(1)(a) A laboratory licensed by the Oregon Liquor and Cannabis Commission under ORS § 475C.548 and accredited by the Oregon Health Authority pursuant to ORS § 475C.560 may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were produced or processed by a licensee.

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(b) An accredited independent testing laboratory that has been approved by the authority or the State Department of Agriculture may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were produced or processed by a licensee.

(2) A person may not sell or transfer an industrial hemp commodity or product that is intended for human consumption and that was produced, processed or manufactured in this state unless the commodity or product is tested by a laboratory described in subsection (1) of this section to ensure that the commodity or product meets the requirements adopted by the Oregon Health Authority under ORS § 475C.544 (1)(a) and (b) for testing marijuana items and industrial hemp-derived vapor items and ORS § 475C.544 (2) for testing cannabinoid edibles.

(3) Industrial hemp commodities or products that are intended for use in an inhalant delivery system, as defined in ORS § 431A.175, must meet the requirements of ORS § 475C.540 to 475C.586 and 475C.600 to 475C.648 that apply to industrial hemp-derived vapor items as defined in ORS § 475C.540 and 475C.600.

(4) For purposes of this section, the department shall adopt rules:

(a) Establishing protocols for the testing of industrial hemp commodities and products; and

(b) Establishing procedures for determining batch sizes and for sampling industrial hemp commodities and products.

(5) This section does not apply to:

(a) Agricultural hemp seed;

(b) Seeds of the plant genus Cannabis within the plant family Cannabaceae that are incapable of germination;

(c) Products derived from seeds described in paragraph (b) of this subsection; or

(d) Other parts of industrial hemp that the department identifies by rule as exempt. [2016 c.71 § 9; 2018 c.116 § 11; 2021 c.351 § 287; 2021 c.542 § 29a; 2021 c.646 § 13]

See note under 571.260.