(1) Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS § 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over marijuana items or a licensee, except that ORS § 618.121 to 618.161, 618.991, 618.995, 633.311 to 633.479, 633.992 and 633.994 apply to marijuana items or to a licensee.

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(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;

(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, 616.265, 616.270 or 616.275 to cannabinoid edibles or enforce ORS § 616.256, 616.265, 616.270 or 616.275 with respect to cannabinoid edibles.

(3) Subsection (2)(b) of this section does not prohibit the department from considering artificially derived cannabinoids to be adulterants. [Formerly 475B.529]