OAR 603-048-0600
Pre-Harvest Sampling and Testing for Tetrahydrocannabinol

(1) A grower may not harvest a harvest lot until it has been sampled in accordance with these rules.
(2) Required Sampling and Testing:
(a) A grower must ensure that the grower’s entire crop is timely sampled and tested according to these rules.
(b) Harvest lots must be sampled and tested separately and may not be combined. At the discretion of the grower, industrial hemp grown in a contiguous field or growing area may be subdivided into separate harvest lots for sampling and testing consistent with these rules. Sampling must be conducted and testing must be reported using the harvest lot identifier described in OAR 603-048-0500 (Record Keeping Requirements)(2).
(c) A grower must arrange for and ensure the sampling of a harvest lot no more than twenty-eight (28) calendar days prior to harvest for the purpose of ensuring that the harvest lot does not exceed permissible THC concentration levels on a dry weight basis.
(d) If a purpose of the harvest lot is to produce flower, the grower must arrange for sampling such that flowers are present at the time of sampling. In this case, only plants with flowers shall be sampled.
(3) To be sufficient to meet required THC testing under these rules all sampling and testing must be performed by the Department or a laboratory.
(4) If a grower uses a laboratory to perform testing and sampling the grower must ensure that the laboratory:
(a) Retains all documentation of sampling and testing for at least three years and can provide such documentation to the Department upon request.
(b) Complies with sample or matrix spike recovery requirements and Relative Percent Difference requirements as described in Exhibit B.
(c) Can demonstrate that its limit of quantification (LOQ) for THC is at or below 0.3 percent THC.
(d) Requires all laboratory staff conducting sampling to complete annual sampling training with the Department prior to conducting sampling.
(e) Tests for and reports the total THC content of the harvest lot calculated in accordance with OAR 333-064-0100 (Marijuana Item Sampling Procedures and Testing)(4).
(5) To request sampling and testing, prior to sampling a grower must submit to the laboratory, or the Department, a completed sampling request form provided by the Department that includes:
(a) A written sampling request for THC analysis for each harvest lot, as identified by the harvest lot identifier, for which the grower is requesting sampling and testing and the total number of harvest lots to be sampled and tested;
(b) A description of the location of the production area of each harvest lot, as identified by the harvest lot identifier, including the GPS coordinates or address of the harvest lot; and
(c) A written description and visual depiction of each harvest lot to be sampled and tested such that the production area for each harvest lot is apparent from a visual inspection of the premises and easily discernible from other harvest lots.
(6) To be sufficient to meet the requirement for sampling under these rules, sampling of a harvest lot must:
(a) Occur after the laboratory or Department personnel fully complete the sampling form provided by the Department onsite at the production area.
(b) Produce a sample that is representative of the harvest lot.
(c) Be conducted:
(A) In accordance with the Department’s Sampling Protocol prescribed in Exhibit A and incorporated by reference.
(B) Such that a sufficient sample size is taken and retained for analysis of all requested tests, any requested retest, and any quality control performed by the testing laboratory for these tests.
(7) To be sufficient to meet the required THC testing under these rules a grower must ensure that:
(a) Testing of a harvest lot is done by the laboratory according to the Department’s Testing Protocol prescribed in Exhibit B and incorporated by reference.
(b) All test results are reported by the laboratory electronically to the Department at HempTestReports@oda.state.or.us using the forms provided by or approved by the Department or via an online portal operated by the Department, and include for each sample tested:
(A) Grower’s name and registration number;
(B) Harvest lot identifier;
(C) Sample date;
(D) Sample size by weight;
(E) Testing date;
(F)Total THC percentage to the second decimal point only calculated in accordance with OAR 333-064-0100 (Marijuana Item Sampling Procedures and Testing)(4);
(G) At the request of the Department, the laboratory’s uncertainty level for THC testing of industrial hemp;
(H) Clear identification of the harvest lot by harvest lot identifier that corresponds to the sample and the location of the corresponding harvest lot’s production area;
(I) Copy of grower’s sampling request form required in section (5) of this rule; and
(J) Copy of the completed sampling form required in section (6) of this rule.
(c) If a sample fails testing a grower must ensure that:
(A) The laboratory sends the failed test report electronically to the Department at HempTestReports@oda.state.or.us using the forms provided by, or approved by the Department or via an online portal operated by the Department within 24 hours of the failed test report.
(B) The laboratory sends failed test reports to the grower who requested the testing using the forms provided by the Department within 24 hours of the failed test report.
(C) The grower must comply with OAR 603-048-0630 (Failed Pre-Harvest Testing; Retesting).
(d) Samples from a harvest lot do not exceed 0.35 percent or greater total THC on a dry weight basis.
(8) A sample fails testing if the test report indicates that the sample contains total THC content calculated in accordance with OAR 333-064-0100 (Marijuana Item Sampling Procedures and Testing)(4) of 0.35 percent or greater on a dry weight basis. If a sample from a harvest lot fails required THC testing under these rules the harvest lot fails required THC testing.
(9) If the test report indicates that the sample contains total THC of less than 0.35 percent on a dry weight basis, as specified in sections (8) of this rule, and the harvest lot was sampled and tested in compliance with these rules, the harvest lot passes testing required by these rules. The Department considers samples reported to contain less than 0.35 percent total THC as specified in sections (8)) of this rule that were sampled and tested in compliance with these rules to satisfy the required THC concentration of no more than 0.3 percent.
(10) Upon receipt of a failed test report:
(a) The grower must immediately segregate the harvest lot and clearly label that it has failed testing.
(b) The grower must immediately detain the harvest lot at the grow site and may not sell, transfer, or process the harvest lot.
(c) The grower may not move the harvest lot from the grow site without written permission from the Department.
(11) Invalid Sampling or Testing:
(a) It is the grower’s obligation to demonstrate each harvest lot was sampled and tested in accordance with these rules and passes THC testing required by these rules.
(b) Sampling or testing that does not meet all of the requirements and standards of these rules is invalid. The harvest lot corresponding to an invalid sampling or invalid testing fails to satisfy the required THC testing under these rules.
(c) The Department may detain, seize, embargo, and dispose of the harvest lot that fails THC testing under this rule or that was invalidly sampled or tested as provided under OAR 603-048-0900 (Detainment, Seizure, Embargo, and Disposal).
(12) The Department may, at its discretion, agree to conduct sampling and testing for a registered grower. Prior to conducting the sampling and testing the grower must pay fees as described in OAR 603-048-0700 (Registration Fees) for each harvest lot requested to be sampled and tested.
(13) In addition to the testing required by this section the Department may inspect any industrial hemp and take a representative sample for testing for THC content. The Department may detain, seize, embargo, and dispose of any industrial hemp that fails THC testing as described in sections (8) of this rule.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 603-048-0600 — Pre-Harvest Sampling and Testing for Tetrahydrocannabinol, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-048-0600.

