Marijuana Testing Laboratories - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

MARIJUANA TESTING LABORATORIES

Source: Oregon.gov

845-025-5000
Laboratory License Privileges; Requirements
(1) A licensed marijuana testing laboratory may:
(a) Obtain samples of marijuana items from licensees or registrants for the purpose of testing as provided in these rules and OAR 333-007-0300 to 333-007-0490 if the laboratory has an accredited scope item for sampling;
(b) Transport and dispose of samples as provided in these rules;
(c) Perform testing on marijuana items in a manner consistent with the laboratory’s accreditation by the Authority, these rules, OAR 333-007-0300 to 333-007-0490, and OAR 333, Division 64; and
(d) Transfer the laboratory’s marijuana waste to a producer, processor, wholesaler, or research certificate holder.
(2) A licensed marijuana testing laboratory must, upon request of the Oregon Department of Agriculture, provide a test result and any other information or sample material to the Department.
(3) Notwithstanding the requirements of OAR 845-025-1230, a laboratory license may permit a registrant 18 years of age or older to be present on the licensed premises for the purpose of delivering a marijuana item for sampling and testing.
(4) Nothing in these rules prohibits a laboratory licensee from testing industrial hemp or industrial hemp commodities and products in accordance with Oregon Laws 2016, chapter 71, section 9.
Stat. Auth.: ORS 475B.560

Stats. Implemented: ORS 475B.560
845-025-5030
Laboratory Licensing Requirements
(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 475B.550 to 475B.590, 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, wholesaler or retail license;
(B) Is registered with the authority under ORS 475B.420 and is a person designated to produce marijuana by a registry identification cardholder as that is defined in ORS 475B.410; or
(C) Is registered with the authority under ORS 475B.435 or 475B.450.
(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 475B.550 to 475B.590, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64, or these rules.
Stat. Auth.: ORS 475B.560
Stats. Implemented: ORS 475B.560
845-025-5045
Laboratory Tracking and Reporting
(1) A laboratory licensee is required to utilize CTS for sampling or testing conducted for licensees and research certificate holders and follow all requirements established by OAR 845-025-7500 to OAR 845-025-7590.
(2) A laboratory licensee conducting sampling or testing for licensees is responsible for tracking and entering the following information into CTS:
(a) Receipt of samples for testing, including:
(A) Size of the sample;
(B) Name of licensee or research certificate holder from whom the sample was obtained;
(C) Date the sample was collected; and
(D) UID tag information associated with the harvest or process lot from which the sample was obtained.
(b) Tests performed on samples, including:
(A) Date testing was performed;
(B) What samples were tested for;
(C) Name of laboratory responsible for testing; and
(D) Results of all testing performed.
(c) Disposition of any testing sample material.
(3) A laboratory must also comply with any recordkeeping requirements in OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
Stat. Auth.: ORS 475B.560
Stats. Implemented: ORS 475B.560
845-025-5060
Laboratory Transportation and Waste Disposal

(1) A laboratory licensee must follow OAR 845-025-7700 and any applicable rules in OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64 regarding transportation of marijuana items.
(2) A laboratory licensee must follow all rules regarding disposal of samples from marijuana items established in OAR 845-025-7750.
Stat. Auth.: ORS 475B.560
Stats. Implemented: ORS 475B.560
845-025-5075
Laboratory Licensee Prohibited Conduct
(1) In addition to the prohibitions set forth in OAR 845-025-8520, a laboratory licensee may not: (a) Perform any required marijuana sampling or testing using any sampling or testing methods or equipment not permitted under the laboratory’s accreditation through the Authority;
(b) Perform any required marijuana sampling or testing for any licensed marijuana producer, processor, wholesaler or retailer in which the laboratory licensee has a financial interest; or
(c) Engage in any activity that violates any provision of ORS Chapter 475B, OAR 333-007-0300 through OAR 333-007-0490 or OAR 333, Division 64 as applicable or these rules.
(2) The Commission may suspend or revoke a laboratory license for any violation of ORS 475B.550 to ORS 475B.590, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64, or these rules. The licensee has a right to a hearing under the procedures of ORS chapter 183; OAR chapter 137, division 003; and OAR chapter 845, division 003.
(3) A violation of this rule is a Category I violation and could result in license revocation.
Stat. Auth.: ORS 475B.560
Stats. Implemented: ORS 475B.560