2021 Oregon Revised Statutes
Chapter 571 - Nursery Stock; Licensed Agricultural Crops
Section 571.337 - Processor, retailer and wholesaler transaction involving industrial hemp commodity or product; rules.


(a) "Processor" means a person licensed under ORS 475C.085.
(b) "Retailer" means a person licensed under ORS 475C.097.
(c) "Wholesaler" means a person licensed under ORS 475C.093.
(2) A processor, retailer or wholesaler may purchase, receive, transfer, sell or transport industrial hemp, or an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption, only if:
(a) The processor, retailer or wholesaler received the hemp, commodity or product from a grower or handler licensed under ORS 571.281 or a processor;
(b) The grower, handler or processor under paragraph (a) of this subsection is registered with the Oregon Liquor and Cannabis Commission as provided under ORS 571.336; and
(c) The hemp, commodity or product meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted by the commission.
(3) A grower, handler or processor registered as described under ORS 571.336 (2)(a) shall enter the hemp, commodity or product that contains cannabinoids, is intended for human consumption and is intended for transfer, sale or transport to a processor, retailer or wholesaler licensed under ORS 475C.005 to 475C.525 into the tracking system described in ORS 475C.177 before the hemp, commodity or product is transferred to a laboratory described in ORS 571.330 (1) for testing of a type described under ORS 475C.544. The commission shall continue to track the hemp, commodity or product entered into the system under this subsection when the hemp, commodity or product is transferred, sold or transported to a premises licensed under ORS 475C.005 to 475C.525, or to other areas under the control of the premises licensee.
(4) A processor may transfer, sell or transport an industrial hemp commodity or product to a person that is not a processor, retailer or wholesaler if the industrial hemp commodity or product:
(a) Is tested as described in ORS 475C.544 and otherwise meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted by the commission;
(b) Is entered into the tracking system described in ORS 475C.177;
(c) Prior to the transfer, sale or transport, is held by the processor for the duration and in the manner required by the commission by rule; and
(d) Meets any other requirements established by the commission by rule.
(5) The State Department of Agriculture shall adopt rules regarding the activities of growers and handlers under this section.
(6)(a) The commission shall adopt rules regarding the activities of processors, retailers, wholesalers and laboratories under this section.
(b) The commission may adopt rules to carry out subsection (4) of this section. [2018 c.116 §15; 2021 c.351 §289; 2021 c.542 §31]
Note: See note under 571.260.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 571 - Nursery Stock; Licensed Agricultural Crops

Section 571.005 - Definitions for ORS 571.005 to 571.230.

Section 571.015 - Policy; department to maintain nursery service; duties.

Section 571.025 - State Nursery Research and Regulatory Committee.

Section 571.038 - Plant Pest and Disease Emergency Response Fund.

Section 571.045 - Exemption from licensing requirements.

Section 571.055 - License required to grow or deal in nursery stock; false representations or statements regarding licenses.

Section 571.057 - License application; contents; fee; assessments.

Section 571.059 - License fee surcharge.

Section 571.063 - Temporary nursery sale license; application; fee; rules; conditions.

Section 571.075 - Renewal of license; rules; forfeiture.

Section 571.095 - Form of license; display required.

Section 571.105 - Agent’s license.

Section 571.115 - License not transferable; moving place of business.

Section 571.125 - Suspension, revocation or refusal of license.

Section 571.135 - Shipping permits, shipping invoices and bills of lading; rules; retention; exceptions.

Section 571.145 - Inspection of licensed and unlicensed nurseries; additional inspections and special services; fees.

Section 571.147 - Department audit of books and records of licensees; suspension of license for failure to submit to audit.

Section 571.170 - Substitution or transportation of uninspected nursery stock prohibited.

Section 571.180 - Misrepresentation of nursery stock by grower, dealer or agent prohibited; tag or label required on fruit trees.

Section 571.190 - Knowingly selling, advertising or displaying damaged, misrepresented or mislabeled nursery stock prohibited.

Section 571.200 - Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited.

Section 571.210 - Hold order on defective nursery stock; condemnation.

Section 571.230 - Disposition and use of moneys received.

Section 571.260 - Short title.

Section 571.263 - Oregon Hemp State Program; rules.

Section 571.266 - Exclusion from ORS 571.260 to 571.348.

Section 571.269 - Definitions for ORS 571.260 to 571.348; rules.

Section 571.272 - Regulation by department; commodities.

Section 571.275 - Commission powers regarding industrial hemp; notice.

Section 571.278 - Industrial Hemp Fund.

Section 571.281 - Grower and handler license; records; inspection; nonconforming crop; fees; rules.

Section 571.285 - Revocation or refusal of licensure; rules.

Section 571.287 - Requirement to conduct criminal records check on applicant for grower license.

Section 571.289 - Ineligibility for license; grounds for denial, revocation or refusal of license; exception.

Section 571.290 - Industrial hemp propagation.

Section 571.291 - Crop location.

Section 571.294 - Charges for sampling or testing; fee.

Section 571.306 - Transport, receipt of industrial hemp, certain industrial hemp commodities or products.

Section 571.309 - Industrial hemp product concentration, serving standards; rules.

Section 571.312 - Transfer of industrial hemp commodities and products intended for human consumption; rules.

Section 571.316 - Required reporting to department; rules.

