Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter A - General Provisions › Section XIII-1303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				  of R.S.
				  3:1462 relating to definitions, words, and
				  terms are hereby incorporated by reference and made a part hereof and will
				  therefore apply and govern the interpretation of these rules. Any word or term
				  not defined in these rules shall have the same meaning ascribed to it in
				  R.S.
				  3:1462. Any word not defined in
				  R.S.
				  3:1462 or this Chapter shall be construed in
				  accordance with its plain and ordinary meaning.
B. The following words and terms shall have
				  the following meanings.
Acceptable Industrial Hemp THC Level
-when
					 the application of the measurement of uncertainty to the reported total delta-9
					 tetrahydrocannabinol content concentration level on a dry weight basis produces
					 a distribution range that includes 0.3 percent or less.
AOSCA
-Association of Official Seed
					 Certifying Agencies.
AOSCA-Certified Seed, AOSCA-Registered Seed, and
					 AOSCA Foundation Seed
-seed that has been produced and labeled in
					 accordance with the procedures and in compliance with the rules and regulations
					 of an AOSCA seed certifying agency or by the Organization for Economic
					 Co-operation and Development ("OECD") Seed Schemes. AOSCA certified seed
					 programs provide standards and procedures approved by the United States
					 Secretary of Agriculture to maintain and make available to the public high
					 quality seed and propagating materials of superior crop plant varieties grown
					 and distributed to insure genetic identity and purity.
Approved Variety-
industrial hemp variety
					 or strain that has been tested a minimum of three years in Louisiana and all
					 official LDAF test results have shown the variety or strain at or below the
					 compliant THC level.
Cannabis
-all parts of the
Cannabis
plant, whether growing or not, including its seeds,
					 resin, compounds, salts, derivatives, and extracts.
CBD
-cannabidiol.
Certificate of Analysis
-Repealed.
Commission
-the Louisiana Agricultural
					 Chemistry and Seed Commission.
Commissioner
-the Louisiana Commissioner of
					 Agriculture and Forestry.
Controlled Substances Act
("CSA") -The
					 Controlled Substances Act as codified in
					 21
					 U.S.C. 801 et seq.
Corrective Action Plan -
a plan proposed by
					 LDAF for correcting a negligent violation or non-compliance for any licensed
					 industrial hemp grower, seed producer, handler or other person(s) found to be
					 in violation of these rules.
DEA
-U.S. Drug Enforcement
					 Administration.
Delta-9-THC A
					 ("THC-A")
-delta-9-tetrahydrocannabinolic acid.
Designated Responsible Party
-the natural
					 person designated by a business applicant or licensee as responsible for daily
					 business operations.
Destruction Report-
an official document
					 issued by LDAF that must be completed by a licensed producer of industrial hemp
					 and submitted to LDAF prior to destruction of any industrial hemp plot.
Employee
-any person working under the
					 direct supervision of a licensee who performs services for wages or salary, and
					 whose work the licensee has control over in respect to the work to be done and
					 how it will be done.
Farm Service Agency (FSA) Lot ID
-a unique
					 number generated by the USDA Farm Service Agency consisting of the farm number,
					 tract number, field number, and subfield number. This unique number is
					 generated from the submittal of the FSA 578 Form.
Federally Defined THC Level for
					 Hemp
-Repealed.
GPS
-global positioning system.
Guarantor
-an individual, partnership,
					 corporation, company, association, or other legal entity whose name appears on
					 the analysis label of industrial hemp seed.
Grower
-a licensee authorized to obtain
					 industrial hemp seed, possess industrial hemp seed for planting cultivating,
					 cultivate an industrial hemp crop, harvest industrial hemp plant parts, as well
					 as possess, store, transport, and market unprocessed plant parts grown under
					 their grower's license, pursuant to this Chapter.
Growing Season
-the calendar year in which
					 an industrial hemp crop is produced.
Handle
or
Handling-
includes all of the following:
a.
				  transporting or delivering industrial hemp material in intrastate commerce for
				  compensation;
b. commercially
				  harvesting, storing, or grinding industrial hemp material received from a
				  grower;
c. cleaning or packaging
				  industrial hemp seed received from a seed producer;
d. brokering industrial hemp material;
				  or
e. receiving industrial hemp
				  material for testing.
Handler
-a licensee authorized to engage in
					 handling as defined herein.
Harvesting
-the process of cutting or
					 collecting industrial hemp crop or crop parts grown in a plot, field,
					 greenhouse, or indoor growing structure.
Harvest/Destruction Report
-an official
					 document issued by LDAF that must be completed by a licensed grower of
					 industrial hemp and submitted to LDAF prior to harvest or destruction of any
					 industrial hemp field, greenhouse, or indoor growing structure.
Harvest Report
-an official document issued
					 by LDAF that must be completed by a licensed grower or seed producer of
					 industrial hemp and submitted to LDAF prior to harvest of any industrial hemp
					 plot.
Independent Contractor
-a person or
					 business entity that provides services under a written contract or verbal
					 agreement or is issued a 1099 tax form for the work performed.
Industrial Hemp-
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 total delta-9 tetrahydrocannabinol
					 concentration level of not more than 0.3 percent on a dry weight basis.
Industrial Hemp Plant Parts-
any floral
					 buds, leaves, roots, seeds, stalks, or stems of the plant
Cannabis
					 sativa L.
with a total delta-9 tetrahydrocannabinol concentration
					 level of not more than 0.3 percent on a dry weight basis.
