Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Acceptable hemp THC concentration"
means when
				an official laboratory tests a sample, the laboratory must report the delta-9
				tetrahydrocannabinol (THC) content concentration on a dry weight basis and the
				measurement uncertainty. The acceptable hemp THC concentration is for the
				purpose of compliance when the application of the measurement uncertainty to
				the reported THC concentration on a dry weight basis produces a distribution or
				range that includes 0.3 percent or less. For example, if the reported THC
				concentration on a dry weight basis is 0.35 percent and the measurement
				uncertainty is +/- 0.06 percent, the measured THC concentration on a dry weight
				basis for this sample ranges from 0.29 percent to 0.41 percent. Because 0.3
				percent is within the distribution or range, the sample is within the
				acceptable hemp THC concentration for the purpose of compliance. This
				definition of "acceptable hemp THC concentration" affects neither the statutory
				definition of hemp, 7 U.S.C.
				1639o(1), in the 2018 Farm
				Bill nor the definition of "marihuana,"
				21 U.S.C.
				802(16), in the CSA.
"Applicant"
means any of the following:
1. An individual with 5 percent, or more,
			 legal or equitable interest in the hemp crop.
2. An individual applying as a member of a
			 business entity, if that individual's legal or equitable interest in the
			 business entity is 5 percent or more.
3. Key participants in a corporate entity at
			 the executive levels including chief executive officer, chief operating officer
			 and chief financial officer.
4. If
			 an applicant is acting on behalf of an institution governed by the state board
			 of regents, as defined in Iowa Code section
			 262.7, or a community college,
			 as defined in Iowa Code section
			 260C.2, "applicant" means the
			 individual, or individuals, appointed by the president or chancellor of the
			 institution to obtain hemp permits from the department. Other institutions of
			 higher learning may also apply by designating an appropriate authorized
			 representative.
5. If an applicant
			 is acting on behalf of an association, the association shall designate an
			 authorized representative.
"Authorized representative"
means an
				individual designated by an applicant to act on behalf of and represent the
				applicant in communicating with the department for the purposes of applying for
				a license, submitting reports, receiving documents and information from the
				department, and acting as the sole primary contact pertaining to the license.
				An applicant may only have one authorized representative. An authorized
				representative shall not be a business entity.
"Business entity"
means an organization
				created or operated by one or more individuals to carry on a trade or
				business.
"Cannabis"
means a genus of flowering plants
				in the family Cannabaceae of which
Cannabis sativa
is a
				species, and
Cannabis indicia
and
Cannabis
				ruderalis
are subspecies thereof. Cannabis refers to any form of the
				plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight
				basis has not yet been determined.
"Certificate of analysis"
means the
				certificate issued by the department following the official preharvest
				inspection, sampling and testing for total tetrahydrocannabinol (THC)
				concentration if the THC concentration is 0.3 percent or less by dry weight
				matter. The certificate of analysis shall contain the results of the
				department's official laboratory test of the postdecarboxylation value
				concentration of the officially sampled hemp crop following the preharvest
				report. The certificate of analysis shall be combined with a certificate of
				crop inspection.
"Controlled Substances Act"
or
"CSA"
means the Controlled Substances Act as codified in
				21 U.S.C.
				801, et seq.
"Crop site"
or
"site"
means a
				single contiguous parcel of land suitable for the planting, growing, or
				harvesting of hemp, if the tract of land does not exceed 320 acres. All the
				area within the contiguous tract is part of the crop site. Unplanted areas,
				including spacing between planted rows, are part of the crop site for purposes
				of determining the size of a site. The crop site shall not be a
				dwelling.
"Cultivar"
means a group of cultivated plants
				that are not necessarily true to type, or plants whose seed will yield the same
				type of plant as the original plant. A cultivar may originate as a mutation or
				may be a hybrid of two plants. To further develop into a variety, or propagate
				true-to-type clones, cultivars must be propagated vegetatively through
				cuttings, grafting, and even tissue culture.
"Decarboxylated"
means the completion of the
				chemical reaction that converts THC-acid (THCA) into delta-9-THC, the
				intoxicating component of cannabis. The decarboxylated value is also calculated
				using a conversion formula that sums up delta-9-THC and 87.7 percent of
				THCA.
