OAR 603-048-9002
Invalid Pre-harvest Testing Temporary Sampling Option

(1) A grower with a harvested harvest lot of cannabis that was invalidly sampled or tested under OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) or 0630 may submit a written request to the Department for permission for the harvested cannabis to be sampled and tested for THC content in the substitute process described in this rule to satisfy the pre-harvest testing required in OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol).
(2) A harvest lot that was resampled or retested under OAR 603-48-9001 is not eligible for sampling and testing under this rule.
(3) The Department, in its discretion, may in writing grant a request submitted under subsection 1 of this rule to an individual request or class of requests. The Department may also on its own volition grant in writing permission to an individual grower or class of growers to sample and test as described in subsection 1 of this rule.
(4) After Department approval, to request sampling, the grower must submit a sampling request to the laboratory that complies with OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol) and identifies where the harvest hemp for each harvest lot is currently located or stored.
(5) Sampling and testing conducted under this rule must comply with all requirements for potency sampling and testing in OAR Chapter 333, Division 7 except that:
(a) The batch size may be up to 30 pounds.
(b) A batch greater than 15 pounds up to 30 pounds must have at least 10 sample increments for the primary sample. Smaller batches must comply with Table 2 of the sampling protocol (ORELAP-SOP-001).
(c) Samples taken from separate batches may be combined into one sample for the purpose of testing if the separate batches are all from the same harvest lot. Growers must have documentation that the separate batches are from the same harvest lot.
(d) Testing must be conducted in accordance with Department’s Testing Protocol prescribed in Exhibit B and incorporated by reference in OAR 603-48-0600(7).
(6) All requirements and provisions of OAR Chapter 603, Division 48 apply to any sampling or testing conducted under this rule except as explicitly exempted in this rule.
(a) OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol)(4)(d): Laboratory staff are not required to complete sampling training with the Department prior to conducting sampling.
(b) OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol)(6)(c)(A): The laboratory is not required to conduct the sampling in accordance with the Department’s Sampling Protocol. The laboratory must comply with the sampling requirements in OAR Chapter 333, Division 7.
(c) OAR 603-048-0600 (Pre-Harvest Sampling and Testing for Tetrahydrocannabinol)(11)(a) and (b).
(d) OAR 603-48-0630(2)(a): The deadline in this rule does not apply. The deadline to request retesting is within seven (7) days of the Department granting permission for retesting unless extended by the Department in writing.
(e) OAR 603-48-0630(3) and (4): A grower may pursue rested at the grower’s own cost pursuant to OAR 603-48-0630(2) if a sample tested under this rule fails testing. The grower may not pursue resampling under OAR 603-048-0630 (Failed Pre-Harvest Testing; Retesting)(3).
(f) OAR 603-048-0630 (Failed Pre-Harvest Testing; Retesting)(7)(a)
(7) Invalid Sampling or Testing:
(a) It is the grower’s obligation to demonstrate each harvest lot was sampled and tested in accordance with this rule and passes THC testing required by these rules.
(b) A sample that does not meet all of the requirements and standards of this rule is invalid. The harvest lot corresponding to an invalid sample 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 or is invalidly sampled or tested under this rule as provided under OAR 603-048-0900 (Detainment, Seizure, Embargo, and Disposal).
(8) A harvest lot sample and tested under this rule is not eligible for resampling or retesting under OAR 603-048-9001.
NOTE: Sampling Protocol ORELAP-SOP-001 is available on Oregon Health Authority’s website at oregon.gov/oha/PH/LABORATORYSERVICES/ENVIRONMENTALLABORATORYACCREDITATION/Pages/Sampling.aspx

Source: Rule 603-048-9002 — Invalid Pre-harvest Testing Temporary Sampling Option, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-048-9002.

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 603-048-9002’s source at or​.us