La. Admin. Code tit. 7 § XIII-1303

Current through Register Vol. 50, No. 11, November 20, 2024
Section XIII-1303 - Definitions
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Certificate of Analysis-Repealed.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.

La. Admin. Code tit. 7, § XIII-1303

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission, LR 46170 (2/1/2020), Amended LR 47438 (4/1/2021), Amended LR 471833 (12/1/2021), Amended LR 481743 (7/1/2022), Repromulgated LR 482083 (8/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1462 and R.S. 3:1464.