Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Action limit" means the
				maximum permissible level of a contaminant in marihuana product allowable by
				the agency.
(b) "Acts" refers to
				the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to
				333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL
				1, MCL 333.27951 to 333.27967, when applicable.
(c) "Agency" means the marijuana regulatory
				agency.
(d) "Batch" means all
				marihuana product of the same variety that has been processed together and
				exposed to substantially similar conditions throughout processing.
(e) "Cultivator" refers to a grower under the
				medical marihuana facilities licensing act or a marihuana grower under the
				Michigan Regulation and Taxation of Marihuana Act, or both.
(f) "Employee" means, except as otherwise
				provided in these rules, a person performing work or service for compensation.
				"Employee" does not include an individual providing trade or professional
				services who is not normally engaged in the operation of a marihuana
				establishment.
(g) "Final form"
				means the form a marihuana product is in when it is available for sale by a
				marihuana sales location not including consumer packaging. For marihuana
				products intended for inhalation, "final form" means the marihuana concentrate
				in an e-cigarette or a vaping device.
(h) "Good agricultural collection practices"
				or "GACP-GMP" means the World Health Organization's or the American Herbal
				Products Association's guidelines regarding the safety, efficacy
,
and sustainability of medicinal plant material being used in herbal
				medicines.
(i) "Good manufacturing
				practices" or "GMP" means the Food and Drug Administration's formal regulations
				regarding the design, monitoring, control, and maintenance of manufacturing
				processes and facilities. They are designed to ensure that products
				manufactured are to specific requirements including identity, strength,
				quality, and purity.
(j) "Harvest
				batch" means a designated quantity of harvested marihuana, all of which is
				identical in strain and has been grown and harvested together and exposed to
				substantially similar conditions throughout cultivation.
(k) "Immature plant" means a nonflowering
				marihuana plant that is no taller than 8 inches from the growing or cultivating
				medium and no wider than 8 inches produced from a cutting, clipping, tissue
				culture, or seedling that is in a growing or cultivating medium or in a growing
				or cultivating container.
(l)
				"Inactive ingredients" means binding materials, dyes, preservatives, flavoring
				agents, and any other ingredient that is not derived from the plant
Cannabis sativa L
.
(m) "Laboratory" refers to both a safety
				compliance facility under the medical marihuana facilities licensing act and a
				marihuana safety compliance facility under the Michigan Regulation and Taxation
				of Marihuana Act.
(n) "Limit of
				quantitation" or "LOQ" means the minimum concentration or mass of an analyte in
				a given matrix that can be reported as a quantitative result.
(o) "Marihuana business" refers to a
				marihuana facility under the medical marihuana facilities licensing act or a
				marihuana establishment under the Michigan Regulation and Taxation of Marihuana
				Act, or both.
(p) "Marihuana
				establishment" means a a marihuana grower, marihuana safety compliance
				facility, marihuana processor, marihuana microbusiness, marihuana retailer,
				marihuana secure transporter, marihuana designated consumption establishment,
				or any other type of marihuana-related business licensed by the agency under
				the Michigan Regulation and Taxation of Marihuana Act.
(q) "Marihuana facility" means a location at
				which a licensee is licensed to operate under the medical marihuana facilities
				licensing act.
(r) "Marihuana
				product" means marihuana or a marihuana-infused product, or both, as those
				terms are defined in the act unless otherwise provided for in these
				rules.
(s) "Marihuana sales
				location" refers to a provisioning center under the medical marihuana
				facilities licensing act or a marihuana retailer under the Michigan Regulation
				and Taxation of Marihuana Act, or both.
(t) "Marihuana tracking act" means the
				marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(u) "Medical marihuana facilities licensing
				act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA
				281, MCL 333.27101 to 333.27801.
(v) "Michigan Regulation and Taxation of
				Marihuana Act" or "MRTMA" means the Michigan Regulation and Taxation of
				Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(w) "Package tag" means an RFID tag supplied
				through the statewide monitoring system for the purpose of identifying a
				package containing a marihuana product.
(x) "Plant tag" means an RFID tag supplied
				through the statewide monitoring system for the purpose of identifying an
				individual marihuana plant.
(y)
				"Pre-test" means to perform full compliance testing on samples, without
				reporting the results to the agency, and reporting results of subsequent
				testing to the agency.
(z)
				"Proficiency test" means a test that determines the performance of individual
				laboratories for specific tests or measurements and is used to monitor
				laboratories' performance.
(aa)
				"Producer" refers to both a processor under the medical marihuana facilities
				licensing act and a marihuana processor under the Michigan Regulation and
				Taxation of Marihuana Act.
(bb)
				"Production batch" means a designated quantity of marihuana product, all of
				which was processed together, is homogeneous, identical in color, flavor, and
				other characteristics, and was processed under similar conditions throughout
				processing.
(cc) "These rules"
				means the administrative rules promulgated by the agency under the authority of
				the medical marihuana facilities licensing act, the marihuana tracking act, the
				Michigan Regulation and Taxation of Marihuana Act, and Executive Reorganization
				Order No. 2019-2, MCL 333.27001.
(dd) "Tag" or "RFID tag" means the unique
				identification number or Radio Frequency Identification (RFID) issued to a
				licensee by the statewide monitoring system for tracking, identifying, and
				verifying marihuana plants, marihuana products, and packages of marihuana
				product in the statewide monitoring system.
(ee) "Target analyte" means a non-marihuana
				inactive ingredient designated for analysis.