(a) Establishing standards for testing psilocybin products.
(b) Identifying appropriate tests for psilocybin products, depending on the type of psilocybin product and the manner in which the psilocybin product was manufactured, that are necessary to protect the public health and safety, which may include, but not be limited to, tests for:
(A) Microbiological contaminants;
(B) Pesticides;
(C) Other contaminants;
(D) Solvents or residual solvents; and
(E) Psilocybin concentration.
(c) Establishing procedures for determining batch sizes and for sampling psilocybin products.
(d) Establishing different minimum standards for different varieties of psilocybin products.
(2) In addition to the testing requirements established under subsection (1) of this section, the authority may require psilocybin products 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 475A.210 to 475A.722, the authority may require a psilocybin product manufacturer that holds a license under ORS 475A.290 to test psilocybin products before selling or transferring the psilocybin products.
(4) The authority may conduct random testing of psilocybin products for the purpose of determining whether a licensee subject to testing under subsection (3) of this section is in compliance with this section.
(5) In adopting rules to implement this section, the authority may not require a psilocybin product to undergo the same test more than once unless the psilocybin product is processed into a different type of psilocybin product or the condition of the psilocybin product has fundamentally changed.
(6) The testing of psilocybin products as required by this section must be conducted by a laboratory licensed by the authority under ORS 475A.594 and accredited by the authority under ORS 475A.606.
(7) 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 client; and
(b) May not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety. [2021 c.1 ยง96]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 475A - Psilocybin Regulation
Section 475A.200 - Legislative findings.
Section 475A.205 - Purposes of ORS 475A.200 to 475A.722.
Section 475A.215 - Construction of ORS 475A.210 to 475A.722.
Section 475A.220 - Definitions for ORS 475A.210 to 475A.722.
Section 475A.230 - Duties of Oregon Psilocybin Advisory Board.
Section 475A.235 - General powers and duties; rules.
Section 475A.243 - Powers related to decedents and insolvent or bankrupt persons.
Section 475A.245 - Application process for all licensees; rules.
Section 475A.250 - Grounds for refusing to issue license or issuing restricted license.
Section 475A.255 - Authority to require fingerprints of applicants and other individuals.
Section 475A.260 - Properties of license.
Section 475A.265 - Duties of Oregon Health Authority with respect to issuing licenses.
Section 475A.270 - Duty to request land use compatibility statement.
Section 475A.275 - Lawful manufacture, delivery and possession of psilocybin products.
Section 475A.280 - Restriction on financial interests in multiple licensees.
Section 475A.285 - Authority to hold multiple licenses.
Section 475A.290 - Manufacturer license; fees; rules.
Section 475A.295 - Psilocybin product manufacturers; endorsements; rules.
Section 475A.305 - Psilocybin service center operator license; fees; rules.
Section 475A.310 - Proximity of psilocybin service center to school.
Section 475A.325 - Psilocybin service facilitator license; fees; rules.
Section 475A.330 - Examination.
Section 475A.340 - Psilocybin services; rules.
Section 475A.345 - Preparation session.
Section 475A.350 - Client information form.
Section 475A.355 - Administration session.
Section 475A.360 - Integration session.
Section 475A.370 - Right to terminate or refuse to provide services; exception.
Section 475A.375 - Powers and duties relating to psilocybin service facilitators.
Section 475A.385 - Authority to inspect books and premises; notice.
Section 475A.400 - Use of tracking system for psilocybin products; distribution of moneys.
Section 475A.415 - Authority to require financial disclosure from licensee.
Section 475A.420 - Authority to investigate, discipline licensees.
Section 475A.425 - Authority to investigate, discipline permit holder.
Section 475A.435 - Restrictions on delivery or receipt; waiver by authority.
Section 475A.445 - Identification requirement; rules.
Section 475A.450 - Confidentiality of client communications, information; exceptions.
Section 475A.455 - Prohibition against psilocybin service facilitator consuming psilocybin product.
Section 475A.460 - Prohibition against employing persons under 21 years of age.
Section 475A.465 - Prohibition against obfuscating mark or label or using mark or label to deceive.
Section 475A.468 - Requirement that psilocybin products comply with minimum standards.
Section 475A.471 - Other prohibitions.
Section 475A.477 - Grounds for revocation, suspension or restriction of license.
Section 475A.480 - Permit required to perform work for or on behalf of licensee.
Section 475A.483 - Issuing, renewing permits; fees; rules.
Section 475A.489 - Whistleblower protection for employees.
Section 475A.495 - Prohibition against person under 21 years of age entering premises; penalty.
Section 475A.504 - Prohibition regarding person who is visibly intoxicated; penalty.
Section 475A.507 - Prohibition against giving psilocybin product as prize; penalty.
Section 475A.521 - Penalty for violation of rule adopted under ORS 475A.235.
Section 475A.530 - Local time, place and manner regulations.
Section 475A.534 - Local tax or fee; referral to electors for approval.
Section 475A.538 - Repeal of city, county ordinance that prohibits certain establishments.
Section 475A.570 - Psilocybin-producing fungi as crop; exceptions to permitted uses.
Section 475A.582 - Oregon Health Authority hotline for verification of license.
Section 475A.586 - Certain information related to licensure exempt from disclosure.
Section 475A.590 - Testing standards and processes; rules.
Section 475A.594 - Laboratory licensure; qualifications; fees; rules.
Section 475A.598 - Authority to require fingerprints of applicants and other individuals.
Section 475A.602 - Statement of applicant for license under ORS 475A.594.
Section 475A.606 - Laboratory accreditation; qualifications; fees.
Section 475A.614 - Authority of Oregon Health Authority over certain persons, license actions.
Section 475A.618 - Civil penalty for violating ORS 475A.590 to 475A.622.
Section 475A.626 - Labeling requirements; rules.
Section 475A.630 - Authority to require preapproval of labels; fees.
Section 475A.634 - Packaging requirements; rules.
Section 475A.638 - Authority to require preapproval of packaging; fees.
Section 475A.642 - Concentration and servings limits; rules.
Section 475A.654 - Civil penalty for violating ORS 475A.626 to 475A.654.
Section 475A.658 - Definitions for ORS 475A.658 to 475A.714.
Section 475A.662 - Imposition of tax on retail sale of psilocybin products.
Section 475A.666 - Collection of tax; refund; credit; penalties.
Section 475A.670 - Psilocybin revenue estimate.
Section 475A.678 - Duty to keep receipts, invoices and other records.
Section 475A.682 - Authority to require production of books, papers, accounts and other information.
Section 475A.686 - Disclosure of information.
Section 475A.694 - Duty to return excess tax collected.
Section 475A.702 - Duties and powers of Department of Revenue; rules; interagency cooperation.
Section 475A.710 - Oregon Psilocybin Account.
Section 475A.718 - Adoption of ordinances; referral to electors for approval.