The Oregon Health Authority (OHA) has published proposed rule amendments that would subject certain marijuana and hemp items to additional testing, namely mycotoxin, microbiological contaminates, and heavy metals testing. See the notice of proposed rulemaking and rule revisions here.
OHA claims that the cost of the additional testing – set to go in effect in July 2022 and January 2023 – would largely be offset by additional proposed revisions including, among other things, updating lab sampling protocols (including combining sample increments into a single sample without requiring an approved control study), expanding the harvest lot timeframe from 72 hours to seven calendar days, increasing a marijuana test batch from 15 pounds to 50 pounds, and repealing certain water activity test requirements and removing the control study concept altogether. OHA estimates that the greatest increase in costs to licensees would arise from the additional equipment, personnel, workspace modifications, and accreditation testing labs would have to undergo to provide the additional testing.
Other proposed testing rule changes include shifting the testing scheme toward “end product” testing, including new rules for finished inhalable cannabinoid product testing prior to transfer to a retailer and for baked edible products. Additional standards for accredited testing labs include the adoption of stricter standards and methods to ensure more accurate and consistent testing among different labs.
The proposed revisions could have a major effect on nearly all marijuana producers, marijuana and hemp processors, and wholesalers who test marijuana and hemp items. The complete proposed revisions can be found here. OHA is currently seeking input on the proposed rules (read: This is your chance to comment on rules that affect you!). You can provide oral comment at the public hearing set for February 16, 2022, at 11 am by registering at publichealth.rules@dhsoha.state.or.us and written comments to the same email address until 5 pm on February 21, 2022.
