Testing - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

TESTING

Source: Oregon.gov

845-025-5700
Licensee Testing Requirements
(1) Licensees must comply with the Authority’s testing rules in OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64 prior to the sale or transfer of a marijuana item, as specified in those rules.
(2) A violation is this rule is a Category I violation.
Stat. Auth.: ORS 475B.550 & 475B.555
Stats. Implemented: ORS 475B.550 & 475B.5555
845-025-5720
Labeling, Storage, and Security of Pre-Tested Marijuana Items
(1) Following samples being taken from a harvest or process lot batch a licensee must:

(a) Label the batch with the following information:
(A) The licensee’s license number;
(B) The harvest or process lot unique identification number;
(C) The name and accreditation number of the laboratory that took samples and the name and accreditation number of the laboratory that will perform the testing, if different;
(D) The test batch or sample unique identification numbers supplied by the laboratory personnel;
(E) The date the samples were taken; and
(F) In bold, capital letters, no smaller than 12 point font, “PRODUCT NOT TESTED.”
(b) Store and secure the batch in a manner that prevents the product from being tampered with or transferred or sold prior to test results being reported.
(c) Be able to easily locate a batch stored and secured under section (1)(b) of this rule and provide that location to the Commission or a laboratory upon request.
(2) A batch may be stored in more than one receptacle as long as the labeling requirements are met.
(3) If the samples pass testing the product may be sold or transferred in accordance with the applicable Commission rules.
(4) If the samples do not pass testing the licensee must comply with OAR 845-025-5740 and 333-007-0450, as applicable.
Stat. Auth.: ORS 475B.550 & 475B.555
Stats. Implemented: ORS 475B.550 & 475B.555
845-025-5730
Wholesaler Coordination of Sampling and Testing
A wholesaler:
(1) May accept a batch, as that term is defined in OAR 333-007-0310 from a producer or processor that:
(a) Has not been sampled or tested in accordance with OAR 333-007-0300 to 333-007-0490, and OAR 333, Division 64 and may order tests and arrange for the sampling and testing of the batch in accordance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
(b) Has been sampled but has not yet been tested in accordance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
(2) Must secure, label, and store pre-tested marijuana items in accordance with OAR 845-025-5720.
(3) May not transfer or sell a marijuana item unless that marijuana item:
(a) Has been sampled and tested in accordance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
(b) Has passed all the required tests in OAR 333-007-0300 to 333-007-0490.
(4) Is jointly and severally responsible for ensuring compliance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64 with the licensee who produced or processed the marijuana item.
Stat. Auth.: ORS 475B.100 & 475B.555
Stats. Implemented: ORS 475B.100 & 475B.555

845-025-5740
Failed Test Samples
If a licensee fails a test the licensee must comply with OAR 333-007-0450.
Stat. Auth.: ORS 475B.550 & 475B.555
Stats. Implemented: ORS 475B.550 & 475B.555
845-025-5760
Audit, Compliance, and Random Testing
(1) The Commission may require a licensee to submit samples identified by the Commission to a laboratory of the licensee’s choosing to be tested in order to determine whether a licensee is in compliance with OAR 333-007-0300 through 333-007-0490 and may require additional testing that is not required by these rules.
(2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods.
(3) The commission must establish a process for the random testing of marijuana items for microbiological contaminants that ensures each licensee tests every product for microbiological contaminants at least once a year.
(4) The Commission may exempt a product that has successfully completed process validation in accordance with OAR 333-007-0440 from testing for microbiological contaminants.
Stat. Auth.: ORS 475B.550 & 475B.555
Stats. Implemented: ORS 475B.550 & 475B.555
845-025-5790
Marijuana Item Recalls
(1) The Commission may require a licensee to recall any marijuana item that the licensee has sold or transferred upon a finding that circumstances exist that pose a risk to public health and safety. A recall may be based on, but it not limited to, evidence that:
(a) Pesticides were used in the production of marijuana in violation of ORS 634 and OAR 603, Division 57;
(b) A marijuana item is contaminated or otherwise unfit for human use, consumption or application; or
(c) A marijuana item, including any marijuana, usable marijuana, cannabinoid concentrate or extract used in the processing of the marijuana item was not produced or processed by a licensee.
(2) If the Commission finds that a recall is required, the Commission must notify the public and licensees of the recall, may require a licensee to notify an individual to whom a marijuana item was sold and may require that the licensee destroy the recalled product.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025 and 475B.030