603‑048‑0010
Definitions 603‑048‑0100
Registration, generally 603‑048‑0125
Grower Registration 603‑048‑0150
Handler Registration 603‑048‑0200
Applications to Register or Renew Grower Registration 603‑048‑0225
Application to Register or Renew Handler Registration 603‑048‑0300
Application to Register or Renew Agricultural Hemp Seed Producer Registration 603‑048‑0400
Reporting Requirements 603‑048‑0500
Record Keeping Requirements 603‑048‑0550
Transport Requirements 603‑048‑0600
Pre-Harvest Sampling and Testing for Tetrahydrocannabinol 603‑048‑0630
Failed Pre-Harvest Testing 603‑048‑0650
Industrial Hemp Inspection and Record Reviews 603‑048‑0700
Registration Fees 603‑048‑0800
Enforcement and Civil Penalty for Industrial Hemp Law Violation 603‑048‑0900
Detainment, Seizure, Embargo, and Disposal 603‑048‑1000
Violations and Penalties 603‑048‑1100
Registrants Certified or Licensed by OLCC 603‑048‑1500
Retail Sale Requirements 603‑048‑2300
Testing of Industrial Hemp for Human Consumption and Hemp Items: 603‑048‑2305
Purpose 603‑048‑2310
Definitions 603‑048‑2315
Ordering Tests 603‑048‑2320
Compliance Testing Requirements for Industrial Hemp for Human Consumption and Usable Hemp 603‑048‑2330
Compliance Testing Requirements for Hemp Concentrate or Extract 603‑048‑2340
Compliance Testing Requirements for Hemp Cannabinoid Products 603‑048‑2350
Batch Requirements for Compliance Testing 603‑048‑2380
Site Requirements for Labeling, Storing, and Securing Pre-Tested Industrial Hemp for Human Consumption or Hemp Items 603‑048‑2440
Control Study 603‑048‑2450
Failed Test Samples 603‑048‑2480
Additional Testing 603‑048‑2500
Quality Control and Research and Development Testing 603‑048‑9002
Invalid Pre-harvest Testing Temporary Sampling Option
Last Updated

Jun. 8, 2021

Rule 603-048-0600’s source at or​.us