Current through Bulletin 2024-06, March 15, 2024
(1) "Adulterant"
means any poisonous or deleterious substance in a quantity that may be
injurious to health, including:
(a)
pesticides;
(b) heavy
metals;
(c) solvents;
(d) microbial life;
(e) toxins; or
(f) foreign matter; or
(g) artificially derived
cannabinoids.
(2)
"Analyte" means a substance or chemical component that is undergoing
analysis.
(3)
(a) "Artificially derived cannabinoid" means
a chemical substance that is created by a chemical reaction that changes the
molecular structure of any chemical substance derived from the cannabis
plant.
(b) "Artificially derived
cannabinoid" does not include:
(i) a naturally
occurring chemical substance that is separated from the cannabis plant by a
chemical or mechanical extraction process; or
(ii) a cannabinoid that is produced by
decarboxylation from a naturally occurring cannabinoid acid without the use of
a chemical catalyst.
(4) "Batch" means a quantity of:
(a) cannabis concentrate produced on a
particular date and time, following clean up until the next clean up during
which the same lots of cannabis are used;
(b) cannabis product produced on a particular
date and time, following clean up until the next clean up during which cannabis
concentrate is used; or
(c)
cannabis flower from a single strain and growing cycle packaged on a particular
date and time, following clean up until the next clean up during which lots of
cannabis are being used.
(5) "Cannabinoid" means any:
(a) naturally occurring derivative of
cannabigerolic acid (CAS
25555-57-1); or
(b) any chemical compound that is both
structurally and chemically similar to a derivative of cannabigerolic
acid.
(6) "Cannabis"
means any part of the marijuana plant.
(7) "Cannabinoid concentrate" means:
(a) the product of any chemical or physical
process applied to naturally occurring biomass that concentrates or isolates
the cannabinoids contained in the biomass; or
(b) any amount of a natural or artificially
derived cannabinoid.
(8)
"Cannabis cultivation facility" means a person that:
(a) possesses cannabis;
(b) grows or intends to grow cannabis;
and
(c) sells or intends to sell
cannabis to a cannabis cultivation facility or a cannabis processing
facility.
(9) "Cannabis
cultivation byproduct" means any portion of a cannabis plant that is not
intended to be sold as a cannabis plant product.
(10) "Cannabis derivative product" means a
cannabis product made using cannabis concentrate.
(11) "Cannabinoid isolate" means a
concentrated form of cannabinoid with less than a 0.3% combined concentration
of THC or any THC analog that is intended for use as an ingredient in a
cannabinoid product but is not grown by a Utah licensed cannabis cultivation
facility.
(12) "Cannabis plant
product" means any portion of a cannabis plant intended to be sold in a form
that is recognizable as a portion of a cannabis plant.
(13) "Cannabis processing facility" means a
person that:
(a) acquires or intends to
acquire cannabis from a cannabis production establishment;
(b) possesses cannabis with the intent to
manufacture a cannabis product;
(c)
manufactures or intends to manufacture a cannabis product from unprocessed
cannabis or cannabis concentrate; and
(d) sells or intends to sell a cannabis
product to a medical cannabis pharmacy.
(14) "Cannabis product" means a product that:
(a) is intended for human use; and
(b) contains cannabis or delta
9-tetrahydrocannabinol.
(15) "CBD" means cannabidiol (CAS
13956-29-1).
(16) "CBDA" means cannabidiolic acid, (CAS
1244-58-2).
(17) "Certificate of analysis" (COA) means a
document produced by a testing laboratory listing the quantities of the various
analytes for the performed testing.
(18) "Delta-9-tetrahydrocannabinol" or
"delta-9-THC" means the cannabinoid identified as CAS #1972-08-03, the primary
psychotropic cannabinoid in cannabis.
(19) "Department" means the Utah Department
of Agriculture and Food.
(20)
"Final product" means a reasonably homogenous cannabis product in its final
packaged form created using the same standard operating procedures and the same
formulation.
(21) "Foreign matter"
means:
(a) any matter that is present in a
cannabis lot that is not a part of the cannabis plant; or
(b) any matter that is present in a cannabis
or cannabinoid product that is not listed as an ingredient, including
seeds.
(22) "Industrial
hemp" means a cannabis plant that contains less than 0.3% total THC by dry
weight.
(23) "Lot" means the
quantity of:
(a) flower from a single strain
of cannabis and growing cycle produced on a particular date and time, following
clean up until the next clean up during which the same materials are used;
or
(b) trim, leaves, or other plant
matter from cannabis plants produced on a particular date and time, following
clean up until the next clean up.
(24) "Pest" means:
(a) any insect, rodent, nematode, fungus,
weed; or
(b) any other form of
terrestrial or aquatic plant or animal life, virus, bacteria, or other
microorganisms that are injurious to health or to the environment or that the
department declares to be a pest.
(25) "Pesticide" means any:
(a) substance or mixture of substances,
including a living organism, that is intended to prevent, destroy, control,
repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus,
weed, or other forms of plant or animal life that are normally considered to be
a pest or that the commissioner declares to be a pest;
(b) any substance or mixture of substances
intended to be used as a plant regulator, defoliant, or desiccant;
and
(c) any spray adjuvant, such as
a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying
agent with deflocculating properties of its own, used with a pesticide to aid
in the application or effect of a pesticide.
(26) "Sampling technician" means a person
tasked with collecting a representative sample of a cannabis plant product,
cannabis concentrate, or cannabis product from a cannabis production
establishment who is:
(a) an employee of the
department;
(b) an employee of an
independent cannabis laboratory that is licensed by the department to perform
sampling; or
(c) a person
authorized by the department to perform sampling.
(27) "Standard operating procedure" (SOP)
means a document providing detailed instruction for the performance of a
task.
(28) "THC" means
delta-9-tetrahydrocannabinol (CAS
1972-08-3).
(29) "THCA" means
delta-9-tetrahydrocannabinolic acid (CAS
23978-85-0).
(30)
(a)
"THC analog" means the same as the term is defined in Subsection
4-41-102(23).
(31) "Total CBD" means the sum of
the determined amounts of CBD and CBDA.
(32) "Total THC" means the sum of the
determined amounts of delta-9-THC and delta-9-THCA, according to the formula:
Total THC = delta-9-THC + (delta-9-THCA x 0.877).
(33) "Unit" means each individual portion of
an individually packaged product.
(34) "Unknown Cannabinoid" means any
component of a cannabis plant product, cannabis concentrate, or cannabis
product that a laboratory determines is likely to be a cannabinoid by
comparison of physical properties, including molecular weight, retention time,
and absorption spectra but is not included in Table 2 or Table 3.
(35) "Water activity" is a dimensionless
measure of the water present in a substance that is available to
microorganisms; calculated as the partial vapor pressure of water in the
substance divided by the standard state partial vapor pressure of pure water at
the same temperature.
