Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 70 - Plant Industries
Chapter 17 - Industrial Hemp
Section 2 CSR 70-17.010 - Definitions

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This rule lists definitions for Chapter 17. The terms defined in sections 195.010 and 195.740, RSMo, in addition to other relative terms pertaining to the industrial hemp program will be applied for use in 2 CSR 70-17.010 to 2 CSR 70-17.130

(1) Acceptable industrial hemp THC level (acceptable THC level)- when the application of the measurement of uncertainty to the reported delta-9 THC (also referred to as 'Total THC' or 'Total Potential THC') content concentration level on a dry weight basis produces a distribution range that includes three-tenths of one percent (0.3%) or less.

(2) Agent-any family member, employee, contracted employee, or farmhand of a registered producer or permit holder.

(3) Agricultural hemp propagule (propagule)-as defined in subdivision 1 of section 195.740, RSMo.

(4) Agricultural hemp propagule and seed permit (permit)-permit issued by the Missouri Department of Agriculture to persons authorized to sell, distribute, or offer for sale any viable industrial hemp propagules or viable seeds.

(5) Agricultural hemp seed (seed)-as defined in subdivision 2 of section 195.740, RSMo.

(6) Applicant-a natural person authorized to sign for a person, who submits an application for a producer registration or an agricultural hemp propagule and seed permit so that they may produce, sell, distribute, or offer for sale any viable industrial hemp.

(7) Certificate of analysis-a certificate from a testing laboratory describing the results of the laboratory's testing of a sample. Any certificate of analysis that does not include a measurement of uncertainty, the measurement of uncertainty is deemed zero percent (0.00%).

(8) Certified industrial hemp sampler (certified sampler)-a natural person that meets the requirements established by the department for conducting [field] compliance sampling of industrial hemp.

(9) Delta-9 tetrahydrocannabinol (THC)-delta-9 tetrahydrocannabinol measured using postdecarboxylation or other similarly reliable methods approved by the United States Department of Agriculture (USDA).

(10) Department-the Missouri Department of Agriculture.

(11) Destruction (disposal)-rendered unusable by burning, incorporating with other materials, or other manner approved by the department.

(12) Farm Service Agency (FSA)-an agency of the USDA

(13) Harvest-the termination of the cultivation of viable industrial hemp, or the collection of viable seed.

(14) Indoor cultivation facility-any greenhouse or enclosed building or structure capable of continuous cultivation throughout the year that is not a residential building, a vehicle, or designed for use as a dwelling.

(15) Industrial hemp-as defined in subdivision 24 of section 195.010, RSMo.

(16) Key participant-a sole proprietor, a partner in partnership, or a person with executive managerial control in a corporation. A person with executive managerial control such as a chief executive officer, chief operating officer, or chief financial officer. This definition does not include non-executive managers such as farm, field, or shift managers.

(17) Lota group of plants of the same cannabis variety or strain in a contiguous area in a field, greenhouse, or indoor cultivation facility.

(18) Measurement of Uncertainty (MU)-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.

(19) Parcel-land with a separate legal description on which an applicant, registered producer, or permit holder plans to or produces, sells, distributes, or offers for sale any viable industrial hemp.

(20) Permit holder-any person who holds a valid Agricultural Hemp Propagule and Seed Permit.

(21) Person-includes, but is not limited to, a natural person, sole proprietorship, partnership, limited liability corporation, limited liability partnership, company, association, government agency, governmental subdivision, business, cooperative, joint venture, or non-profit organization.

(22) Producer registration (registration)-registration issued by the department to persons authorized to produce viable industrial hemp.

(23) Publicly marketable product-any industrial hemp product that does not include any living hemp plants, viable seeds, viable roots, viable leaf materials, or viable floral materials, and contains no material with a delta-9 THC concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.

(24) Registered producer-any person who holds a valid producer registration for the production of industrial hemp.

(25) Remediation-the process of rendering non-compliant hemp compliant in accordance with the MDA Remediation Protocol.

(26) Testing laboratory-a laboratory-

(A) Is registered with the Drug Enforcement Agency (DEA) or other requirements established by the United States Department of Agriculture by December 31, 2022; and

(B) Is accredited [or has begun the process of accreditation] as a testing laboratory to International Organization for Standardization (ISO/IEC) 17025 by a third-party accrediting body such as the American Association for Laboratory Accreditation (A2LA), ANSI-ASQ National Accreditation Board (ANAB), or American Society of Crime Laboratory Directors (ASCLD).

(27) Viable industrial hemp-plant material capable of living or growing, including agricultural hemp seeds and agricultural hemp propagules.

Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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