ORS § 571.NEW

Current through 2024 Regular Session legislation effective June 6, 2024
Section 571.NEW - [Newly enacted section not yet numbered] [Operative 1/1/2026]

A person may not sell, transfer or deliver to a consumer in this state an industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use that:

(1) Is not registered under section 11 of this 2024 Act.
(2) Does not bear a label that meets the requirements of section 11 of this 2024 Act, or bears a label that does not precisely indicate the contents of the container or that may deceive a consumer regarding the nature, composition, quantity, age or quality of the contents.
(3) Includes upon the packaging any untruthful or misleading statements, including but not limited to, a health claim that is not supported by a consensus of publicly available scientific evidence, including evidence from well-designed studies conducted in a manner that is consistent with generally recognized scientific procedures and principles and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such a claim.
(4) Is attractive to minors, including by featuring:
(a) A cartoon;
(b) A design, brand or name that resembles a product that is not an industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use and is of a type typically marketed to minors;
(c) A symbol or celebrity that is commonly used to market products to minors;
(d) An image of minors; or
(e) Words that refer to products that are commonly associated with minors or marketed to minors.
(5) In the commission's discretion:
(a) Bears or contains any poisonous or deleterious substance, including but not limited to tobacco or nicotine, in a quantity rendering the product injurious in a manner that may pose a risk to human health, or that exceeds any established safe tolerance;
(b) Consists in whole or in part of any filthy, putrid or decomposed substance or is otherwise unfit for human or animal consumption or use;
(c) Is processed, prepared, packaged or held under improper or insanitary conditions or under conditions that increase the probability of contamination with excessive microorganisms or physical contaminants or of cross-contamination;
(d) Is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance that renders the contents potentially injurious to health;
(e) Includes any substitute substance;
(f) Is damaged or inferior; or
(g) Includes any substance intended to increase the bulk or weight of the product, reduce the quality or strength of the product or make the product appear better or of greater value.
(6) Does not meet relevant minimum standards provided by the laws of this state.

ORS 571.NEW

Added by 2024 Ch. 16,§ 12, eff. 3/20/2024, op. 1/1/2026.