Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Section 2VAC5-595-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Approved source" means a manufacturer of an industrial hemp
				  extract or food containing an industrial hemp extract that operates (i) under
				  inspection by the responsible food regulatory agency in the location in which
				  such manufacturing occurs and (ii) in compliance with the laws, regulations, or
				  criteria that pertain to the manufacturer of an industrial hemp extract or food
				  containing an industrial hemp extract in the location in which such
				  manufacturing occurs.
"Batch" means a specific quantity of an industrial hemp
				  extract that is uniform and is produced during a specified period of time under
				  similar conditions and identified by a specific code that allows
				  traceability.
"Cannabinoid" means a naturally-occurring, biologically
				  active, chemical constituent of Cannabis sativa.
"Consumer" means a person who (i) purchases an industrial
				  hemp extract or a food containing an industrial hemp extract for personal use,
				  (ii) is not functioning in the capacity of an operator of a food establishment
				  or food processing plant, and (iii) does not offer the industrial hemp extract
				  or food containing an industrial hemp extract for resale.
"Consumption" means oral ingestion.
"Contaminant" means any substance not intended to be an
				  ingredient in a food and that is potentially harmful to the consumer.
"Department" means the Virginia Department of Agriculture and
				  Consumer Services.
"Extract" means a naturally occurring phytochemical produced
				  by the industrial hemp plant that has been removed from the inert structural
				  material of the plant.
"Food" means any article that is intended for human
				  consumption and introduction into commerce, whether the article is simple,
				  mixed, or compound, and all substances or ingredients used in the preparation
				  thereof. "Food" does not mean a drug as defined in § 54.1-3401 of the Code
				  of Virginia. "Food" includes a dietary supplement.
"Industrial hemp" means any part of the plant Cannabis sativa
				  with a concentration of tetrahydrocannabinol that is no greater than that
				  allowed by federal law.
"Industrial hemp extract" means an extract (i) of a Cannabis
				  sativa plant that has a concentration of tetrahydrocannabinol that is no
				  greater than that allowed for hemp by federal law and (ii) that is intended for
				  human consumption.
"Manufacturer" means a person that (i) produces a packaged
				  food or a food intended to be used as an ingredient in a food and (ii) offers
				  the food for sale directly to consumers or for wholesale distribution.
				  "Manufacturer" does not include a person that adds an industrial hemp extract
				  to food for immediate consumption by consumers in a retail food establishment
				  or at a farmers' market, if that person did not produce the industrial hemp
				  extract.
"Phytochemical" means any naturally occurring chemical
				  compound in a plant.
"Processor" means a person registered pursuant to subsection
				  A of § 3.2-4115 of the Code of Virginia to process industrial hemp.
"Production field" means the land or area on which a grower
				  is growing or intends to grow industrial hemp.
"Retail food establishment" means a food business regulated
				  under and operating in compliance with the Retail Food Establishment
				  Regulations (2VAC5-585) and Chapter 51 (§ 3.2-5100 et seq.) of Title 3.2
				  of the Code of Virginia.
"Retail sale" means the sale of a product directly to a
				  consumer.
"Total delta-9 tetrahydrocannabinol concentration" means the
				  post-decarboxylation delta-9 tetrahydrocannabinol concentration, which can be
				  determined using the following equation [delta-9 tetrahydrocannabinol] + (0.877
				  x [tetrahydrocannabinolic acid]).
"Wholesale distribution" means the sale of a product to an
				  intermediate entity that intends to further distribute that product for retail
				  sale.
Statutory Authority: § 3.2-5145.5 of the Code of
					 Virginia.