OHA, OLCC file rules banning flavored vaping sales, including online

Rules put into effect Governor’s executive order aimed at reducing youth use

EDITORS: Representatives from Oregon Health Authority and the Oregon Liquor Control Commission will discuss the new flavored vaping sales ban rules today (Oct. 11) during a media availability at 12:30 p.m. at OLCC Headquarters, 9079 SE McLoughlin Blvd., Portland. Conference line: 1 (646) 749-3122, access code 450-658-589; when prompted, use the hashtag symbol (#).

October 11, 2019

Media contacts:

OHA, OLCC file rules banning flavored vaping sales, including online
Rules put into effect Governor’s executive order aimed at reducing youth use

News Release PDF

PORTLAND, Ore.—The Oregon Health Authority and the Oregon Liquor Control Commission today filed temporary rules that put into effect Gov. Kate Brown’s Oct. 4 executive order banning all flavored vaping product sales in the state.

The temporary rules, which will remain in effect for six months starting Oct. 15, prohibit the sale of all flavored vaping products—including online sales—to consumers in Oregon. The ban covers all tobacco and cannabis (marijuana and hemp) vaping products that contain natural or artificial flavors including, but not limited to, chocolate, coffee, cocoa, menthol, mint, wintergreen, vanilla, honey, coconut, licorice, nuts, fruit, any candy, dessert, alcoholic or non-alcoholic beverage, herb or spice.

Tobacco-flavored tobacco or nicotine products, as well as marijuana-flavored marijuana or THC products that use only marijuana-derived flavorings, including terpenes, are not included in the ban.

Retailers found violating the temporary rules will receive a warning letter and recommendations on coming into compliance. Continued violations could result in civil penalties of up to $500 per day, per violation. In addition, cannabis. In addition, cannabis retailers or processors could face violations up to and including cancellation of their license.

Additional components of vaping products could be banned in the future. The Governor’s executive order directs OHA and OLCC to “take immediate action and adopt additional emergency rules” to prohibit any chemical or contaminant found to have caused or contributed to vaping-associated lung injuries being investigated in Oregon and 48 other states, the District of Columbia and the U.S. Virgin Islands. There are nine cases of this illness in Oregon, including two deaths.

OHA and OLCC officials say the temporary rules filed today are significant steps toward stemming the well-documented tide of e-cigarette use and vaping by youth, as well as keeping products that may expose people to unsafe chemicals and other contaminants off store shelves.

Among Oregon high school students who use e-cigarettes exclusively, nearly 90% use flavored e-cigarette products, OHA found. And there is strong evidence that e-cigarettes increase youth nicotine addiction and increase the risk that youth will start using combustible tobacco such as cigarettes.

“We have been warning Oregonians about the health effects of these products before this current outbreak of serious lung injury added more evidence of the dangers of vaping,” said Dean Sidelinger, M.D., M.S.Ed., health officer and state epidemiologist. “These rules stop the sale of a potentially dangerous product, and they’re part of a comprehensive approach to curbing youth vaping and additional cases of vaping-associated lung injuries.”

He points to additional directives in the Governor’s executive order that call on OHA and OLCC to develop consumer warnings for THC and non-THC products; expand easy access to FDA-approved cessation resources; implement a statewide prevention and education campaign; and submit legislative proposals with long-term solutions to reduce public health harms from vaping.

The temporary rules affect not only OLCC recreational marijuana licensed retailers and processors, but also alcohol licensees that sell nicotine vaping products, including retailers that sell beer and wine, bars and taverns, and liquor store agents.

The OLCC said the flavor ban is just the latest step in its evolution from focusing on public safety to an agency with an equivalent focus on consumer protection. Through increased review of products sold in the OLCC-licensed retail market and the development of testing capacity, the OLCC will continue to work to refine consumer product disclosure.

“This Commission is working very hard to ensure the cannabis industry can grow, thrive and compete in the Oregon marketplace,” said Paul Rosenbaum, chair of the OLCC. “We are doing so with a clear focus on the integrity of the marketplace for businesses, consumers and public safety. However, it is our overwhelming responsibility to protect public health and our consumers from undue risk. This agency’s rapid and nimble action to implement the Governor’s executive order is exactly why regulated cannabis will always be a superior consumer choice over illegal markets.”

Additional rules were filed earlier this week. On Wednesday, OHA filed temporary rules that require health care providers to report hospitalizations and deaths due to “vaping-associated lung injury.” Physicians have long had to report “uncommon illness of potential public health significance,” but the new rules are intended to reduce confusion by specifically naming this new lung illness as reportable by Oregon law to public health agencies.

Due to the ongoing investigation of vaping-associated lung injuries, OHA health officials continue to recommend people stop vaping immediately. Those experiencing symptoms of the illnesses, such as shortness of breath, cough or chest pain should immediately seek medical attention.

