OAR 603-048-0900
Detainment, Seizure, Embargo, and Disposal

If a harvest lot is subject to detainment, seizure, embargo, or disposal pursuant to ORS 571.260 (Short title) to 571.348 (Civil penalty) or the rules adopted thereunder, the Department may detain, seize, embargo, or dispose of the harvest lot as provided in ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of) and consistent with these rules.
(1) The Department shall cause to be affixed to the harvest lot being detained, seized or embargoed a notice that the industrial hemp is being detained, seized or embargoed by the Department and warning all persons that the industrial hemp may not be moved from its current location without written permission from the Department.
(2) The Department shall notify in writing the owner or person in possession of the harvest lot that the harvest lot is being detained, seized or embargoed by the Department.
(a) If the person in possession of the harvest lot is not the owner, the Department shall make a reasonable effort to notify the owner.
(b) Such notification shall state the reason for the Department’s action and notify the owner or person in possession of the right to a hearing as provided under ORS Ch. 183.
(c) A written request for hearing on the proprietary of the detention, seizure or embargo must be filed either by the owner or person in possession with the Department within 10 days of receiving actual notice of the action.
(d) Any hearing shall not be held sooner than 10 days after the request for hearing has been received by the Department, however if the industrial hemp subject to the Department’s action is perishable, or if, in the opinion of the Department, other good and sufficient reason appears, the Department may, at the request of the owner or person in possession of such industrial hemp, be held at an earlier date.
(e) Any hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings and shall be conducted pursuant to ORS Ch. 183.
(3) If a sample passes the first and second retesting described in OAR 603-048-0630 (Failed Pre-Harvest Testing; Retesting), the sample and corresponding harvest lot satisfies THC testing required by these rules. After receiving and verifying the confirming test reports, the Department may release the detained harvest lot.
(4) The Department may order destruction of the harvest lot corresponding to a failed sample, subject to the grower or person in possession’s right to a hearing as described in this rule, if the corresponding 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 (1)(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 OAR 603-048-0630 (Failed Pre-Harvest Testing; Retesting) 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 is not successfully remediated in accordance with these rules.

Source: Rule 603-048-0900 — Detainment, Seizure, Embargo, and Disposal, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-048-0900.

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 603-048-0900’s source at or​.us