Processor, retailer and wholesaler transaction involving industrial hemp commodity or product; rules.

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(a) "Processor" means a person licensed under ORS 475C.085.

(b) "Retailer" means a person licensed under ORS 475C.097.

(c) "Wholesaler" means a person licensed under ORS 475C.093.

(2) A processor, retailer or wholesaler may purchase, receive, transfer, sell or transport industrial hemp, or an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption, only if:

(a) The processor, retailer or wholesaler received the hemp, commodity or product from a grower or handler licensed under ORS 571.281 or a processor;

(b) The grower, handler or processor under paragraph (a) of this subsection is registered with the Oregon Liquor and Cannabis Commission as provided under ORS 571.336; and

(c) The hemp, commodity or product meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted by the commission.

(3) A grower, handler or processor registered as described under ORS 571.336 (2)(a) shall enter the hemp, commodity or product that contains cannabinoids, is intended for human consumption and is intended for transfer, sale or transport to a processor, retailer or wholesaler licensed under ORS 475C.005 to 475C.525 into the tracking system described in ORS 475C.177 before the hemp, commodity or product is transferred to a laboratory described in ORS 571.330 (1) for testing of a type described under ORS 475C.544. The commission shall continue to track the hemp, commodity or product entered into the system under this subsection when the hemp, commodity or product is transferred, sold or transported to a premises licensed under ORS 475C.005 to 475C.525, or to other areas under the control of the premises licensee.

(4) A processor may transfer, sell or transport an industrial hemp commodity or product to a person that is not a processor, retailer or wholesaler if the industrial hemp commodity or product:

(a) Is tested as described in ORS 475C.544 and otherwise meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted by the commission;

(b) Is entered into the tracking system described in ORS 475C.177;

(c) Prior to the transfer, sale or transport, is held by the processor for the duration and in the manner required by the commission by rule; and

(d) Meets any other requirements established by the commission by rule.

(5) The State Department of Agriculture shall adopt rules regarding the activities of growers and handlers under this section.

(6)(a) The commission shall adopt rules regarding the activities of processors, retailers, wholesalers and laboratories under this section.

(b) The commission may adopt rules to carry out subsection (4) of this section. [2018 c.116 §15; 2021 c.351 §289; 2021 c.542 §31]

Note: See note under 571.260.


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