(1) As is necessary to protect the public health and safety, and in consultation with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture, the Oregon Health Authority shall adopt rules:

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(a) Establishing standards for testing marijuana items and industrial hemp-derived vapor items.

(b) Identifying appropriate tests for marijuana items and industrial hemp-derived vapor items, depending on the type of marijuana item or industrial hemp-derived vapor item and the manner in which the marijuana item or industrial hemp-derived vapor item was produced or processed, that are necessary to protect the public health and safety, including, but not limited to, tests for:

(A) Microbiological contaminants;

(B) Pesticides;

(C) Other contaminants;

(D) Solvents or residual solvents; and

(E) Adult use cannabinoid and cannabidiol concentration.

(c) Establishing procedures for determining batch sizes and for sampling usable marijuana, cannabinoid products, cannabinoid concentrates or extracts and industrial hemp-derived vapor items.

(d) Establishing different minimum standards for different varieties of usable marijuana and different types of cannabinoid products and cannabinoid concentrates and extracts and, as appropriate, industrial hemp-derived vapor items.

(2) In addition to the testing requirements established under subsection (1) of this section, the authority or the commission may require cannabinoid edibles to be tested in accordance with any applicable law of this state, or any applicable rule adopted under a law of this state, related to the production and processing of food products or commodities.

(3) In adopting rules under ORS § 475C.770 to 475C.919, the authority may require:

(a) A person responsible for a marijuana grow site under ORS § 475C.792 to test usable marijuana before transferring the usable marijuana to a registrant other than an individual who holds a registry identification card under ORS § 475C.783; and

(b) A person processing marijuana to test cannabinoid products or cannabinoid concentrates or extracts before transferring the cannabinoid products or cannabinoid concentrates or extracts to a registrant other than an individual who holds a registry identification card under ORS § 475C.783.

(4) In adopting rules under ORS § 475C.005 to 475C.525, the commission may require:

(a) A marijuana producer that holds a license under ORS § 475C.065 or a marijuana wholesaler that holds a license under ORS § 475C.093 to test usable marijuana before selling or transferring the usable marijuana; and

(b) A marijuana processor that holds a license under ORS § 475C.085 or a marijuana wholesaler that holds a license under ORS § 475C.093 to test cannabinoid products or cannabinoid concentrates or extracts before selling or transferring the cannabinoid products or cannabinoid concentrates or extracts.

(5) The authority and the commission may conduct testing of marijuana items or industrial hemp-derived vapor items for the purpose of determining whether a person subject to testing under subsection (3) of this section or a licensee subject to testing under subsection (4) of this section is in compliance with this section.

(6) In adopting rules to implement this section, the authority and commission may not require a marijuana item or industrial hemp-derived vapor item to undergo the same test more than once unless:

(a) The marijuana item or industrial hemp-derived vapor item is processed into a different type of marijuana item or industrial hemp-derived vapor item or the condition of the marijuana item or industrial hemp-derived vapor item has fundamentally changed;

(b) The authority or the commission has reason to believe that the marijuana item or industrial hemp-derived vapor item is not in compliance with rules adopted under this section; or

(c) The test to which the marijuana item or industrial hemp-derived vapor item is subject more than once is a test described in subsection (5) of this section.

(7) The testing of marijuana items and industrial hemp-derived vapor items as required by this section must be conducted by a laboratory licensed by the commission under ORS § 475C.548 and accredited by the authority under ORS § 475C.560.

(8) In adopting rules under subsection (1) of this section, the authority:

(a) Shall consider the cost of a potential testing procedure and how that cost will affect the cost to the ultimate consumer of the marijuana item or industrial hemp-derived vapor item; and

(b) May not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety. [Formerly 475B.555; 2023 c.519 § 25]