Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 330 CMR 32.00, the following terms shall
				have the following meanings. The Department shall interpret and construe these
				terms and 330 CMR 32.00 to effectuate the purposes of 330 CMR 32.00 as set
				forth in 330 CMR 32.01 and to make 330 CMR 32.00 consistent with
				Pub. L. No.
				115-334, as amended, and the 7 CFR Part 990, as
				amended.
Acceptable Hemp THC Level
means that
				when applied to the reported delta-9 tetrahydrocannabinol concentration level
				on a dry weight basis, the Measurement of Uncertainty produces a distribution
				or range that includes 0.3% or less. For example, if the reported delta-9
				tetrahydrocannabinol concentration level is reported as 0.35% and the
				Measurement of Uncertainty is ± 0.6%, then the measured delta-9
				tetrahydrocannabinol concentration level for this sample ranges from 0.29% to
				0.41%. Because 0.3% is within the distribution or range, the sample is within
				the acceptable hemp THC level for the purposes of program compliance.
Applicant
means a Person who has
				submitted an application to the Department to be licensed to produce
				Hemp.
Breeder
means a Producer who
				cultivates Hemp Stock for sale.
Cannabis
means a genus of flowering
				plants in the family Cannabaceae of which
Cannabis sativa
is a
				species, and
Cannabis indica
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.
Commercial Purposes
means for market
				or for cultivation for market.
Corrective Action Plan
means a plan
				proposed by the Department for correcting violations or noncompliances with 330
				CMR 32.00,
				Pub. L. No.
				115-334, as amended, or 7 CFR Part 990, as
				amended.
Commissioner
means the Commissioner of
				the Department.
Commonwealth
means the Commonwealth of
				Massachusetts.
Crop
means any Cannabis grown for the
				purposes of being Hemp.
DEA
means the United States Drug
				Enforcement Administration.
Department
means the Massachusetts
				Department of Agricultural Resources.
Federal Act
means the Agricultural
				Improvement Act of 2018,
				Pub. L. No.
				115-334, as amended.
Federal Rule
means the Domestic Hemp
				Production Program, as set forth at 7 CFR Part 990, as amended, promulgated
				pursuant to Section 10113 of the Federal Act by the United States Secretary of
				Agriculture.
FSA
means the Farm Service Agency of
				the United States Department of Agriculture.
Hemp
means the plant of the genus
Cannabis
and any part of the plant, whether growing or not,
				with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on
				a dry weight basis or per volume or weight of marijuana product or the combined
				percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any
				part of the plant of the genus
Cannabis
, regardless of
				moisture content. This shall include the seeds of the plant and all
				derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
				isomers.
Hemp Certificate
means the
				documentation stating that the Department has sampled and tested a Crop and
				determined that the Crop has an Acceptable Hemp THC Level and is Hemp.
Hemp Stock
means a viable part of a
				Hemp plant including, but not limited to, seeds, seedlings, and clones, which
				are to be used for Planting.
Identity History Summary
means a
				report from the Federal Bureau of Investigation based on an individual's name
				or fingerprints, or other documentation as approved by USDA and the
				Department.
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.
Key Participant
does not include
				non executive managers such as farm, field, or shift managers.
Key
				Participant
also does not include a member of the leadership of a
				Tribal government who is acting in their capacity as a Tribal leader, except
				when that member exercises executive managerial control over hemp production.
				For Research, this shall include the lead individual conducting the Research or
				responsible for compliance with applicable state and federal laws.
Licensee
means the holder of a License
				from the Department.
License
means the documentation
				provided by the Department after a Person has successfully applied to Produce
				Hemp in the Commonwealth.
Lot
means a quantity of Hemp produced
				in a contiguous area in a field, greenhouse, or indoor growing structure
				containing the same variety or strain of Hemp throughout the area.
Measurement of Uncertainty
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.
Negligence
means failure to exercise
				the level of care that a reasonably prudent person would exercise in complying
				with 330 CMR 32.00, the Federal Act and the Federal Rule.
Person
means a natural person,
				corporation, association, partnership, or other legal entity.
Planting
means the act of introducing
				seed, seedling, clone, or other planting material into growing media.
Planting Report
means a report on a
				form prescribed by the Department that includes information about the Planting
				of a Crop.
Produce
means to plant or grow
				Hemp.
Producer
means a person who plants or
				grows Hemp.
Production
means to plant or grow Hemp
				plants for market, or for cultivation for market, in the United States.
				Production shall not include Research provided such Research does not result in
				any Hemp or Hemp-derived product for market or entering the stream of
				commerce.
Remediate
or
Remediation
means to transform a non-compliant Crop
				into compliant Hemp while disposing of noncompliant plant parts.
Research
means to Produce Hemp for the
				investigation and study of Hemp in order to establish facts and collect new
				information.
Sampling Agent
means a person
				authorized by the Department to collect regulatory THC samples in accordance
				with the 7 CFR Part 990, as amended.
Site
means the physical area that is
				planned for producing Hemp, whether indoors or outdoors including, but not
				limited to, the terms "farm", "tract", "field", and "subfield" as set forth in
				7 CFR Part 990, as amended.
THC
means
				delta-9-tetrahydrocannabinol.
THCa
means tetrahydrocannabinolic
				acid, which converts to THC when decarboxylated.
Total 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. Thus, this test
				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.
USDA
means the United States
				Department of Agriculture.
Volunteer Plant
means any Hemp which
				grows of its own accord from seeds or roots in the years following an
				intentionally planted Crop and which was not intentionally
				planted.