Current through Register Vol. 63, No. 3, March 1, 2024
(1) A certificate
holder must enter a batch of industrial hemp or a hemp item into CTS prior to
requesting testing under these rules.
(2) To request a compliance test a requestor
must provide a laboratory licensee, prior to the laboratory taking samples,
with at a minimum, the following information as applicable:
(a) The licensee's or certificate holder's
license or certificate number.
(b)
The name, address, and contact information of the licensee or certificate
holder.
(c) Whether the item is
harvested industrial hemp or a hemp item and, if the item is a hemp item, the
type of hemp item.
(d) Harvest lot
identifier that is associated with the batch, if applicable.
(e) Process lot number or identifier that is
associated with the batch, if applicable.
(f) Batch numbers or identifiers to be
sampled.
(g) Total mass of each
batch to be sampled.
(h) For hemp
cannabinoid products, all intended units of sale.
(i) Identification of the test or tests the
laboratory is being requested to conduct.
(j) Whether the test or tests being requested
are compliance tests.
(k) Whether
the test or tests being requested are for quality control, research and
development, or any purpose other than a compliance test.
(l) Whether a batch is being re-sampled
because of a failed test and if so, the date the failed test result was
received by the licensee and laboratory licensee's license number of the
laboratory that conducted the initial test.
(m) Whether the hemp or hemp item was
remediated, if remediation is permitted under OAR 845-025-5850.
(n) For tests requested by a certificate
holder, whether the harvested industrial hemp or hemp item is intended to be
transferred to a licensee.
(o) For
tests requested by a processor, whether the hemp item is intended to be
transferred to an unlicensed person in accordance with OAR
845-025-3320.
(3) If the
licensee or certificate holder informs a laboratory licensee that a batch of
hemp or a hemp item is being resampled after a failed test, the licensee or
certificate holder must provide the laboratory licensee with documentation of
the failed test as applicable.
(4)
It is the responsibility of the licensee or certificate holder to order the
tests necessary to comply with these rules.
(5) Limitations on the testing that a
licensee or certificate holder may request.
(a) A licensee may only order a compliance
test for a hemp item that the licensee has processed, except a wholesaler who
may order a compliance test.
(b) An
industrial hemp grower certificate holder may order a compliance test for any
harvested industrial hemp in the certificate holder's possession at the
location where the certificate is held.
(c) An industrial hemp handler certificate
holder may order a compliance test for any harvested industrial hemp or hemp
item in the certificate holder's possession at the location where the
certificate is held.
(6)
More than one compliance test for the same harvested industrial hemp or hemp
item may not be ordered.
(7) It is
a violation of these rules for a licensee to:
(a) Fail to provide the information required
in these rules to the laboratory licensee; or
(b) Submit false or misleading information to
a laboratory licensee or a directed agent to submit false or misleading
information to a laboratory licensee.
(8) Once a test order has been submitted to a
laboratory licensee by a licensee or certificate holder and at least one test
has already been performed, the order may not be canceled unless written
permission is given by the Commission, the Oregon Health Authority, or the
Oregon Department of Agriculture.
Statutory/Other Authority: ORS
475C.017, ORS
571.336,
571.337
Statutes/Other Implemented: ORS
571.336,
571.337
