OAR 603-048-0630
Failed Pre-Harvest Testing; Retesting

(1) If a sample tested under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) fails an initial test, a grower may pursue retesting at the grower’s own cost pursuant to sections (2) and (3) of this rule.
(2) Retesting of Failed Samples. If a sample tested under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) fails an initial test, the laboratory that did the testing, or the Department if the Department did the testing, may retest the sample pursuant to the Testing Protocol, Exhibit B. If the sample passes, the sample must be retested by another laboratory or the Department and again pass testing to confirm the result in order for the harvest lot to pass testing.
(a) If a grower wishes to have a sample retested, the grower must request a retest within seven (7) calendar days from the date the notice of the failed test was sent to the grower. The retest must be completed within 30 calendar days from the date the retest was requested.
(b) To request retesting, the grower must provide the laboratory, or the Department, with the following on a form provided by the Department:
(A) A written request for retesting for each sample the grower requests be retested; and
(B) Notification that the sample is being retested because of the failed test and the failed test results.
(c) If a grower has requested a retest in accordance with subsection (2)(a) and (b) of this rule and the sample passes upon retest, the grower has seven (7) calendar days from the date the notice of the passed test is sent to request that another laboratory, or the Department, retest the remaining file sample and confirm that the sample contains less than 0.35 percent total THC, calculated in accordance with OAR 333-064-0100 (Marijuana Item Sampling Procedures and Testing)(4). The initial laboratory must coordinate with the second laboratory or the Department to provide the remaining file sample for retesting. The retesting must be completed within 30 calendar days from the date the retesting was requested.
(d) If a grower has requested an initial or secondary retest and the test report indicates that the sample failed testing as described in OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol)(8) the sample fails testing and no further testing is permitted under this subsection.
(e) Reporting:
(A) A grower must report electronically to the Department within 24 hours, at HempTestReports@oda.state.or.us using the forms provided or approved by the Department, or via an online portal operated by the Department, any initial or secondary request for retest of a sample.
(B) A grower must ensure that a laboratory reports electronically to the Department within 24 hours, at HempTestReports@oda.state.or.us using the forms provided or approved by the Department, or via an online portal operated by the Department, the testing results of the initial or secondary retest.
(3) Retesting of Failed Samples for Production Area. If a sample tested under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) fails an initial test, a grower may seek resampling and retesting of the production area if:
(a) The original plants in the production area associated with the failed test remain standing and growing in the production area.
(b) The grower requests the resampling within seven (7) calendar days from the date the notice of the failed test was sent to the grower.
(c) The grower subdivides the production area into separate harvest lots for resampling and retesting.
(d) The grower properly identifies the subdivided harvest lots in accordance with OAR 603-048-0500 (Record Keeping Requirements).
(e) The grower provides the laboratory or the Department with the following on a form provided by the Department:
(A) A written request for resampling for each harvest lot the grower requests be resampled that includes all of the information required in OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) for initial sampling; and
(B) Notification that the harvest lot is being resampled because of the failed test and the failed test results.
(f) The resampling occurs within ten (10) calendar days of the request for resampling and the test results are reported within 30 calendar days of the request for resampling.
(4) If the harvest lot fails testing after resampling conducted under section (3) of this rule, the grower may pursue retesting pursuant to section (2) of this rule, but may not pursue retesting under section (3) of this rule.
(5) Reporting:
(a) A grower must report electronically to the Department within 24 hours, at HempTestReports@oda.state.or.us using the form provided or approved by the Department, or via an online portal operated by the Department any requests for resampling under this subsection.
(b) A grower must ensure that the laboratory reports electronically to the Department within 24 hours, at HempTestReports@oda.state.or.us using the forms provided or approved by the Department, or via an online portal operated by the Department, the testing results of any resampling under this subsection.
(6) The Department may detain, seize, embargo the harvest lot corresponding to a sample, as provided under ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of) and subject to the provisions of ORS Chapter 183 (Administrative Procedures Act), if the sample failed a test under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol).
(7) The Department may detain, seize, embargo, and dispose of the harvest lot corresponding to a sample, as provided under ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of) and subject to the provisions of ORS Chapter 183 (Administrative Procedures Act), if the sample:
(a) Was not sampled and tested in compliance with all of the requirements and standards of these rules;
(b) Fails a test under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) and the grower does not timely request a retest or resampling or informs the Department that retest or resampling will not be requested;
(c) Fails any retesting under section (2) of this rule and the grower:
(A) Does not timely request resampling;
(B) Informs the Department that resampling will not be requested; or
(C) Is no longer eligible for resampling;
(d) Fails any testing conducted under section (3) of this rule and the grower does not timely request a retest or informs the Department that retest will not be requested;
(e) Passes initial retesting but the grower fails to timely request secondary retesting to confirm the passed test result as described in section (2)(c) of this rule.
(f) Fails a test under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) and the retained file sample lacks sufficient volume of harvest lot material to allow for the first and second retesting described in section (2)(c) of this rule and the grower:
(A) Does not timely request resampling;
(B) Informs the Department that resampling will not be requested; or
(C) Is no longer eligible for resampling.
(g) Fails a test under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) and the harvest lot does not pass re-testing in accordance with these rules.
(8) If a sample passes the first and second retest described in section (2)(c) of this rule, the sample and corresponding harvest lot satisfies THC testing required by these rules and is released from the restrictions in OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol)(10).
(9) If a sample passes testing after resampling conducted under section (3) of this rule, the sample and corresponding harvest lot satisfies THC testing required by these rules and is released from the restrictions in OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol)(10). Any harvest lots that are not retested or that fail testing after resampling shall be disposed of in accordance with ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of) and subject to the provisions of ORS Chapter 183 (Administrative Procedures Act).
(10) If the amount of the harvest lot material collected for purposes of sampling is not sufficient to allow for the first and second retesting described in section (2)(c) of this rule, the sample and corresponding harvest lot fails to satisfy these rules.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 603-048-0630 — Failed Pre-Harvest Testing; Retesting, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-048-0630.

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 603-048-0630’s source at or​.us