OFFICE OF THE SECRETARY OF STATE  
BEV CLARNO  
SECRETARY OF STATE
A. RICHARD VIAL  
DEPUTY SECRETARY OF STATE
ARCHIVES DIVISION  
STEPHANIE CLARK  
DIRECTOR
800 SUMMER STREET NE  
SALEM, OR 97310  
503-373-0701
TEMPORARY ADMINISTRATIVE ORDER
INCLUDING STATEMENT OF NEED & JUSTIFICATION
OLCC 13-2019
CHAPTER 845
OREGON LIQUOR CONTROL COMMISSIONFILED
10/14/2019 3:03 PM
ARCHIVES DIVISION
SECRETARY OF STATE
& LEGISLATIVE COUNSEL
FILING CAPTION:  Implementation of Governor’s Executive Order to Address Vaping Crisis and Ban Flavored Vaping 
Products
EFFECTIVE DATE:  10/15/2019 THROUGH 04/11/2020
AGENCY APPROVED DATE:  10/11/2019
CONTACT: Emily Febles  
503-872-5250  
emily.febles@oregon.gov9079 SE McLoughlin Blvd  
Portland,OR 97222Filed By:  
Emily Febles  
Rules Coordinator
NEED FOR THE RULE(S): 
On October 4, 2019 the Governor issued Executive Order 19-09 which directs the Oregon Liquor Control Commission 
to immediately adopt temporary rules banning the sale and manufacturer of all flavored vaping products for 180 days.
JUSTIFICATION OF TEMPORARY FILING: 
It is imperative that the Oregon Liquor Control  Commission take actions necessary to protect the health and safety of 
Oregonians as directed by the Governor in Executive Order 19-09. Nationally there is an ongoing vaping public health 
crisis, with an alarming outbreak in recent months of lung injuries among previously healthy individuals who have used 
vaping products. According to the CDC, as of October 10, 2019, there have been more than 1,200 vaping-related lung 
injury cases and 26 deaths nationally, with nine vaping related injuries and two deaths in Oregon. The Oregon Health 
Authority has issued a public health advisory, warning all Oregonians not to use vaping products or e-cigarettes, but it is 
imperative for the State to take evidence based action immediately to protect Oregonians, especially Oregon’s youth, 
from the harms associated with vaping products. 
 
 
No specific types of e-cigarettes, vaping devices, or liquids have been conclusively identified as a cause of the illnesses at 
this time; the FDA is testing vaping products from cases around the United States to determine which specific products 
or ingredients may be the cause. Until a cause has been identified, the Commission must act promptly, in accordance 
with the Governor’s Executive Order, to protect Oregonians, and failure to act promptly will result in serious prejudice 
to the public interest.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: 
Executive Order 19-09 (available from the Governor’s Office) 
Executive Order 19-09 -Vapor Products Rulemaking File (available upon request from OLCC)
RULES:  
Page 1 of 3845-025-2805, 845-025-5760
ADOPT: 845-025-2805
RULE TITLE: Prohibited Vapor Product Sales and Manufacture
RULE SUMMARY: These rules explain the prohibition of the sale and manufacture of cannabis vapor products 
containing flavor or non-marijuana terpenes.
RULE TEXT: 
(1) Definitions.  For purposes of this rule: 
(a) “Cannabinoid Vapor Product” means a cannabinoid product intended for human inhalation using an inhalant delivery 
system. 
(b) “Flavor” means an artificial or naturally-occurring substance that contains a taste or smell, other than the taste or 
smell of cannabis, that is distinguishable by an ordinary consumer either prior to or during the inhalation of the product, 
including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, 
nut, fruit, any candy, dessert, alcoholic or non-alcoholic beverage, herb, spice or concept flavor. 
(c) “Inhalant delivery system” has the same meaning given that term in ORS 431A.175 (1)(a). 
(d) “Non-marijuana terpene” means a terpene or terpenoid derived from a source other than marijuana. 
(2) Prohibitions.  Notwithstanding any other rule in OAR 845, Division 25, on and after October 15, 2019: 
(a) A retailer may not sell, offer for sale, deliver, transfer, or otherwise make available to a consumer any cannabinoid 
vapor product containing a flavor or a non-marijuana terpene. 
(b) A processor may not make a cannabinoid vapor product that contains a flavor or non-marijuana terpene. 
(3) For purposes of determining whether a cannabinoid vapor product contains a flavor or non-marijuana terpene, a 
public statement or claim, whether express or implied, made or disseminated by the licensee or licensees responsible for 
the manufacture of a cannabinoid vapor product, or by any person authorized or permitted by the manufacturer to 
make or disseminate public statements concerning such products, that a product has or produces a taste or smell other 
than a taste or smell of cannabis will be considered by the Commission to constitute presumptive evidence that the 
cannabinoid vapor product contains a flavor or non-marijuana terpene. 
(4) Notwithstanding section (2) of this rule, a processor licensee may request, in a form and manner prescribed by the 
Commission, to manufacture a cannabinoid vapor product using terpenes derived from botanical sources other than 
marijuana, so long as every component of the terpene compound is naturally found in cannabis. 
(a) The Commission will establish the form and manner for making a request under this rule, and standards for 
exemption, on or before November 15, 2019. 
(b) If a cannabinoid vapor product containing terpenes derived from botanical sources other than marijuana meets the 
standards established by the Commission, that cannabinoid vapor product is not subject to the restrictions of sections 
(2)(a) and (b) of this rule. 
(c) No cannabinoid vapor product containing terpenes derived from botanical sources other than cannabis may be 
manufactured or sold to consumers until the licensee receives written notification from the Commission that the 
product is exempt. 
(5) Violation of this rule is a Category I violation, and may be grounds for immediate suspension and cancellation of the 
license. 
STATUTORY/OTHER AUTHORITY: ORS 475B.025, 475B.105, 475B.186, 475B.232, 475B.246, EO 19-09
STATUTES/OTHER IMPLEMENTED: 475B.105, 475B.186, 475B.232, 475B.246
Page 2 of 3AMEND: 845-025-5760
RULE TITLE: Audit, Compliance, and Random Testing
RULE SUMMARY: These rules explain audit, compliance, and random testing requirements.
RULE TEXT: 
(1) The Commission may require a licensee to submit samples identified by the Commission to a laboratory of the 
Commission’s choosing to be tested in order to determine whether a licensee is in compliance with OAR 333-007-0300 
through 333-007-0490 or any other rules of the Commission and may require additional testing that is not required by 
these rules. 
(2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting 
testing not required by these rules, may only use Authority approved methods, unless otherwise authorized by the 
Commission. 
(3) The commission must establish a process for the random testing of marijuana items for microbiological contaminants 
that ensures each licensee tests every product for microbiological contaminants at least once a year. 
(4) The Commission may exempt a product that has successfully completed a control study in accordance with OAR 
333-007-0440 from testing for microbiological contaminants. 
(5) The Commission may, at any time, require a licensee to permit the sampling of or submit a sample of a marijuana item 
to the Commission for testing. Such testing may include testing for: 
(a) Any microbiological contaminant. 
(b) Heavy metals. 
(c) Other adulterants, pesticides, solvents, additives or contaminants that may pose a risk to public health and safety, or 
are prohibited by law. 
(6) A licensee shall submit all samples required for testing under this rule within a timeframe established by the 
Commission. 
STATUTORY/OTHER AUTHORITY: ORS 475B.550, 475B.555
STATUTES/OTHER IMPLEMENTED: ORS 475B.550, 475B.555, EO 19-09
 
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