Section 571.319 - Destruction, remediation of specified industrial hemp crop; rules.

Section 571.322 - Planting of industrial hemp crop, commitment of violation as grounds for refusal to issue license; corrective action plan; rules.

Section 571.325 - Agricultural hemp seed labeling and certification; rules.

Section 571.327 - Hemp seed sales; packaging; rules.

Section 571.330 - Laboratory testing; limitation on sales, transfers; rules.

Section 571.333 - Industrial hemp crop concentration standards; test results.

Section 571.336 - Delivery of industrial hemp to marijuana processor; processing and delivery of hemp marijuana supplements; fee; appropriation.

Section 571.337 - Processor, retailer and wholesaler transaction involving industrial hemp commodity or product; rules.

Section 571.339 - Limitations on industrial hemp transaction involving consumer; testing requirements; exception.

Section 571.345 - Remediation for unintentional violation; rules.

Section 571.348 - Civil penalty; appropriation.

Section 571.400 - Definitions for ORS 571.400 to 571.501.

Section 571.402 - Declarations; purposes of ORS 571.400 to 571.501.

Section 571.404 - Duties of State Department of Agriculture; rules.

Section 571.406 - Temporary members of Oregon Hemp Commission; terms; rules.

Section 571.408 - Ex officio members of Oregon Hemp Commission.

Section 571.410 - Required declaration of vacancy of producer, processor office.

Section 571.412 - Required declaration of vacancy of public member office.

Section 571.414 - Authority to remove member of Oregon Hemp Commission.

Section 571.417 - Payment for member of Oregon Hemp Commission; expenses; rules.

Section 571.420 - Meetings.

Section 571.423 - Powers of Oregon Hemp Commission; rules.

Section 571.426 - Authority to contract; limitations on contractors; required review of contracts; rules.

Section 571.429 - Oregon Hemp Commission authority, duties relating to moneys.

Section 571.432 - Administrative support for Oregon Hemp Commission from Oregon Department of Administrative Services; compensation for services; accounting system.

Section 571.435 - Provision and receipt of services, facilities and materials to, from other state agencies.

Section 571.438 - Exemption from certain financial administration laws.

Section 571.441 - Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules.

Section 571.444 - Intellectual property; rules.

Section 571.447 - Levy and collection of assessment; exemption; limitation; application for refund; rules.

Section 571.450 - Exemptions from assessments; rules.

Section 571.453 - Assessment collection requirements.

Section 571.456 - Reporting to Oregon Hemp Commission of sales, transfers of hemp by producer; payment of assessment.

Section 571.459 - Requirement to maintain records; Oregon Hemp Commission authority to inspect records, issue subpoenas.

Section 571.462 - Penalty for delayed payment of assessment.

Section 571.465 - Penalty for failure to pay assessment; civil action.

Section 571.468 - Dispute regarding amount of assessment; rules.

Section 571.471 - Financial activity of Oregon Hemp Commission.

Section 571.474 - Fidelity bond; conditions on bond; payment of cost of bond.

Section 571.477 - Cancellation of uncollectible assessment.

Section 571.480 - Maintenance of books, records and accounts.

Section 571.483 - Oregon Hemp Commission budget; meeting requirement; annual financial statement.

Section 571.486 - Requirement to comply with ORS 571.483 in order to make, incur expenditure.

Section 571.489 - Limitation on amount, purpose of expenditure.

Section 571.492 - Unforeseen expenditure; fund transfer.

Section 571.495 - Distribution of moneys upon abolishment of Oregon Hemp Commission.

Section 571.498 - Sale of hemp considered sale in commercial channels.

Section 571.501 - Penalty for violation of ORS 571.400 to 571.501.

Section 571.505 - Definitions for ORS 571.510 to 571.580.

Section 571.510 - Policy; department to maintain Christmas tree service; duties.

Section 571.515 - State Christmas Tree Advisory Committee.

Section 571.520 - Exemptions from licensing requirements.

Section 571.530 - License application; contents; license fee.

Section 571.535 - Renewal of license; rules.

Section 571.540 - Form of license; display required.

Section 571.545 - License not transferable; notice of change of business organization; additional assessment for trees not subject to fee.

Section 571.550 - Suspension, revocation or refusal of license.

Section 571.555 - Issuance of shipping permit numbers.

Section 571.560 - Inspections for pest, disease and weed control; additional inspections for special certificates.

Section 571.570 - Substitution or transportation of uninspected Christmas tree stock.

Section 571.575 - Knowingly offering to sell infected or infested Christmas tree stock.

Section 571.600 - Definitions for ORS 571.605 to 571.620.

Section 571.605 - Economic development assistance.

Section 571.610 - Technical business assistance.

Section 571.615 - Workforce training assistance.

Section 571.620 - Identification and mapping of marketable stands.

Section 571.625 - Western Juniper Industry Fund.

Section 571.650 - Definitions for ORS 571.650 to 571.660.

Section 571.655 - License required; prohibitions.

Section 571.660 - Rules; fees.

Section 571.665 - Revocation, suspension or denial of or refusal to renew license; civil penalty; rules.

Section 571.670 - Disposition of fee moneys.

Section 571.993 - Penalty for violation of ORS 571.655.

Section 571.997 - Civil penalties for ORS 571.055 and 571.525.