"Decarboxylation"
means the removal or
				elimination of a carboxyl group from a molecule or organic compound.
"Department"
means the Iowa department of
				agriculture and land stewardship.
"Destruction"
means the procedure to render
				unusable by burning, incorporating with other materials, or other methods
				approved by the department.
"Destruction report"
means the report and
				notice that shall be submitted to the department on the required departmental
				form, no more than 48 hours after the crop has been destroyed, as ordered by
				the department.
"Drug felony conviction report"
means a
				mandatory report submitted within 14 days of the conviction to the department
				on the required departmental form by any authorized representative or applicant
				who is convicted of a disqualifying felony offense.
"Dry weight basis"
means the ratio of the
				amount of dry solid in a sample after drying to the total mass of the sample
				before drying, including the moisture in a sample. Dry weight basis is the
				percentage of a chemical in a substance after removing the moisture from the
				substance. Percentage of THC on a dry weight basis means the percentage of THC,
				by weight, in a cannabis item (plant, extract, or other derivative), after
				excluding moisture from the item.
"Dwelling"
means a residence and all permanent
				or temporary structures attached to the residence.
"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 participating in the production of hemp,
				including but not limited to as a partner, joint venture, or other
				relationship.
"Farm Service Agency"
or
"FSA"
means the Farm Service Agency of the United States
				Department of Agriculture.
"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.
"Hemp"
means:
1. The plant
Cannabis sativa
L. and any part of that plant, including the seeds thereof, and all
			 derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
			 isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
			 concentration of 0.3 percent or less ona dry weight basis when tested using
			 postdecarboxylation or other similarly reliable methods.
2. A plant of the genus
Cannabis
other than
Cannabis sativa
L., with
			 a delta-9 tetrahydrocannabinol concentration of 0.3 percent or less on a dry
			 weight basis when tested using postdecarboxylation or other similarly reliable
			 methods, but only to the extent allowed by the department in accordance with
			 applicable federal law, including the federal hemp law.
"Hemp bill of lading"
means a document of
				title evidencing the receipt of hemp for shipment issued by an individual
				engaged in the business of directly or indirectly transporting or forwarding
				hemp. The term does not include a warehouse receipt. The term does not include
				hemp transported within the state of Iowa by a person for that person's sole
				use. A hemp bill of lading shall include the following:
1. The name and address of the owner of the
			 hemp;
2. The point of
			 origin;
3. The point of delivery,
			 including name and address;
4. The
			 kind and quantity of packages or, if in bulk, the total quantity of hemp in the
			 shipment; and
5. The date of
			 shipment.
"High-performance liquid chromatography"
or
"HPLC"
means a type of chromatography technique in analytical
				chemistry used to separate, identify, and quantify each component in a mixture.
				HPLC relies on pumps to pass a pressurized liquid solvent containing the sample
				mixture through a column filled with a solid adsorbent material to separate and
				analyze compounds.
"Individual"
means a single human being. An
				entity is not an individual.
"Indoor crop site"
means:
1. A structure covered with transparent
			 material, such as glass or polyurethane, which is specifically designed,
			 constructed and used for the culture and propagation of hemp. Common industry
			 terms for indoor crop sites include, but are not limited to, greenhouse,
			 glasshouse, and hothouse; or
2. A
			 structure, or a room within a structure, used for the culture and propagation
			 of hemp.
"License"
means a license granted by the
				department to grow hemp in Iowa.
"License application"
means the department's
				form submitted to obtain a license to grow hemp in Iowa.
"Lot"
means a contiguous area in a field,
				greenhouse, or indoor crop site containing the same variety, cultivar, or
				strain of cannabis throughout. No plant within a lot shall be planted more than
				14 days after the initial plant or seed was planted. In addition, "lot" is a
				common term in agriculture that refers to the batch or contiguous, homogeneous
				whole of a product being sold to a single buyer at a single time. For the
				purpose of this chapter, "lot" is to be defined by the producer in terms of
				farm location, field acreage, variety, cultivar or strain and to be reported as
				such to the FSA.
