Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.10 - Definitions and Incorporations

Current through Register Vol. 48, No. 28, July 12, 2024
Definitions for this Part are located in Section 5 of the
				Industrial Hemp Act [ 505 ILCS 89 ]. The following definitions shall also apply
				to this Part:
"Act" means the Industrial Hemp Act [ 505 ILCS 89 ].
"Agent" means any family member, employee, contracted employee,
				or farmhand of a licensed or registered hemp cultivator or processor.
"Applicant" means the individual or entity who is applying for
				a license or registration.
"Contiguous Land Area" means land areas used for cultivation of
				industrial hemp that are not separated by more than 100 feet by waterways,
				fences, railroads, lanes, roads, highways, interstates or other
				separations.
"Cultivating" means planting, growing, harvesting and storing a
				plant or crop.
"Department" means the Illinois Department of
				Agriculture.
"Director" means the Director of
				Agriculture.
"Farm" means any property used solely for the growing and
				harvesting of crops; for the feeding, breeding and management of livestock; for
				dairying or for any other agricultural or horticultural use or combination
				thereof; including, but not limited to, hay, grain, fruit, truck or vegetable
				crops, floriculture, mushroom growing, plant or tree nurseries, orchards,
				forestry, sod farming and greenhouses; the keeping, raising and feeding of
				livestock or poultry, including dairying, poultry, swine, sheep, beef cattle,
				ponies or horses, fur farming, bees, fish and wildlife farming [ 35 ILCS
				200/1-160 ].
"Handle" means to possess, transport or store industrial hemp
				for any period of time on premises owned, operated or controlled by a person or
				entity, or the agent thereof, licensed to cultivate industrial hemp or
				registered to process industrial hemp.
"Indoor Cultivation" means the process of cultivating
				industrial hemp in a greenhouse or in an enclosed building or structure capable
				of continuous cultivation throughout the year. Continuous cultivation is not
				required.
"Industrial Hemp" means the plant Cannabis sativa L.
				and any part of that plant, whether growing or not, with a delta-9
				tetrahydorcannabinol (THC) concentration of not more than 0.3 % on a dry weight
				basis that has been cultivated under a license issued under
the
Act or is otherwise lawfully present in this State, and includes any
				intermediate or finished product made or derived from industrial
				hemp.
"Land Area" means a farm as defined in Section 1-60 of
				the Property Tax Code
[ 35 ILCS 200 ]
in this State or land or
				facilities under the control of an institution of higher
				education.
"Law Enforcement" means the officers and activities of the
				federal, State, and local agencies responsible for maintaining public order and
				enforcing the law.
"License" means authorization by the Department for any
				individual or legal entity to grow industrial hemp in the State.
"Licensee" means a person or entity that has applied for, and
				received, a license to cultivate Industrial Hemp from the Department.
"Person" means any individual, partnership, firm, corporation,
				company, society, association, the State or any department, agency, or
				subdivision thereof, or any other entity, or the agent thereof.
"Process" means the conversion of raw industrial hemp
				plant material into a form that is presently legal to import from outside the
				United States under federal law.
"Registrant" means any person or entity that has applied for,
				and received, a Registration to process industrial hemp from the
				Department.
"Registration" means authorization by the Department for any
				individual or legal entity to process or handle industrial hemp.
"Variety" means a group of plants or an individual plant that
				exhibits distinctive observable physical characteristics or has a distinct
				genetic composition. This includes the terms "cultivar" and
				"strain".