Oregon Administrative Code

845-016-0080 Sanctions for Violations (1) The Commission may cancel or suspend a provider or instructor's certification under its authority in ORS 471.542, 471.547 & 471.322(3) allows the Commission to impose a fine of not more than $1,000 in addition to or instead of a suspensio…

845-020-0005 Definitions (1) The terms defined in ORS 459A.700 have the same meaning in OAR 845-020-0005 through 845-020-0060. (2) “Alternative Access Redemption Center” means a facility operated by a nonprofit organization and sponsored by a distributor cooperative intended to e…

845-020-0010 Certification of Containers (1) A beverage container may be certified by the Commission if: (a) It is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and (b) More than one manufacturer will in the ordinary course of …

845-020-0015 Application for Certification of Containers Any manufacturer desiring certification of a beverage container shall make application to the Commission upon forms to be furnished by the Commission. The application shall state the name and address of the manufacturer req…

845-020-0016 Container Exemptions (1) Every beverage container sold or offered for sale in Oregon shall have a refund value unless exempt under ORS 459A.705 or these rules. (2) Beverage containers with the following beverage types are exempt: (a) Distilled Spirits; (b) Wine in a …

845-020-0020 Full-Service Redemption Centers (1) The Commission shall approve a full-service redemption center if it finds the redemption center provides a convenient service to consumers for the return of empty beverage containers. The Commissioners delegate to the Administrator…

845-020-0025 Application for Approval for a Full-Service Redemption Center Any person desiring approval of a full-service redemption center shall make application to the Commission upon forms to be furnished by the Commission. The application shall include the following and such …

845-020-0027 Dealer Redemption Centers (1) Requirements. An individual may establish a dealer redemption center to serve one or more dealers doing business in an area that is not part of a full-service redemption center convenience zone specified by the Commission under ORS 459A.…

845-020-0028 Alternative Access Redemption Centers (1) The Commission shall approve an Alternative Access Redemption Center if it finds the redemption center will provide alternative redemption access opportunities for individuals who redeem empty beverage containers on a daily o…

845-020-0029 Application for Approval for an Alternative Access Redemption Center (1) Any nonprofit organization desiring approval of an Alternative Access Redemption Center shall make application to the Commission upon forms to be furnished by the Commission. The application sha…

845-020-0030 Standards of Cleanliness for Redemption Centers All persons responsible for the establishment and operation of the redemption center shall at all times keep the redemption center premises, including the parking facilities serving the redemption center, in full compli…

845-020-0031 Requirements of Distributors Not Participating in a Distributor Cooperative (1) Distributors that do not participate in a distributor cooperative and that sold more than 500,000 beverages in beverage containers in Oregon in the previous calendar year must establish a…

845-020-0032 Fees for Distributors and Distributor Cooperatives (1) Fees for distributors that do not participate in distributor cooperatives: (a) A distributor that sold more than 500,000 beverages in beverage containers in Oregon during the previous calendar year shall pay annu…

845-020-0033 Mobile or Satellite Redemption Centers (1) In addition to the alternative access redemption center, a nonprofit organization that operates an alternative access redemption center, with the support of the sponsoring distributor cooperative, may apply to the commission…

845-020-0034 Application for Approval for a Mobile or Satellite Redemption Site (1) Any nonprofit organization desiring approval of a Mobile or Satellite Redemption Site shall make application to the Commission upon forms to be furnished by the Commission. The application shall i…

845-020-0035 When Dealer Not Required to Accept Containers (1) The Commission does not interpret ORS 459A.710 to require a dealer to accept an empty beverage container, if: (a) The area of the business occupies a total enclosed space of 5,000 or more square feet in a single locat…

845-020-0040 Sanctions and Civil Penalties (1) The Commission is charged with ensuring: (a) Consumers are able to return redeemable containers to dealers redemption centers; and (b) Dealers are able to return containers to distributors and distributor cooperatives. (2) Sanctions.…

845-020-0060 Independent Audit Standards and Procedures (1) Within six months of the date that the Commission receives reports required by 459A.718(5)(b) from a distributor cooperative, distributor or importer, the Commission may require that a distributor cooperative, distributo…

845-025-1000 Applicability (1) A person may not produce, process, store, transport, sell, sample, test, or deliver marijuana for commercial recreational use without a license from the Commission or as otherwise authorized under these rules. (2) Nothing in these rules exempts a li…

845-025-1015 Definitions For the purposes of OAR 845-025-1000 to 845-025-8590 and OAR 845-026-0100 to 845-026-7070, unless otherwise specified, the following definitions apply: (1) “Added substance” means any component or ingredient added to marijuana, usable marijuana, a cannabi…

845-025-1030 Application Process (1) A person may submit an application to the Commission, on a form prescribed by the Commission, for a marijuana producer, processor, wholesaler, retail, or laboratory license. (2) An application for a license and all documentation required in th…

845-025-1045 True Name on Application; Interest in Business (1) True name on application. An application for a license must specify the real and true names of all individuals and legal entities required to be disclosed in the application under OAR 845-025-1030 and this rule. (2) …

845-025-1060 Fees (1) At the time of initial license or certificate application an applicant must pay a $250 non-refundable application fee. (2) If the Commission approves an application and grants an annual license, the following fees must be paid, prorated for an initial licens…

845-025-1070 Late Renewal Fees (1) If the Commission receives a completed license or certificate renewal application less than 20 days before the date the existing license or certificate expires, the Commission will charge a late renewal fee of $150 for licenses and certificates.…

845-025-1080 Criminal Background Checks (1) If an individual is required by the Commission to undergo a criminal background check, the individual must provide to the Commission: (a) A criminal background check request form, prescribed by the Commission that includes but is not li…

