Or. Admin. Code § 333-333-8100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-333-8100 - Product Transportation

(1) Psilocybin products transferred by licensees.

(a) Psilocybin products transferred between licensed premises may only be transported by a licensee or licensee representative of the originating or receiving licensee.

(b) Samples of psilocybin products obtained by a laboratory licensee pursuant to OAR 333-333-7100 may only be transported by the laboratory licensee or a laboratory licensee representative of the receiving laboratory.

(c) Every manufacturer, service center and laboratory licensee must maintain a list of licensee representatives authorized to transport product or travel in vehicles transporting product.

(d) Psilocybin products transferred between licensed premises must not exceed possession quantities described in OAR 333-333-2200.

(2) Physical transport requirements for licensees.

(a) A licensee representative of a manufacturer, service center or laboratory license who transports psilocybin products on behalf of a licensee must have a valid driver license.

(b) A manufacturer, service center or laboratory licensee must:

(A) Store psilocybin products in the delivery vehicle within a locked, secured area, shielded from view from the exterior of the vehicle.

(B) When transporting perishable psilocybin products, provide appropriate temperature control within the delivery vehicle.

(C) Use a delivery vehicle that is equipped with an alarm system and is insured at or above the legal requirements in Oregon.

(D) Deliver psilocybin products to all destinations and return any remaining psilocybin products to the licensed premises of origin within 60 hours of initial departure and notify the Oregon Health Authority (Authority) immediately in the manner prescribed by the Authority if they are unable to satisfy this requirement due to inclement weather, mechanical failure, or other unforeseen circumstances.

(E) Document all overnight stops in the planned route of the manifest and include the address, estimated arrival time at, and estimated departure time from the location of each overnight stop.

(F) Package all psilocybin products for transport in shipping receptacles and assign and affix a unique identification number to all receptacles containing psilocybin products as required by these rules.

(G) Provide a copy of the manifest to each location receiving the inventory described on the manifest but may prepare a separate product tracking system manifest for each receiving location in order to maintain transaction confidentiality.

(H) Contact the Authority as soon as possible under the circumstances and in the form and manner prescribed by the Authority, if a vehicle transporting psilocybin products is involved in any accident or other situation involving product loss.

(I) Travel directly from the originating location to the destination location described in the manifest route.

(J) Notify the Authority as soon as it is safe to do so of every stop at an unlicensed location that exceeds two hours in duration and is not already listed in the manifest route.

(K) Upon the Authority's request, make the vehicle and its contents available for inspection if the delivery vehicle is stopped at an unlicensed location.

(c) A licensee may not:

(A) Make any unnecessary stops in between the originating and destination locations except to other licensed premises receiving inventory as described on the manifest;

(B) Remove psilocybin products from the vehicle until they arrive at the destination recorded in the manifest. Licensees or laboratory licensees may not transfer psilocybin products to, nor store psilocybin products in or at any unlicensed premises;

(C) Void or change a manifest after departing the originating licensed premises; or

(D) Travel with any persons not listed on the manifest.

(d) Any vehicle that meets the requirements of this rule may be used as a delivery vehicle.

(3) Product tracking system manifest requirements.

(a) Prior to removing a psilocybin product from the originating licensed premises for the purposes of transport or delivery, the originating licensee must use the product tracking system to generate a printed transport manifest containing the following information:

(A) The originating location's license number and address as it appears in the product tracking system.

(B) The destination location's license number and address as it appears in the product tracking system.

(C) The unique identification number, product type, and quantity of each psilocybin product.

(D) The actual date and estimated time of departure.

(E) Location and duration of time for any overnight stop.

(F) The arrival date and estimated time of arrival or completion of delivery.

(G) The delivery vehicle make, model, and license plate number.

(H) The name, contact information, worker permit number and signature of any licensee representatives accompanying the transport.

(b) A physical, printed copy of the generated manifest must accompany every transport of psilocybin products.

(4) Product tracking system requirements when receiving psilocybin products. Upon receipt of a delivery of psylocibin products, the receiving licensee must:

(a) Record each applicable unique identification number as accepted and received or rejected in the product tracking system as applicable.

(b) Verify the psilocybin products received are as described on the manifest and record receipt of the psilocybin products in the product tracking system if accepted.

(c) Separately and for each unique identification number document any differences between the quantities specified on the manifest and the quantities received in the product tracking system.

Or. Admin. Code § 333-333-8100

PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022; PH 58-2023, amend filed 12/21/2023, effective 1/1/2024

Statutory/Other Authority: ORS 475A.235 & ORS 475A.400

Statutes/Other Implemented: ORS 475A.235