Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1001 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S.
				  §§ 3-201, 3-311, and A.A.C.
				  R3-4-101, the
				  following terms apply to this Article.
"0.300%" shall have the same meaning as three-tenths
				  percent.
"Applicant" means a key participant who seeks a license or
				  certification as a grower, nursery, harvester, transporter, or processor under
				  this Article.
"Associate Director" means the Associate Director of the
				  Division.
"Authorized sampling agent" means an inspector of the
				  Department or independent party that has been trained by an authorized
				  representative of the Department to collect samples of industrial hemp crops to
				  determine compliance with applicable hemp laws.
"Biomass" means the homogenized pieces and parts, including
				  but not limited to stems, leaves and floral parts of hemp.
"Certified laboratory" means the State Agriculture Laboratory
				  or any laboratory certified by the State Agriculture Laboratory to perform
				  compliance analysis of industrial hemp.
"Corrective action plan" means a plan utilizing the methods
				  outlined in
				  R3-4-1013(D)(2)
				  for correcting a negligent violation or noncompliance with applicable hemp
				  laws, which is either proposed by a licensed hemp producer and approved by the
				  Associate Director, or issued by the Associate Director.
"Decarboxylated" means the completion of the chemical
				  reaction that converts THCA into delta-9 THC, the intoxicating component of
				  cannabis. The decarboxylated value is also calculated using a molecular mass
				  conversion ratio that sums delta-9 THC and 87.7% of THCA ((delta-9 THC) +
				  (0.877 * THCA)).
"Decarboxylation" means the removal or elimination of
				  carboxyl group from a molecule or organic compound.
"Delta-9 tetrahydrocannabinol" means the primary
				  psychoactive component of cannabis. For the purposes of this Article, delta-9
				  THC and THC are interchangeable.
"Department" means the Arizona Department of
				  Agriculture.
"Director" means the Director of the Department.
"Disposal" means an activity that transitions the
				  non-compliant product into a non-retrievable or non-ingestible form. Such
				  activities include plowing, tilling, or disking plant material into the soil;
				  mulching, composting, chopping, or bush mowing plant material into green
				  manure; burning plant material; or burying plant material into the earth and
				  covering with soil.
"Division" means the Plant Services Division of the
				  Department.
"Entity" means a corporation, joint stock company,
				  association, limited partnership, limited liability partnership, limited
				  liability company, irrevocable trust, estate, charitable organization, or other
				  similar organization, including any such organization participating in the hemp
				  production as a partner in a general partnership, a participant in a joint
				  venture, or a participant in a similar organization.
"Geospatial location" means a location designated through a
				  global system of navigational satellites used to determine the precise ground
				  position of a place or object.
"Harvest Lot" means a contiguous area in a field,
				  greenhouse, or indoor growing structure containing the same variety or strain
				  of cannabis throughout the area.
"Hemp" has the same meaning as industrial hemp.
"Hemp laws" mean, unless otherwise specified herein, A.R.S.
				  Title 3, Chapter 2 and rules adopted thereunder in Article 4.1, A.A.C.
				  R3-4-1001, et seq.;
				  7 U.S.C. §
										5940 (agricultural act of 2014
				  PL 113-79;
				  128 Stat. 656, eff. January 5, 2015,
https://www.con-gress.gov/bill/113th-congress/house-bill/2642/text
);
				  7
				  U.S.C. §
										1639o et seq. (agricultural
				  improvement act of 2018,
				  PL
				  115-334; 132 Stat. 4908, eff. December 20, 2018,
https://www.congress.gov/bill/115th-congress/house-bill/2/text
);
				  and 7 C.F.R. part 990, (86 FR 5596, eff. March 22, 2021,
https://www.ecfr.gov/cgi-bin/text-idx?node=se7.8.990_11&rgn=div8
).
				  The rule does not include any later amendments or editions of the incorporated
				  matter.
"Intentionally" means the state of mind defined in A.R.S.
				  §
									13-105(10)(a)
				   or any successor statute.
"Key participant" means a sole proprietor, a partner in
				  partnership, or a person with executive managerial control in a corporation. A
				  person with executive managerial control includes persons such as a chief
				  executive officer, chief operating officer, and chief financial officer. This
				  definition does not include non-executive managers such as farm, field, or
				  shift managers.
"Knowingly" means the state of mind defined in A.R.S. §
									13-105(10)(a)
				   or any successor statute.
"Licensing Agreement" means a contract between the Department
				  and an applicant that indicates the terms and conditions required for a license
				  issued pursuant to this Article.
"Lot" means the same as harvest lot.
"Manmade causes" means the influence to an industrial hemp
				  crop created by a person, including but not limited to, irrigation,
				  fertilization, chemical application, or physical interference.
"Measurement of Uncertainty (MU)" means the parameter,
				  associated with the result of a measurement that characterizes the dispersion
				  of the values that could reasonably be attributed to the particular quantity
				  subject to measurement.
"Natural causes" means the influence to an industrial hemp
				  crop created by elements of nature including, but not limited to, temperature,
				  wind, rain, hail, or flood.
"Performance based sampling" means a sampling method
				  established in substantive policy and posted on the Department's website that
				  ensures, within a 95% confidence level, a harvest lot is compliant with this
				  Article by not having a total delta-9 THC level above the acceptable
				  limit.
"Program" means the Industrial Hemp Program.
"Propagative material" means any industrial hemp seedlings,
				  explants, transplants, propagules, or other rooted material that is grown in a
				  soilless media.
"Remediation" means the process for achieving compliance of
				  non-compliant cannabis. Remediation can occur by removing and destroying flower
				  material, while retaining stalk, stems, leaf material, and seeds. Remediation
				  can also occur by shredding the entire plant into a biomass like material, then
				  re-testing the shredded biomass material for compliance.
"Responsible party" means an individual that has signing
				  authority of a partnership, limited liability company, association, company or
				  corporation.
"THC" means Tetrahydrocannabinol
"THCA" means Tetrahydrocannbinolic Acid.
"Total THC or total delta-9 THC" means the value determined
				  after the process of decarboxylation, or the application of a conversion factor
				  if the testing methodology does not include decarboxylation that expresses the
				  potential total delta-9 tetrahydrocannabinol content derived from the sum of
				  the THC and THCA content and reported on a dry weight basis. This
				  post-decarboxylation value of THC can be calculated by using a chromatograph
				  technique using heat, such as gas chromatography, through which THCA is
				  converted from its acid form to its neutral form, THC. which calculates the
				  total potential THC in a given sample. The total THC can also be calculated by
				  using a liquid chromatograph technique, which keeps the THCA intact. This
				  technique requires the use of the following conversion: [Total THC = (0.877 x
				  THCA) + THC] which calculates the potential total THC in a given sample.