Industrial Hemp Products
-products derived
					 from, or made by, processing industrial hemp plants or plant parts.
Industrial Hemp Greens
-hemp leaves from
					 immature plants germinated from seed in which the plants are no more than ten
					 (10) inches tall and which are also not yet flowering.
Industrial Hemp Microgreens
-immature hemp
					 seedlings intended for human consumption that are:
a. cut off above the soil or
				  substrate;
b. harvested prior to
				  flowering;
c. not more than 14 days
				  after germination; and
d. not
				  taller than 5 inches.
Industrial Hemp Transplants
-hemp
					 seedlings, rooted cuttings, or immature plants produced from tissue culture or
					 other means of reproduction, which are not harvested, but transplanted into a
					 larger container or field to allow for maturing and harvesting.
Key Participants
-Repealed.
Law Enforcement Agency
-the Louisiana State
					 Police, DEA, or other federal, state, or local law enforcement agency or drug
					 suppression unit.
License Application
-a document executed by
					 a person and LDAF authorizing the person to grow, handle, store, or transport
					 industrial hemp at one or more specified locations in Louisiana under the terms
					 set forth in the document,
					 R.S.
					 3:1461 et seq., and this Chapter.
Licensed Grower
-Repealed.
Licensee
-any person possessing a contract
					 carrier, grower, processor or seed producer license issued by LDAF under the
					 authority of this Chapter.
Location ID
-the unique identifier
					 established by the applicant for each unique set of GPS coordinates where
					 industrial hemp will be grown, stored, or processed, and which may include a
					 field name or building name.
LDAF
-the Louisiana Department of
					 Agriculture and Forestry.
License Application
-a document executed by
					 a person and LDAF authorizing the person to grow, handle, process, or store
					 industrial hemp at one or more specified locations in Louisiana under the terms
					 set forth in the document,
					 R.S.
					 3:1461 et seq., and this Chapter.
Licensee
-any person possessing a handler,
					 grower, processor or seed producer license issued by LDAF under the authority
					 of this Chapter.
Market or Marketing
-promoting or selling a
					 product within Louisiana, in another state, or outside of the United States.
					 Marketing includes efforts to advertise and gather information about the needs
					 or preferences of potential consumers or suppliers.
Measurement of Uncertainty
-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.
Negligence
or
Negligent
					 Violation
-failure to exercise the level of care that a reasonably
					 prudent person would exercise in complying with the requirements set forth in
					 this Chapter.
Non-Consumable Hemp-
any product derived
					 from industrial hemp that does not contain any cannabinoid, including
					 cannabidiol, and is not intended for consumption or topical use.
Notice of Analysis-
an official document
					 issued by a laboratory approved by LDAF which includes, along with other sample
					 information, the unique sample number and THC level test results of the
					 submitted sample.
Person
-any individual, partnership,
					 corporation, company, association, or other legal entity.
Planting Report
-an official document
					 issued by LDAF that must be completed by an industrial hemp licensee and
					 submitted to LDAF after each planting of industrial hemp in any field,
					 greenhouse, or indoor growing structure.
Plot
-a contiguous area in a field,
					 greenhouse, or indoor growing structure containing the same variety or strain
					 of industrial hemp throughout the area and which is identified by a FSA Lot
					 ID.
Processing
-converting industrial hemp into
					 a nonconsumable, marketable form.
Processor-
any licensed individual,
					 partnership, corporation, cooperative association, or other business entity
					 that receives industrial hemp for processing into nonconsumable hemp
					 commodities or products. Processor shall not include a consumable hemp
					 processor as defined in
					 R.S.
					 3:1481.
Prohibited Variety
-an industrial hemp
					 variety or strain that meets one or more of the following:
a. more than 50 percent of official LDAF
				  sample test results are above the 0.30 percent total THC concentration
				  level;
b. an official LDAF sample
				  test result that is greater than 1.0 percent total THC;
c. information in the public domain that
				  supports the fact that the variety or strain is not industrial hemp.
Remediate
or
Remediation
-the process of rendering non-compliant cannabis
					 compliant by removing and destroying, in the presence of and by a method
					 approved by LDAF, all flower material, while retaining stalk, stems, leaf
					 material, and seeds, or by shredding the entire plant into a biomass-like
					 material. All hemp plant material that has undergone remediation shall be
					 sampled and retested for THC compliance.
Research Institution
-an accredited
					 institution of higher learning or a research facility that conducts scientific
					 research on industrial hemp, or any licensee producing industrial hemp for
					 research purposes, when none of the industrial hemp grown is intended for
					 commerce.
School
-a public or private institution or
					 that portion of a public or private institution which provides teaching for any
					 grade from kindergarten through twelfth grade.
Seed Producer-
a licensee authorized to
					 obtain, produce, transport, and sell industrial hemp seed pursuant to this
					 Chapter.
USDA
-United States Department of
					 Agriculture
Variety
-a subdivision of a kind
					 characterized by growth, yield, plant, fruit, seed, or other characteristics by
					 which it can be differentiated from other plants of the same kind.
Variety Designation List
-a list of
					 industrial hemp varieties published by LDAF that, based on official LDAF test
					 results, designates the varieties in the following categories: not yet tested,
					 non-designated, variety of concern, approved or prohibited.
Volunteer Industrial Hemp Plant
-an
					 industrial hemp plant that was not intentionally planted, but results from a
					 previous crop, growing on its own accord from seeds or roots following an
					 intentionally planted industrial hemp crop.