845-025-1090 Application Review (1) Once the Commission has determined that an application is complete it must review the application to determine compliance with ORS chapter 475C and these rules. (2) The Commission: (a) Must receive a land use compatibility statement from the ci…

845-025-1100 Approval of Application and Issuance of License (1) If the Commission determines that an applicant is in compliance with ORS 475C.017 to 475C.289 and these rules the Commission must notify the applicant in writing that the application has been approved and after paym…

845-025-1115 Denial of Application (1) The Commission must deny an initial or renewal application if: (a) An applicant is under the age of 21. (b) The applicant’s land use compatibility statement shows that the proposed land use is prohibited in the applicable zone, if a land use…

845-025-1130 Withdrawal of Application An applicant may withdraw an initial or renewal application at any time prior to the Commission acting on the application unless the Commission has determined that the applicant submitted false or misleading information in which case the Com…

845-025-1131 Application Submission Deadlines (1) All license applications submitted on or before January 1, 2022 through the Commission’s online licensing system with the nonrefundable application fee will be held until the application is assigned to a Commission staff member. (…

845-025-1132 Prohibited Changes to License Applications (1) The Commission will not allow changes of ownership of an application after submission of an application for licensure. (2) For purposes of this rule, “change of ownership” is defined as: (a) Adding or replacing an applic…

845-025-1135 Application Processing Deadlines (1) For the purposes of this rule, “complete the application process” means an applicant has submitted all fees, forms, documents, and information required under OAR 845-025-1030 that are necessary to act on an application and the pro…

845-025-1145 Communication With Commission (1) If an applicant or licensee is required to or elects to submit anything in writing to the Commission, unless otherwise prescribed by the Commission, the online platform maintained by the Commission is the primary method for communica…

845-025-1160 Notification of Changes (1) An applicant, licensee, or laboratory licensee must notify the Commission in writing within 10 calendar days of any of the following: (a) A change in any contact information for anyone listed in an application or subsequently identified as…

845-025-1165 Change of Business Structure (1) For the purposes of this rule, “change of business structure:” (a) Means a change in a licensee’s or laboratory licensee’s ownership structure by adding an individual or legal entity who meets the qualifications of an applicant as des…

845-025-1170 Change of Ownership (1) For the purposes of this rule, “change of ownership”: (a) Means a licensee or laboratory licensee proposes to: (A) Add a licensee of record; (B) Replace a current licensee of record; or (C) Change its ownership structure such that natural pers…

845-025-1175 Changing, Altering, or Modifying Licensed Premises (1) The Commission issues licenses with the expectation that the licensee will operate the business as proposed at the time of licensing. A licensee may not make any physical changes to the licensed premises that mat…

845-025-1180 Change of Location (1) For the purposes of this rule, “change of location” means a transfer of a license or laboratory license from the premises for which the license or laboratory license is currently issued to another premises that does not include any part of the …

845-025-1190 License Renewal (1) A licensee must annually submit a renewal application and the applicable fees regardless of whether the Commission has acted on a previous renewal application. A research certificate holder must submit a renewal application and the applicable rene…

845-025-1200 Financial and Business Records (1) In addition to any other recordkeeping requirements in these rules, a licensee or laboratory licensee must have and maintain records that clearly reflect all financial transactions and the financial condition of the business. The fo…

845-025-1215 Standardized Scales (1) A licensee shall use an Oregon Department of Agriculture licensed weighing device as defined in ORS chapter 618 and OAR chapter 603, division 27: (a) Whenever marijuana items are bought and sold by weight; (b) Whenever marijuana items are pack…

845-025-1230 Licensed Premises Restrictions and Requirements (1) A licensed premises may not be located: (a) On federal property; or (b) Such that any portion of the premises overlaps or would overlap any of the following: (A) A medical marijuana processing site registered under …

845-025-1245 Signage (1) A licensee must post: (a) At every licensed premises signs that read: (A) “No Minors Permitted Anywhere on This Premises”; and (B) “No On-Site Consumption of Marijuana”; and (b) At all areas of ingress or egress to a limited access area a sign that reads:…

845-025-1260 Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative, or a Secured Party (1) The Commission may issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt lic…

845-025-1275 Closure of Business (1) A license expires upon death of a licensee unless the Commission issues an order as described in subsection (2) of this rule. (2) The Commission may issue an order providing for the manner and condition under which: (a) Marijuana items left by…

845-025-1290 Licensee Responsibility A licensee or laboratory licensee is responsible for: (1) The violation of any administrative rule of the Commission; any provision of ORS chapter 475C affecting the license privileges of a licensee or laboratory licensee. (2) Any act or omiss…

845-025-1295 Local Ordinances (1) The Commission may impose a civil penalty or suspend any license for failure to comply with an ordinance adopted by a city or county pursuant ORS 475C.449 if the city or county: (a) Has provided the licensee with due process substantially similar…

845-025-1300 Licensee Prohibitions (1) A licensee may not: (a) Import into this state or export from this state any marijuana items; (b) Give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind; …

845-025-1310 Artificially Derived Cannabinoids (1) A licensee may transfer, sell, transport, purchase, possess, accept, return, or receive an artificially derived cannabinoid, including an artificially derived cannabinoid created by a refinement process using a reactive material …

845-025-1330 Trade Samples (1) For the purposes of this rule: (a) “Process lot”: (A) Has the meaning given that term in OAR 845-025-1015; and (B) Means a production batch as that term is used in ORS 475C.211. (b) “Unit” means a packaged item subject to the concentration and servi…