RS 3:1462

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RS 3:1462

§1462. Definitions

As used in this Part, the following terms shall have the following meanings:

(1)"Applicant" means a natural person or any individual who applies on behalf of a partnership, corporation, cooperative association, limited liability company, joint stock association, sole proprietorship, joint venture, business association, professional corporation, or any other legal entity or organization through which business is conducted for a grower, processor, handler, or industrial hemp seed producer license.

(2)"Commission" means the Agricultural Chemistry and Seed Commission.

(3)"Commissioner" means the Louisiana commissioner of agriculture and forestry.

(4)"Cultivate" or "cultivating" means planting, growing, or harvesting industrial hemp.

(5)"Department" means the Louisiana Department of Agriculture and Forestry.

(6)"Designated responsible party" means a natural person designated by the applicant or licensee as responsible for facility operations of the applicant or licensee facility.

(7)"Grower" means any individual, partnership, corporation, cooperative association, or other business entity that is licensed by the department to cultivate industrial hemp.

(8)"Handle" or "handling" means any 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.

(e)Receiving industrial hemp material for testing.

(9)"Handler" means any individual, partnership, corporation, cooperative association, or other business entity that handles industrial hemp.

(10)"Industrial hemp" means the plant Cannabis sativa L. and any part of such 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.

(11)"Industrial hemp seed" means Cannabis sativa L. seed or other propagating stock which have been inspected and sampled during their period of growth and preparation for market by the commissioner, or by the inspection official of the state in which the seeds or propagating stock were grown, and which have been found to conform to the regulations issued by the commission pursuant to this Part.

(12)"Licensure" means any license that the department is authorized to issue to a grower, seed producer, processor, or handler of industrial hemp.

(13)"Performance-based sampling" means an alternative sampling method utilized by the department to ensure, at confidence level of 95%, that no more than one percent of the industrial hemp plants in each lot subject to the alternative sampling method will test above a total delta-9 THC concentration of 0.3 percent on a dry weight basis.

(14)"Process" means converting industrial hemp into a marketable form.

(15)(a) "Processor" means any individual, partnership, corporation, cooperative association, or other business entity that receives industrial hemp for processing into commodities or products.

(b)"Processor" shall not include a consumable hemp processor as defined in R.S. 3:1481.

(16)"Seed producer" means a person licensed by the department to obtain, produce, transport, and sell industrial hemp seed in the state.

(17)"State plan" means a plan required for approval by the United States Secretary of Agriculture to monitor and regulate the production of industrial hemp.

(18)"THC" means a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

(19)"Transport" or "transporting" means the movement of industrial hemp from the premises of a licensee to the premises of another licensee or from the premises of a licensee to the premises of a permit holder pursuant to R.S. 3:1483 by means of a vehicle.

Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.