Rules & Regulations of the State of Tennessee
Title 0080 - Department of Agriculture
Subtitle 0080-06 - Plant Certification
Chapter 0080-06-28 - HEMP
Section 0080-06-28-.02 - DEFINITIONS

Current through September 24, 2024

(1) Terms in this chapter share those meanings of terms in T.C.A. §§ 43-27-101 et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means T.C.A. §§ 43-27-101 et seq.;

(b) Cannabis plant means any plant or any part of a plant of the genera Cannabis and includes hemp;

(c) Culpable mental state greater than negligence means to act intentionally, knowingly, willfully, or recklessly;

(d) Disposal means an activity that transitions non-compliant hemp into a non-retrievable or non-ingestible form. Such activities include, but are not limited to plowing, tilling, or disking plant material into the soil; mulching, composting, chopping or bush mowing plant material into green manure; or burying plant material into the earth and covering with soil;

(e) Grow means to cultivate plants with attached roots;

(f) Growing area means any contiguous land area licensed for the growth of hemp. Bifurcation of a growing area by roads, fencing, or the like shall not render the area non-contiguous under this definition;

(g) Hemp producer means a person that produces hemp for harvest;

(h) Hemp broker means a person that purchases and sells hemp plants grown by others;

(i) Hemp propagator means a person that produces clones or seedlings for retail sale;

(j) Key participant means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation such as, a chief executive officer, chief operating officer, or chief financial officer;

(k) Lot means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis plant throughout the area;

(l) Move, distribute, transport, or similar words mean to relocate in any manner an item from one real property to another;

(m) Negligence means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the Act or this chapter;

(n) Person means an individual, partnership, corporation, or any other form of legal entity;

(o) Remediation means the process of rendering non-compliant cannabis, compliant by removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds. Remediation can occur by shredding the entire plant into a biomass like material, then re-testing the shredded biomass material for compliance;

(p) Sample means to take material, or the material taken from a location licensed by the department;

(q) Stop movement order means a written directive issued by the department to prohibit or limit the movement of plants or plant parts;

(r) THC means total delta-9 tetrahydrocannabinol; and,

(s) USDA means United States Department of Agriculture.

Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.

Disclaimer: These regulations may not be the most recent version. Tennessee 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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