La. Admin. Code tit. 49 § I-501

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-501 - Definitions [Formerly 49:2.2100]
A. Unless otherwise specifically provided herein, the following words and terms used in this Chapter of Title 49, and all other Chapters of Title 49 which are adopted or may be adopted, are defined for the purposes thereof as follows.

Accrediting Body-for the purposes of this Chapter, the International Organization for Standardization (ISO).

Advertisement-includes all representations of fact or opinion disseminated to the public in any manner or by any means other than by the labeling.

Adult-Use Consumable Hemp Product-any consumable hemp product that contains more than 0.5 milligrams of THC per package.

Cannabidiol-Repealed.

CBD-Repealed.

Certificate of Analysis-a document produced by an approved laboratory attesting to the composition of a product.

Certificate of Consumable Hemp Product Registration (FD-8a)-certificate issued by the department attesting that consumable hemp products produced or distributed by the holder's company have been registered as required.

Certificate of IHDCP Registration (FD-8a)-Repealed.

Cosmetic- includes all substances and preparations intended for cleaning, altering the appearance of or promoting the attractiveness of a person. The term includes soaps only when medicinal or curative qualities are claimed by the use, thereof.

Consumable Hemp Product-any product derived from industrial hemp that contains any naturally-occurring cannabinoid, including cannabidiol, and in intended for consumption or topical use. This special class of products includes, but is not limited to, the following: food, animal foods or feed, hemp flower, and pet products. No consumable hemp product may contain a total THC concentration in excess of one percent on a dry-weight basis.

Consumable Hemp Products Database-repository of information on products and firms that are registered with the Food and Drug/Milk and Dairy Unit of LDH/OPH that fall into the category of consumable hemp products.

Department-for the purposes of this Chapter, the Food and Drug/Milk and Dairy Unit of the Office of Public Health, Louisiana Department of Health.

Device-includes all devices intended for use in diagnosis, treatment, cure or prevention of disease in man or beast or intended to affect the structure of any function of the body.

Dietary Supplement-a product other than tobacco intended to supplement the diet that is not represented for use as a conventional food, that is not a drug, and that is labeled as a dietary supplement and bears or contains one or more of the following dietary ingredients or a concentrate, metabolite, constituent, extract, or combination thereof: a vitamin, a mineral, a botanical, an amino acid, or a dietary substance for use by man to supplement the diet by increasing the total dietary intake.

Drug-includes all substances and preparations recognized in the official compendium as defined in the State Food, Drug and Cosmetic Law. It includes all substances and preparations intended for use in the diagnosis, treatment, cure or prevention of disease in man or beast, and all substances and preparations other than food and cosmetics, intended to affect the structure or any function of the body.

E-Cigarette-a battery-operated device that is typically designed to resemble a traditional cigarette and is used to inhale a (usually nicotine-containing) vapor atomized by the device's heating element.

Examination and Investigation Fee-as required by R.S. 40:628, shall be referred to as registration fee.

Food-includes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum or condiment for man or beast.

Federally Defined THC Level for Hemp-the greater of the following:

a. A delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
b. The THC concentration for hemp defined in 7 U.S.C. 1639o.

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 THC concentration of not more than 0.3 percent on a dry weight basis.

Industrial Hemp-Derived Cannabidiol Products (IHDCP)- any industrial-hemp derived product that contains CBD intended for consumption or topical use.

Industrial Hemp-Derived Cannabidiol Products (IHDCP)-any product intended for human use and containing cannabidiol that was made from industrial hemp.

Industrial Hemp-Derived Cannabidiol Products Database-repository of information on products and firms that are registered with the department that fall into the category of industrial hemp-derived cannabidiol products.

Wood-includes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum or condiment for man or beast.

Label-the principal display or display of written, printed or graphic matter upon any food, drug, cosmetic or device or the immediate container, thereof, or upon the outside container or wrapper, if any, of the retail package of any food, drug, cosmetic or device.

Labeling-includes all labels and other written, printed and graphic matter in any form whatsoever accompanying any food, drug, cosmetic or device.

Medical Opinion-the opinion, within their respective fields, of the practitioners of any branch of the medical profession, the practice of which is licensed by law in this State.

Package-container or wrapping in which any consumer commodity is enclosed for the purposes of display or delivery to retail purchasers.

Patent or Proprietary Medicine-any drug or drug product covered by a patent from the U.S. Patent Office in Washington, D.C. and/or products sold under proprietary marks or trademarks with a distinctive device or brand to designate the source of origin.

QR Code-quick response code, a type of machine-readable, two-dimensional barcode that stores information about a product.

Registration Fee-examination and investigation fee.

Safe- that a product under the conditions of its intended use is not dangerous to the health of man or animal.

Scientific Opinion-the opinion, within their respective fields, of competent pharmacologists, physiologists or toxicologists [R.S. 40:602(12)].

Serving-total quantity of discrete units or of liquid in a package a processor recommends for consumption at one time.

THC-a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

Vape Cartridge-the part of a vape pen containing the liquid to be inhaled by the user.

Vape Pen-a type of e-cigarette.

La. Admin. Code tit. 49, § I-501

Adopted by the Department of Health and Human Resources, Office of Preventive and Public Health Services, September 1968, Amended by the Department of Health, Office of Public Health, LR 46358 (3/1/2020), Amended by the Department of Health, Office of Public Health, LR 47479 (4/1/2021), Amended LR 481290 (5/1/2022), Repromulgated LR 481583 (6/1/2022), Amended LR 482982 (12/1/2022), Amended LR 49(EMERGENCY), Amended by the Department of Health, Office of Public Health, LR 491940 (11/1/2023).
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1483(L), R.S. 40:4(A)(13), R.S. 40:5(A)(8)(17) and R.S. 40:604.