"Map"
means a diagram depicting all borders of
				the crop site including the nearest roads to aid in orientation, the cardinal
				direction north, and the boundaries of the legally described parcel in which
				the crop site is located. A map designating an outdoor crop site shall clearly
				indicate the names, or lot numbers, of all lots and planting locations. If
				multiple varieties, cultivars, or strains are planted, or if the crop site
				shall be subdivided into separate lots for the official laboratory test, the
				map shall indicate the lots and sub-lots with names of the varieties,
				cultivars, or strains.
"Measurement uncertainty"
or
"MU"
means the parameter, associated with the result of a
				measurement, that characterizes the dispersion of the values that could be
				reasonably attributed to the particular quantity subject to measurement.
"Official laboratory test"
means a test of
				postdecarboxylation value concentration performed by the department. The
				laboratory quantitative determination of the THC concentration shall use
				postdecarboxylation and be measured using gas chromatography with flame
				ionization detector (GS-FID), high performance liquid chromatography (HPLC) or
				another acceptable method as determined by the department.
"Official sample"
means the preharvest hemp
				sample collected by the department, in accordance with department policy, which
				is used to assess the THC concentration of a single lot of hemp.
"Order of destruction"
means the order
				furnished to the licensee by the department, in consultation with the
				department of public safety, ordering the destruction of cannabis that exceeds
				the acceptable hemp THC concentration.
"Outdoor crop site"
means any crop site that
				is not an indoor crop site.
"Planting report"
means the report and notice
				submitted to the department on the required departmental planting report form.
				Planting reports are required for both indoor and outdoor hemp crops.
"Postdecarboxylation value,"
in the context of
				testing methodologies for THC concentration in hemp, means a value determined
				after the process of decarboxylation that determines the total potential
				delta-9 tetrahydrocannabinol (THC) content derived from the sum of the THC and
				delta-9-tetrahydrocannabinolic acid (THCA) content and reported on a dry weight
				basis. The postdecarboxylation value of THC can be calculated by using a
				chromatographic technique using heat, gas chromatography, through which THCA is
				converted from its acid form to its neutral form, THC. Thus, this test
				calculates the total potential THC in a given sample. The postdecarboxylation
				value of THC can also be calculated by using a high-performance liquid
				chromatograph technique, which keeps the THCA intact and requires a conversion
				calculation of that THCA to calculate total potential THC in a given
				sample.
"Postharvest report"
means the report and
				notice that the licensee shall deliver to the department on the required
				departmental postharvest report form, no more than 30 days after the harvest of
				a lot is complete.
"Preharvest inspection"
means the inspection
				to collect one or more official samples for official laboratory testing.
"Preharvest report"
means the report and
				notice that the licensee shall deliver to the department on the required
				departmental preharvest form in order to request a preharvest inspection. The
				licensee shall submit the preharvest report no less than 30 days prior to the
				expected harvest date of any hemp crop.
"Reverse distributor"
means a person who is
				registered with Drug Enforcement Administration (DEA) in accordance with
				21 CFR
				1317.15 to dispose of marijuana under the
				Controlled Substances Act.
"Strain"
means variations of a cultivar,
				generally from breeding techniques or genetic mutations.
"Sub-lot"
means an area divided from a larger
				lot. A lot may be divided into multiple sub-lots.
"Temporary harvest and transportation permit"
means a temporary and limited permit issued by the department when the official
				sample is taken, allowing the harvest and transportation of the officially
				tested crop prior to the completion of official laboratory sampling.
"THC"
means total tetrahydrocannabinol as
				determined by an official laboratory test postdecarboxylation.
"Variety"
means a plant grouping within a
				single botanical taxon of the lowest known rank that, without regard to whether
				the conditions for plant variety protection are fully met, can be defined by
				the expression of the characteristics resulting from a given genotype or
				combination of genotypes, distinguished from any other plant grouping by the
				expression of at least one characteristic and considered as a unit with regard
				to the suitability of the plant grouping for being propagated unchanged. A
				variety may be represented by seed, transplants, plants, tubers, tissue culture
				plantlets, and other matter.