Oregon Health Authority
Public Health Division - Chapter 333
Division 7
MARIJUANA AND HEMP TESTING
333-007-0390
Standards for Microbiological Contaminants Compliance Testing
(1) A marijuana item or industrial hemp-derived vapor item required to be tested for microbiological contaminants under OAR 333-007-0320 to 333-007-0342 must be sampled using appropriate aseptic technique and tested by a laboratory for Shiga toxin-producing Escherichia coli and Salmonella species.
(2) A batch fails microbiological contaminants testing if, during an initial test where no reanalysis is requested or upon reanalysis as described in OAR 333-007-0450(1) the laboratory detects:
(a) Shiga toxin-producing Escherichia coli in one gram; or
(b) Salmonella spp. in one gram.
(3) Marijuana items and industrial hemp-derived vapor items tested for Aspergillus on or before August 25, 2023, in accordance with the rules that were in effect at the time, that have a laboratory test report indicating the samples contained pathogenic Aspergillus flavus, A. fumigatus, A. niger or A. terreus that were remediated or were attempted to be remediated must be resampled and retested in accordance with OAR 333-007-0450(6)(c) but are not required to be tested for pathogenic Aspergillus flavus, A. fumigatus, A. niger or A. terreus.
(4) A marijuana item or industrial hemp-derived vapor item tested for Aspergillus on or before August 25, 2023, in accordance with the rules that were in effect at the time, that have a laboratory test report indicating the samples contained pathogenic Aspergillus flavus, A. fumigatus, A. niger or A. terreus, is not considered to have failed a compliance test for the purposes of OAR 333-007-0450.
Statutory/Other Authority: ORS 475C.544
Statutes/Other Implemented: ORS 475C.544
History:
PH 53-2023, amend filed 12/12/2023, effective 12/20/2023
PH 43-2023, temporary amend filed 09/15/2023, effective 09/15/2023 through 03/12/2024
PH 24-2022, amend filed 03/15/2022, effective 03/31/2022
PH 95-2021, amend filed 12/29/2021, effective 01/01/2022
PH 258-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16