Failed Test Samples
(1)If a sample or a field duplicate sample (collectively referred to as “sample” for the 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 grower or handler wishes to have a sample reanalyzed, the grower or handler must request a reanalysis within seven (7) calendar days from the date the laboratory sent notice of the failed test to the handler. The reanalysis must be completed by the laboratory within 30 calendar days from the date the reanalysis was requested.
(b) If a grower or handler has requested a reanalysis in accordance with subsection (1)(a) of this rule and the sample passes, the handler has seven (7) 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 calendar days from the date the retesting was requested.
(c) A grower or handler must inform the Department within 24 hours, of the following, electronically to HempTestReports@oda.state.or.us using the forms provided the Department:
(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 the OAR 333-007-0450 (Failed Test Samples); or
(b) Must be destroyed as required by OAR 333-007-0450 (Failed Test Samples) in a manner specified by the Department if the batch is not or cannot be remediated or sterilized under OAR 333-007-0450 (Failed Test Samples) or fails testing as described in OAR 333-007-0450 (Failed Test Samples).
(3) If a grower or handler is permitted to remediate under this rule, the grower or handler must provide notice to the Department of the handler’s intent to remediate.
(4) A grower or handler 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.
(5) A grower or handler 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.
(c) A grower or handler must report failed test results to the Department within 24 hours of receipt of the failed test report electronically to HempTestReports@oda.state.or.us using the forms provided by the Department.
(6) If a batch fails a test under these rules, the grower or handler must store, segregate, label, and may not remove the batch from the registered premises without permission from the Department in accordance with OAR 333-007-0450 (Failed Test Samples).
Rule 603-048-2450 — Failed Test Samples,