Those needing help quitting vaping cannabis and nicotine can take advantage of a variety of cessation services, including the Oregon Quit Line, Truth Initiative, Oregon’s Alcohol and Drug Helpline, and SAMHSA’s National Helpline. Information is available at healthoregon.org/vaping.

 

 

As always a comprehensive set of links and resources from the Oregon Retailers Association

Oregon Retailers of

Cannabis Association

ORCA Special Update Email – 10.11.19

OLCC Flavored Vaping Product Ban

Dear ORCA and Cannabis Industry Members,

As was expected, the OLCC Commissioners voted today to enact an emergency 6 month ban on flavored vaping products. Importantly the bandoes not include products flavored only with cannabis derived terpenes and does not go into effect until October 15th (no sales after close of business on the 14th).

For the most important details we strongly recommend that you read the Compliance Bulletin and the rules below ASAP (start with the Compliance Bulletin).  The OLCC did a great job in their Compliance Bulletin answering most if not all of the questions we have been getting.

10-11-19 Recreational Marijuana Program Compliance Education Bulletin

OAR 845-025-2805 – Prohibited Vapor Product Sales and Manufacture

ORCA Members: please remember we provide free policy advice and can reach out to the OLCC on your behalf. Email us atinfo@oregoncannabisretailers.com if you have any questions or need clarification.

As we have stated, we will continue to provide clarity and guidance on this situation as it develops but wanted to make sure to get this out to you as soon as is possible.

This is a dynamic situation and ORCA will be working with the OLCC and the Governor’s office to ensure that the rules and regulations governing the cannabis industry are fair, reasonable, and based on science and evidence.   

I know that these rules will be a relief to some of you and massively disruptive for others.  The rushed nature of this process was not ideal and left little time for feedback. Clearly our members did not get everything they were advocating for and there is still work that needs to be done. 

That being said, the industry did get several things we wanted and thankfully we avoided the worst case scenario.  It was no small thing for the Governor and the OLCC to go against the guidance of the OHA which recommended a complete vaping ban for six months. Importantly, the OLCC did provide a pathway for new science and evidence to affect the current ban.

October 28th is our next members meetingand we will be digging into the details of the ban and what our next steps are, don’t miss it – RSVP Today!.

Thank you to all our members who reached out and fought for the industry.

If you are not a member but have found these emails and our work helpful please signup and become a member today. Our strength is directly related to our resources, join the fight – Become a Member!

Resource Links:

Executive Order 19-09:Directing State Agencies to Take Immediate Action to Address the Vaping Health Crisis

OLCC Press Release:OLCC Action on Governor Brown’s Vaping Executive Order

CDC Page – Outbreak of Lung Injury Associated with E-Cigarette Use, or Vaping 

Article Links:

New – Colorado Lab Results Point to New Culprit in Vaping Cases: A Specific Chemical Used in Cheap Vape Pens

New –Lung Damage From Vaping Resembles Chemical Burns, Report Says

Association Calls on Congress to Regulate Cannabis in Response to Reports of Vaping-Related Illnesses

Tests show bootleg marijuana vapes tainted with hydrogen cyanide

Dank Vapes, TKO and Other THC Vaping Brands Are Linked to Illnesses, C.D.C. Says

Journey of a Tainted Vape Cartridge: From China’s Labs to Your Lungs

 

and……

 

 

OHA & OLCC Temporary Rules Update  on Flavored Vaping Products

Today the the Oregon Health Authority (OHA) and the Oregon Liquor Control Commission (OLCC) filed temporary rules that put into effect Gov. Kate Brown’s executive order banning all flavored vaping product sales in the state. These rules will go into effect next week, on Tuesday the 15th.

Below is an excerpt from their statement:

“The temporary rules, which will remain in effect for six months starting Oct. 15, prohibit the sale of all flavored vaping products—including online sales—to consumers in Oregon. The ban covers all tobacco and cannabis (marijuana and hemp) vaping products that contain natural or artificial flavors including, but not limited to, chocolate, coffee, cocoa, menthol, mint, wintergreen, vanilla, honey, coconut, licorice, nuts, fruit, any candy, dessert, alcoholic or non-alcoholic beverage, herb or spice.

Tobacco-flavored tobacco or nicotine products, as well as marijuana-flavored marijuana or THC products that use only marijuana-derived flavorings, including terpenes, are not included in the ban.

Retailers found violating the temporary rules will receive a warning letter and recommendations on coming into compliance. Continued violations could result in civil penalties of up to $500 per day, per violation. In addition, cannabis. In addition, cannabis retailers or processors could face violations up to and including cancellation of their license.”

Read the OHA & OLCC’s full News Release here.

According to a recent news release, additional components of vaping could be banned in the future. The OCA will continue to send updates on new rules as they come in, and will work with the OLCC and the Governor’s office to provide industry expertise in hopes of developing common sense regulation for the health of all Oregonians.

 

 

 

Also MJ Biz report…

Oregon bans flavored marijuana vaping products for six months