Proposed Rule Changes to OAR 333 Division 64, Posted May 31, 2024
Proposed changes to OAR chapter 333, division 64 will include small housekeeping fixes to clarify exisiting language as well as more substantial changes, outlined in the following summary. A requirement that laboratories obtain and maintain a license from Oregon Psilocybin Services for psilocybin testing laboratories and the Oregon Liquor and Cannabis Commission (OLCC) for cannabis testing laboratories as criteria for maintaining accreditation has been added. This will clearly define ORELAP's responsibility to accredit laboratories to those performing compliance testing as required by statute. Information on testing of infused pre-roll joints previously communicated to the cannabis industry in OLCC Guidance Bulletin CE2023-01 are being permanently incorporated into rule. Minimum sample material retention for thirty days has been proposed for cannabis testing laboratories to ensure material is retained long enough for retesting when needed. New details on how to report proficiency testing (PT) results have been added including maximum limits of quantitation (LOQs) for PTs based on existing LOQs for compliance samples. This will aid laboratories by clarifying what to report to PT providers. A requirement for mycotoxin PT samples to be in a usable marijuana matrix is proposed because mycotoxins are impacted similarly to how pesticides are influenced by the cannabis matrix. New language describing prohibitions for psilocybin laboratories on accepting psilocybin samples from unlicensed entities has been drafted. This is because ORS chapter 475A does not allow for individuals to cultivate or manufacture their own psilocybin products.Remote Meeting Details
You are invited to review and comment on the proposed rules. If you wish to present oral testimony, a public hearing will be held on June 20, 2024, at 10:00 A.M. PDT via video/phone conference using Microsoft Teams. To provide oral testimony during this hearing, please contact publichealth.rules@odhsoha.oregon.gov to sign-up and receive the link for the Microsoft Teams video conference via calendar appointment. Alternatively, you may dial 971-277-2343, phone conference ID 567 841 62# for audio only. You may also join by video conference by clicking on the following 
Meeting Link.
You may also file written comments before 5:00 P.M. PDT on June 21, 2024, by e-mailing them to the Public Health Division Rules Coordinator at publichealth.rules@odhsoha.oregon.gov.
Written comments may also be sent by regular mail and must be postmarked by 5:00 P.M. PDT on June 21, 2024. Please mail comments to:
OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232
You may also send comments by fax to: (971) 673-1299.
Permanent Rule Changes to OAR 333 Division 64 Effective December 27, 2022
New rules have been established for the accreditation of psilocybin testing laboratories. These new rules were adopted to fulfill ORELAP's responsibility to accredit psilocybin testing laboratories required in ORS 475A.590 to 475A.622. These rules also support the Oregon Psilocybin Services Program rules found in OAR 333-333-7010 to 333-333-7150. The rules include new sections covering sampling, testing, and reporting. Also included are rules on psilocybin laboratory enforcement. There is a new sampling protocol for psilocybin products. The rule language includes several new terms which have important definitions. In addition, many editorial changes were made to other sections of the rules. For more information, review the full rule text below.
Permanent Rule Changes to OAR 333 Division 64 Effective July 15, 2022
New rules affecting the accreditation fee schedule are now effective. These are the fees paid by participating laboratories and form the base of ORELAP's funding. Many of the accreditation fees are increasing, while the additional matrix assessment fees are staying the same, and the in-state trip fee is going away entirely. These rule changes are the conclusion of a multi-year study analyzing ORELAP's fiscal needs and exploring possible funding scenarios. Many of these fees have not been increased since the program's establishment in 1999, and laboratories may expect to see significant increases in their annual application and assessment fees. For more information, please see the links below.
Permanent Rule Changes to OAR 333 Division 7 and 64 Effective March 31, 2022
New rules are in effect for accreditation of Cannabis laboratories. Changes were made in Oregon Administrative Rules Chapter 333, Division 7 and 64 to address concerns raised during the 2019 Secretary of State audit of the Cannabis programs. ORELAP-SOP-001, Revision 4.1 will become effective July 1, 2022. ORELAP-SOP-002, Revision 4.3 will become effective March 31, 2022. There are three implementation dates for these rules, to allow a "phase in" period.