On Monday, November 18, 2024, the Oregon Liquor and Cannabis Commission (OLCC) will host a public hearing to consider public input on the implementation of House Bill 4121. HB 4121 was successfully passed in the 2024 Oregon legislative session thanks in part to our sister lobbying firm, Agricultural Hemp Solutions.
Specifically, OLCC is requesting public comment on several proposed amendments that it believes should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on businesses.
Which rules will OLCC be considering at the hearing?
The following Sections are those that are proposed to change AND are related to hemp:
845-025-7030 Labeling for Sale to Consumer
845-025-7160 Packaging and Labeling Pre-approval Process
845-025-7520 Unique Identification (UID) Tags
845-025-8520 Prohibited Conduct
845-026-8570 Uniform Standards for Hemp Minor Decoy Operations
OAR 845-025-7030 is being amended to make the following changes:
a. Section (6) is being modified to require labels for cannabinoid edibles, tinctures, and capsules to list total THC and THCA if the delta-9-THC is less than 90% of the total THC. This applies to products tested on and after January 1, 2025. In some cases, labels were not conveying complete information about delta-9-THC and THCA content which can impact the level of intoxication of these products. This change will provide more information to consumers about the potential intoxicating nature of these products.
b. Sections (7) and (9) are being amended to clarify that the universal marijuana and hemp symbols may not be modified except for the size, which cannot fall below certain dimensions based in rule. This change is necessary to provide greater clarity to licensees.
c. Section (19) is being amended to incorporate the nutrition templates for cannabinoid and hemp edibles into rule. Additionally, on and after January 1, 2026, all cannabinoid and hemp edibles must use a new nutrition template. In 2016, the FDA mandated that by 2020 and 2021, all conventional foods use one of the new nutrition templates in 21 CFR 101.9(c). By mirroring existing FDA requirements, these changes will protect public health and safety with larger serving size information and nutrient information. This change also aligns Oregon’s cannabis industry with
requirements of other jurisdictions with medical and adult-use cannabis programs. The updated rule allows licensees to use these templates before January 1, 2026.
OAR 845-025-7160 (6) is being amended to establish that failure to correct deficiencies within any deadline established by the Commission will result in the pre-approval application being deemed incomplete. Additionally, the rule is being amended to allow the Commission to deny a package or label application after it has been found deficient for a third time. If a package or label application is denied pursuant to this rule, the applicant will be granted the right to a hearing under ORS Chapter 183. The applicant can resubmit the application at any time, which will require the applicant to pay a new application fee. Applicants may ask the Commission for reconsideration of the inactivation based on new requirements in the rule within the parameters set by rule. The changes would take effect on and after January 1, 2025. These changes are necessary to reduce staff time and increase customer service for other licensees
OAR 845-025-7520 is proposed to include "(7) A licensee, research certificate holder, laboratory licensee, hemp certificate holder, grow site subject to CTS tracking, or medical marijuana processing site may not combine marijuana items or hemp items in the same package or container with non-cannabis consumable products."
OAR 845-026-8570 is being adopted to establish standards for minor decoy operations to investigate the sale to minors of hemp items that are adult use cannabis items. This is necessary to comply with section 25 of 2024 HB 4121.
Make your voice heard
It is important that OLCC hears from the hemp industry about how these proposed amendments may impact your business. Need help interpreting the proposed rules or ensuring that your opinions are correctly submitted and understood? EARTH Law, LLC is here to help.
The last day and time to offer comment to OLCC is November 22, 2024 at 12pm.
Remote Hearing Details:
DATE: 11/18/2024
TIME: 2:00 PM - 3:00 PM
MEETING URL: Click here to join the meeting
MEETING ID: 270 790 707 527
PASSCODE: ZMgMZw
PHONE NUMBER: 503-446-4951
CONFERENCE ID: 504240626
SPECIAL INSTRUCTIONS: Meeting Information will be posted here.
OLCC Notice of Proposed Rulemaking
Please reach out with any questions on these proposed rules, how they may impact your business, or any other questions regarding this update or filing a written comment, and schedule a consultation today by calling 541-632-3946 or emailing info@earthlawllc.com.
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