Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture
(1) Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.206 (Definitions for ORS 632.211 to 632.260) to 632.260 (Defendant in prosecution to plead any exemption), 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment), 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed), 632.516 (Establishment of grades and standards) to 632.625 (Violation of walnut and filbert law prohibited), 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees), 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen) and 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection), the department may not exercise authority over marijuana items or a licensee, except that ORS 618.121 (License required for commercially operated weighing or measuring instrument) to 618.161 (Notice of violation to owner or operator of unlicensed weighing or measuring instrument), 618.991 (Penalties), 618.995 (Civil penalties), 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee), 633.992 (Criminal penalties) and 633.994 (Civil penalties for fertilizer law violations) apply to marijuana items or to a licensee.
(2) In exercising its authority under ORS chapter 616, the department may not:
(a) Establish standards for marijuana as a food additive, as defined in ORS 616.205 (Definitions for ORS 616.205 to 616.385);
(b) Consider marijuana to be an adulterant, unless the concentration of a cannabinoid in a cannabinoid product, cannabinoid concentrate or cannabinoid extract exceeds acceptable levels established by the Oregon Health Authority by rule; or
(c) Apply ORS 616.256 (Labeling exemption for foods to be repackaged), 616.265 (When advertisement deemed false), 616.270 (Determining when label or advertisement misleading) or 616.275 (Liability for dissemination of false advertisement) to cannabinoid edibles or enforce ORS 616.256 (Labeling exemption for foods to be repackaged), 616.265 (When advertisement deemed false), 616.270 (Determining when label or advertisement misleading) or 616.275 (Liability for dissemination of false advertisement) with respect to cannabinoid edibles. [Formerly 475B.373]
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