OAR 333-007-0450
Failed Test Samples

(1) If a sample or a field duplicate sample (collectively referred to as “sample” for purposes of this rule) fails any initial test the laboratory that did the testing may reanalyze the sample. The laboratory that did the initial test may not subcontract the reanalysis. If a primary sample or a field duplicate sample fails, both must be reanalyzed. If the sample passes, another laboratory must resample the batch and confirm that result in order for the batch to pass testing.
(a) If a registrant or licensee wishes to have a sample reanalyzed, the registrant or licensee must request a reanalysis within seven calendar days from the date the laboratory sent notice of the failed test to the registrant or licensee. The reanalysis must be completed by the laboratory within 30 days from the date the reanalysis was requested.
(b) If a registrant or licensee has requested a reanalysis in accordance with subsection (1)(a) of this rule and the sample passes, the registrant or licensee has seven calendar days from the date the laboratory sent notice of the passed test to request that another laboratory resample the batch and confirm the passed test result. The retesting must be completed by the second laboratory within 30 days from the date the retesting was requested.
(c) A registrant or licensee must inform the Authority or the Commission immediately, of the following, in a manner prescribed by the Authority or the Commission:
(A) A request for reanalysis of a sample;
(B) The testing results of the reanalysis;
(C) A request for retesting; and
(D) The results of retesting.
(2) If a sample fails a test or a reanalysis under section (1) of this rule the batch:
(a) May be remediated or sterilized in accordance with this rule; or
(b) If it is not or cannot be remediated or sterilized under this rule, must be destroyed in a manner specified by the Authority or the Commission.
(3) If a registrant is permitted to remediate under this rule, the registrant must provide notice to the Authority of the registrant’s intent to remediate.
(4) Except as otherwise permitted under this rule, a cannabinoid concentrate or extract that is permitted to undergo remediation cannot be further processed into a cannabinoid product during the remediation process.
(5) If a licensee or registrant is permitted under this rule to sell or transfer a batch that has failed a test, the licensee or registrant must notify the licensee or registrant to whom the batch is sold or transferred of the failed test.
(6) Failed microbiological contaminant testing.
(a) If a sample from a batch of marijuana or usable marijuana fails microbiological contaminant testing the batch may be used to make a cannabinoid concentrate or extract if the processing method effectively sterilizes the batch, such as a method using a hydrocarbon based solvent or a CO2 closed loop system.
(b) If a sample from a batch of a cannabinoid concentrate or extract fails microbiological contaminant testing the batch may be further processed if the processing method effectively sterilizes the batch, such as a method using a hydrocarbon based solvent or a CO2 closed loop system.
(c) A batch that is sterilized in accordance with subsection (a) or (b) of this section must be sampled and tested in accordance with these rules and must be tested if not otherwise required for that product, for microbiological contaminants, solvents and pesticides.
(d) A batch that fails microbiological contaminant testing after undergoing a sterilization process in accordance with subsection (a) or (b) of this section must be destroyed in a manner specified by the Authority or the Commission.
(7) Failed solvent testing.
(a) If a sample from a batch fails solvent testing the batch may be remediated using procedures that would reduce the concentration of solvents to less than the action level.
(b) A batch that is remediated in accordance with subsection (a) of this section must be re-sampled and re-tested in accordance with these rules and must be tested if not otherwise required for that product under these rules, for solvents and pesticides.
(c) A batch that fails solvent testing that is not remediated or that if remediated fails testing must be destroyed in a manner specified by the Authority or the Commission.
(8) Failed water activity or moisture content testing.
(a) If a sample from a batch of marijuana or usable marijuana fails for water activity or moisture content the batch from which the sample was taken may:
(A) Be used to make a cannabinoid concentrate or extract if the processing method effectively sterilizes the batch; or
(B) Continue to dry or cure.
(b) A batch that undergoes additional drying or curing as described in paragraph (a)(B) of this section must be sampled and tested in accordance with these rules.
(9) Failed pesticide testing.
(a) If a sample from a batch of marijuana or usable marijuana fails pesticide testing the batch may not be remediated and must be destroyed as ordered by the Authority or the Commission, except as permitted under subsection (c) of this section. A batch may not be destroyed without obtaining permission from the Authority or the Commission.
(b) The Authority must report to the Oregon Department of Agriculture all test results that show that a sample of usable marijuana failed a pesticide test.
(c) If a sample from a batch of marijuana or usable marijuana fails pesticide testing but only for the analytes piperonyl butoxide or pyrethrins, and the Oregon Department of Agriculture determines that the products used were listed on the Department’s Guide List for Pesticides and Cannabis and the product was applied in accordance with the label, the Authority or the Commission may permit the producer or grower to remediate the usable marijuana using procedures that would reduce the concentration of pesticides to less than the action level. A batch of usable marijuana that is permitted to be remediated must be re-sampled and re-tested for pesticides in accordance with these rules.
(d) If a processor or a processing site is only processing with marijuana or usable marijuana that has passed pesticide testing under OAR 333-007-0320 (Compliance Testing Requirements for Marijuana or Usable Marijuana) and a sample from a batch of a cannabinoid concentrate or extract fails pesticide testing the batch may be remediated using procedures that would reduce the concentration of pesticides to less than the action level.
(e) A batch that is remediated in accordance with subsection (d) of this section must be re-sampled and re-tested in accordance with these rules. A batch that is remediated but after being re-sampled and re-tested fails pesticide testing must be destroyed as ordered by the Authority or the Commission.
(10) Failed potency testing.
(a) A marijuana item that fails potency testing under OAR 333-007-0430 (Standards for THC and CBD Compliance Testing)(2)(b) or (3)(b) may be repackaged in a manner that enables the item to meet the concentration limit standards in OAR 333-007-0210 (Retail Marijuana Item Concentration and Serving Size Limits) and 333-007-0220 (Medical Marijuana Item Concentration Limits), as applicable. A marijuana item that is repackaged in accordance with this subsection must be re-sampled and re-tested in accordance with these rules.
(b) A marijuana item that fails potency testing under OAR 333-007-0430 (Standards for THC and CBD Compliance Testing)(2)(a) or (3)(a) may be re-mixed in an effort to meet the standards in OAR 333-007-0430 (Standards for THC and CBD Compliance Testing)(2)(a) or (3)(a). A marijuana item that is re-mixed must be re-sampled and re-tested in accordance with these rules.

(11)

If a sample fails a test after undergoing remediation or sterilization as permitted under this rule the batch must be destroyed in a manner approved by the Authority or the Commission.
(12) A registrant must inform a laboratory prior to samples being taken that the batch has failed a test and is being retested after undergoing remediation or sterilization.
(13) A registrant must, as applicable:
(a) Have detailed procedures for sterilization processes to remove microbiological contaminants and for reducing the concentration of solvents.
(b) Document all sampling, testing, sterilization, remediation and destruction that are a result of failing a test under these rules.
(14) If a batch fails a test under these rules a registrant:
(a) Must store and segregate the batch in a secure area and label the batch clearly to indicate it has failed a test and the label must include a test batch number.
(b) May not remove the batch from the registered premises without permission from the Authority.

Source: Rule 333-007-0450 — Failed Test Samples, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-007-0450.

Last Updated

Jun. 8, 2021

Rule 333-007-0450’s source at or​.us