identification cardholder as that
is defined in ORS 475C.777; or
(C) Is registered with the authority under
ORS 475C.815 or
475C.833.
(f) Laboratory application and license fees
are established in OAR
845-025-1060.
(g) A laboratory that is only accredited to
perform sampling may be designated as a Sampling Laboratory for purposes of the
licensing fee in OAR 845-025-1060. This designation
may only be changed upon license renewal.
(2) Accreditation by the Authority
(a) In addition to the requirements listed in
section (1) of this rule, an applicant for a laboratory license must be
accredited by the Authority under OAR 333, Division 64 for any cannabis
sampling or testing the applicant will perform under OAR
333-007-0300 to
333-007-0490.
(b) An applicant for a license under this
rule may apply for licensure prior to receiving accreditation, but the
Commission will not issue a license until proof of accreditation is
received.
(c) The Commission may
make efforts to verify or check on an applicant's accreditation status during
the licensing process, but an applicant bears the burden of taking all steps
needed to secure accreditation and present proof of accreditation to the
Commission.
(d) In addition to the
denial criteria in OAR
845-025-1115, the Commission may
consider an application incomplete if the applicant does not obtain
accreditation from the Authority within six months of applying for a license.
The Commission shall give an applicant an opportunity to be heard if an
application is declared incomplete under this section, but an applicant is not
entitled to a contested case proceeding under ORS chapter 183. An applicant
whose application is declared incomplete may reapply at any time.
(e) A licensed laboratory must maintain
accreditation by the Authority at all times while licensed by the Commission.
If a laboratory's accreditation lapses or is revoked at any time for any reason
while licensed by the Commission, the laboratory may not perform any activities
that are subject to the lapsed or revoked accreditation until it is
reinstated.
(f) Exercising license
privileges without proper accreditation is a Category I violation and could
result in license revocation.
(3) Renewal.
(a) A laboratory must renew its license
annually and pay the required renewal fees in accordance with OAR
845-025-1190.
(b) A laboratory renewal application may be
denied for any violation of ORS
475C.540 to
475C.586, OAR
333-007-0300 to
333-007-0490, OAR 333, Division
64, or these rules.
Statutory/Other Authority: ORS 475C.017 & 475C.548
Statutes/Other Implemented: 475C.548, ORS 475C.552, 475C.556 & 475.560
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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