Effective March 1, the Oregon Department of Agriculture adopted temporary rules as a stopgap to bring their rules under OAR Chapter 603 into conformity with the newly updated Oregon Health Authority’s testing rules. Industrial hemp intended for human consumption[1] and hemp items[2] must be tested per OHA rules, thus ODA had to update their rules to match the new OHA rules.

The temporary rules focus on these testing requirements but also adds or alters the recordkeeping requirements for all industrial hemp registrants (growers and handlers). The amendments include the following changes:

  • Amends OAR 603-048-0500 record keeping requirements for ODA registered hemp growers and handlers, including but not limited to records that identify harvest and process lots, transfer records, and testing records.
    • Requires harvest lot and process lot tracking, identifiers, and detailed disposition information, UID tracking for transfers to OLCC licensee, and all testing information for each harvest lot.
  • Amends 603-048-0600 on pre-harvest sampling and testing to require reporting by the Department or laboratory of the THC content of the harvest lot and to require that to pass the tests, THC content must not exceed 0.35% THC on a dry weight basis.
  • Amends 603-048-1000 on violations to make altering or falsifying a test result a sanctionable offense.
  • Amends 603-048-2300 on testing industrial hemp for human consumption and hemp items to conform to OHA testing rule amendments, including:
    • Adding as a violation falsifying or altering test results.
    • Laboratory test results must clearly identify the process lot identifier.
    • The laboratory must meet the proficiency testing requirements in OAR 333-064-0120.
  • Amends the definition sections of 603-048-0010 and -2310.
  • Amends 603-048-2315 on ordering testing to require additional information when ordering laboratory testing (to align with new OHA rules)
  • Amends 603-048-2320 on compliance testing for industrial hemp for human consumption to add that such hemp must be tested in the same manner as marijuana under OAR 333-007-0320 and imposing all other compliance testing requirements under that section to both handlers and growers.
  • Amends 603-048-2330 on compliance testing for hemp concentrate or extract testing to add that every process lot of finished hemp concentrate or extract must be tested in the same manner as the cannabinoid equivalent under OAR 333-007-0330(1) and adds a carveout for pesticide testing of concentrates made only using food grade animal fat or food grade plant-based oil under certain conditions.
  • Makes clarifying amendments to the language of OAR 603-048-2340 as to “finished cannabinoid product.”
  • Amends 603-048-2350 on compliance testing batches by setting 30-pound batches for testing of industrial hemp for human consumption and hemp stalks, changing the batches for usable hemp from 15 pounds to 30 pounds, and making other clarifying amendments.
  • Amends 603-048-2380 on site and record requirements for pre-tested industrial hemp intended for human consumption or hemp items with clarifying language, including that the requirements apply to growers or handlers, as applicable.
  • Amends 603-048-2440 on control studies to increase the testing of future batches in a control study from one to two years, adding the standard for how a control study is invalidated (per OAR 333-007-0440(10)), imposing a duty on the handler to report a study’s invalidation, and deeming any testing performed as part of a control study to be a “compliance test.”
  • Amends 603-048-2450 on failed test samples to include additional protocols for failed test samples, such as the initial laboratory may not subcontract out the reanalysis. Also adds that if a grower or handlers intends to remediate, it must give notice to the Department of such plans. Also adds that certain section requirements apply to growers and handlers.
  • Amends 603-048-2480 on additional testing to apply to growers and handlers.
  • Amends 603-048-2500 on quality control with clarifying language.

These rules will stay in effect through August 27, 2019, unless ODA further amends its rules to the contrary.

[1] Meaning “all non-seed parts and varieties of the Cannabis plant, whether growing or not, that pre-harvest contained an average tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry weight basis, and is intended to be processed and used for human consumption.” OAR 603-048-2310(26).

[2]  Meaning  “(a) usable hemp, hemp stalk, a cannabinoid product, or a hemp concentrate or extract. [And]
(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.” OAR 603-048-2310(19).