Or. Admin. Code § 603-048-1600

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-048-1600 - Prohibitions on Adulteration

(1) A licensee may not supply, transfer, or sell adulterated industrial hemp for human consumption or hemp items.

(2) A licensee may not treat or otherwise adulterate hemp or a hemp item with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable hemp's color, appearance, weight or smell.

(3) "Adulterated" means to make industrial hemp for human consumption or a hemp item impure by adding or applying foreign or inferior ingredients or substances, including but not limited if the hemp or hemp item:

(a) In the Department's judgment, bears or contains any poisonous or deleterious substance in a quantity rendering it injurious in a manner that may pose a risk to human health, including but not limited to tobacco or nicotine;

(b) Bears or contains any added poisonous or deleterious substance exceeding a safe tolerance if such tolerance has been established;

(c) Consists in whole or in part of any filthy, putrid, or decomposed substance, or otherwise is unfit for human consumption;

(d) Is processed, prepared, packaged, or is held under improper time-temperature conditions or under other conditions increasing the probability of contamination with excessive microorganisms or physical contaminants;

(e) Is processed, prepared, packaged, or held under insanitary conditions increasing the probability of contamination or cross-contamination;

(f) Is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance rendering the contents potentially injurious to health;

(g) Any substance has been substituted wholly or in part therefor;

(h) Damage or inferiority has been concealed in any manner; or

(i) Any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;

(j) Is treated with a pesticide that is not on the Hemp Program's guide list or approved by the EPA for use on industrial hemp.

(4) The Department may request or require a licensee to recall any industrial hemp for human consumption or hemp item that the licensee has sold or transferred that does not meet the minimum standards established by these rules, including but not limited to when there is evidence that:

(a) Pesticides were used in the production of industrial hemp in violation of these rules, ORS chapter 634 or OAR chapter 603, division 57.

(b) The industrial hemp for human consumption or a hemp item is adulterated, contaminated, may pose a risk to public health and safety, or is otherwise unfit for human use, consumption, or application.

(c) The industrial hemp for human consumption or hemp item does not meet testing requirements of these rules

(5) In addition to the actions above, the Department may initiate an action to detain, seize, embargo or dispose of hemp or hemp items if it does not meet the minimum standards established in these rules and as described in section (4) of this rule in accordance with OAR 603-048-0900.

(6) Each harvest or process lot of industrial hemp for human consumption and each hemp item supplied, transferred, or sold in violation of this rule is a separate violation.

Or. Admin. Code § 603-048-1600

DOA 49-2023, adopt filed 12/14/2023, effective 12/14/2023

Statutory/Other Authority: ORS 571.263 & 571.281

Statutes/Other Implemented: ORS 561.605-561.630, 571.272, 571.281, 571.309, 571.330 & 571.339