OAR 603-048-1000
Violations and Penalties

(1) The Department may impose a civil penalty not to exceed $2,500 on a person for violating:
(a) A provision of ORS 571.260 (Short title) to ORS 571.348 (Civil penalty)
(b) A rule adopted under a provision of ORS 571.260 (Short title) to ORS 571.348 (Civil penalty); or
(c) An order issued by the Department pursuant to a provision of ORS 571.260 (Short title) to ORS 571.348 (Civil penalty) or a rule adopted thereunder.
(2) The Department may impose a civil penalty based on the classification of the violation. The civil penalty amount for each classification is as follows:
(a) Class 1 violation, $2,500;
(b) Class 2 violation, $1000;
(c) Class 3 violation, $500.
(3) The civil penalty amount for each classification are guidelines. If the Department finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater amount.
(4) Common violations are classified as follows:
(a) Class 1 violations include:
(A) Failing to register with the Department when required under ORS 571.260 (Short title)-571.348 (Civil penalty) or rules adopted thereunder;
(B) Providing false or misleading information to the Department;
(C) Falsifying information or records required to be maintained by the Department;
(D) Failing to test a hemp item in accordance with OAR 603-048-2300 (Testing of Industrial Hemp for Human Consumption and Hemp Items:) through 603-048-2480 (Additional Testing) prior to sale, transfer, or attempt to sale or transfer;
(E) Failing to test a harvest lot in accordance with these rules;
(F) Altering or falsifying a laboratory test report or result;
(G) Selling or attempting to sell a hemp item that fails to meet testing requirements required by OAR 603-048-2000 through 603-048-2480 (Additional Testing);
(H) Selling, transferring, attempting to transfer or sell, processing or attempting to process a harvest lot that:
(i) Has not been sampled and tested in accordance with these rules;
(ii) Failed testing under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) and did not otherwise pass testing under OAR 603-048-0630 (Failed Pre-Harvest Testing; Retesting);
(iii) Was invalidly tested as described in OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol).
(I) Growing or handling hemp with:
(i) On or after January 1, 2020, total THC calculated in accordance with OAR 333-064-0100 (Marijuana Item Sampling Procedures and Testing)(4) that exceeds 3 percent on a dry weight basis; or
(ii) Prior to January 1, 2020, THC that exceeds 3 percent on a dry weight basis.
(J) Repeat violations of Class 2 or Class 3 violations.
(K) Any other violation of ORS 571.2600 to ORS 571.348 (Civil penalty) or OAR 603-048-0100 (Registration, generally) to 603-048-2500 (Quality Control and Research and Development Testing) that may cause an immediate threat to the public health or safety.
(b) Class 2 violations include, but are not limited to:
(A) Failing to ensure test reports for the THC content of each harvest lot is timely reported to the Department as required by 603-048-0400 (Reporting Requirements).
(B) Failing upon request to timely provide the Department with laboratory test results that verify compliance with these rules
(C) Failing to provide an accurate legal description of land where hemp is produced.
(D) Any other uncategorized violation.
(c) Class 3 violations include but are not limited to:
(A) Failure to keep or provide information or records as required by the Department;
(B) Growing or handling hemp with:
(i) On or after January 1, 2020, total THC calculated in accordance with OAR 333-064-0100 (Marijuana Item Sampling Procedures and Testing)(4) that exceeds 0.3 percent on a dry weight basis but does not exceed 3 percent total THC; or
(ii) Prior to January 1, 2020, THC that exceeds 0.3 percent on a dry weight basis but does not exceed 3 percent THC; and
(C) Failing to ensure failed test results of a hemp item are reported to the Department within 24 hours as required by OAR 603-048-2300 (Testing of Industrial Hemp for Human Consumption and Hemp Items:).

Source: Rule 603-048-1000 — Violations and Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-048-1000.

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 603-048-1000’s source at or​.us