Oregon Department of Agriculture Adopts New Rules on Hemp Testing and Recordkeeping

The Oregon Department of Agriculture (ODA) has adopted temporary administrative rules for the testing of hemp products and for recordkeeping.  While these rules are “temporary,” effective until August 27, 2019, they will most likely be adopted in their entirety as permanent rules.

The ODA is in charge of Oregon’s “Pilot Program” on Industrial Hemp.  (Once the federal government adopts its rules concerning the production of hemp, Oregon’s program will no longer be a “pilot program.”)  Once the US Dept of Agriculture has its rules for industrial hemp production in place, Oregon submits its rules for the federal government sign-off, and Oregon can remove the term “pilot” from its hemp program.

1. Testing:      By law, any hemp product grown in compliance with Oregon’s Hemp Program that is intended for human consumption must be tested in the same manner as cannabis.  The Oregon Health Authority (OHA) is the agency in charge of setting testing rules for all cannabis.  The OHA adopted new testing rules in January of this year. See https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1222 

In response, the ODA put in place “temporary” rules in place this week to ensure that Oregon’s Hemp Program rules for testing complies with the recent OHA changes.

1. Recordkeeping:

A. The new temporary rules for recordkeeping by hemp growers and handlers require certain information to be placed on the harvest or process lot batch:

(A) The grower or handler’s registration number;
(B) The harvest or process lot identifier;
(C) The name and accreditation number of the laboratory that took samples and the name and accreditation number of the laboratory responsible for the testing, if different;
(D) The test batch or sample unique identification numbers supplied by the laboratory personnel;
(E) The date the samples were taken; and
(F) In bold, capital letters, no smaller than 12 point font, “ITEM NOT TESTED.”

The batch must also be “easily located” by the ODA and the laboratory.

See OAR 603-048-2380.

B. The new rules require that the harvest lot(s) numbers stay with the lot(s) through the creation of any industrial hemp product.

C.  They also require that ODA Registrants assign each process lot of hemp products or commodities a process lot identifier upon the manufacture or receipt of imported hemp products or commodities.

D. Handlers must record for each harvest lot received or transferred, as identified by the harvest lot identifier:

(A) The name and address of the registrant transferring the harvest lot to the handler or receiving the harvest lot from the handler;

(B) The harvest lots received or transferred;

(C) The date of receipt or transfer;

(D) The amount of industrial hemp received or transferred in pounds;

(E) All test reports for each harvest lot received or transferred;

(F) If transferred to an OLCC licensee, the UID number(s), as defined in OAR 845-025-1015, assigned to the harvest lot(s).

Handlers must also record disposition information for each harvest lot received, as identified by harvest lot identifier and process lot identifier, including:

(A) Identifying whether the harvest lot was transferred without processing;

(B) If processed:

(i) The process lot(s) created from the harvest lot;

(ii) How the harvest lot was processed;

(iii) The type of industrial hemp commodity or product created from each harvest lot; and

(iv) The amount in units or pounds of the industrial hemp commodity or product created from each harvest lot processed.

Further, Handlers must record for transfers of industrial hemp products and commodities to or from the handler, as identified by the harvest lot identifier and process lot identifier:

(A) The name and address of the recipient or transferor;

(B) The products and commodities transferred;

(B) The date of transfer;

(D) The amount of products and commodities transferred;

(E) A copy of all test reports for each hemp item sold or transferred; and

(F) If transferred to an OLCC licensee, the UID number(s), as defined in OAR 845-025-1015, assigned to the process lot(s).

See OAR 603-048-0500.

The rules must be followed strictly, otherwise a Registrant could lose their license.

If you have any questions, please call or email our office. Remember, if you want advice specific to your situation, contact us and schedule an appointment.