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2 CAR § 31-101. Definitions
2 CAR § 31-101. Definitions.
(a) When used in this part:
(1) "Act” means Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq. [repealed];
(2) “Applicant" means a person, or a person who is authorized to sign for a business entity, who submits an application;
(3) "Approved cultivar" means any variety of industrial hemp designated by the State Plant Board in a published list and may be amended from time to time;
(4)(A) “Association of Official Seed Certifying Agencies (AOSCA)”, "AOSCA Certified seed", "AOSCA Registered seed", and "AOSCA Foundation seed" mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules of an AOSCA seed certifying agency or by the Organization for Economic Co-operation and Development (OECD) Seed Schemes.
(B) 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 ensure genetic identity and purity;
(5) ”Board” means the State Plant Board;
(6)(A) "Cannabis" means all parts of the cannabis plant, whether growing or not, including its:
(i) Seeds;
(ii) Resin;
(iii) Compounds;
(iv) Salts;
(v) Derivatives; and
(vi) Extracts.
(B) "Cannabis" does not include publicly marketable hemp products, as defined in this part;
(7) "CBD" means cannabidiol;
(8) "DEA" means the Drug Enforcement Administration;
(9) "Delta-9-THC" means delta-9-tetrahydrocannabinol concentration, the primary intoxicating component of cannabis;
(10) “Department” means the Department of Agriculture;
(11) "GPS" means Global Positioning System;
(12) "Grower Licensing Agreement" means a document executed by a person and the Department of Agriculture authorizing the person to grow, handle, and store hemp at one (1) or more specified locations in Arkansas under the terms set forth in the document, the Arkansas Industrial Hemp Act, Arkansas Code §§ 2-15-401 – 2-15-412 [repealed], and this part;
(13)(A) "Handling" means possessing or storing industrial hemp for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process industrial hemp.
(B) "Handling" also includes possessing or storing industrial hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person;
(14)(A) "Industrial hemp" shall be used interchangeably with “hemp” and have the same meaning.
(B) "Hemp" means 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 delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, as defined in the Agriculture Improvement Act of 2018, 21 U.S.C. § 801 et seq., as it currently exists or as it may be subsequently amended;
(15) "Industrial hemp products" or "hemp products" means products derived from, or made by, processing industrial hemp plants or plant parts, including without limitation:
(A) Certified seed for cultivation if the seeds originate from industrial hemp varieties;
(B) Cloth;
(C) Cordage;
(D) Fiber;
(E) Food;
(F) Fuel;
(G) Paint;
(H) Paper;
(I) Particleboard;
(J) Plastics; and
(K) Seed, seed meal, and seed oil for consumption;
(16) "Law enforcement agency” means:
(A) The Division of Arkansas State Police;
(B) The Drug Enforcement Administration; or
(C) Other federal, state, or local law enforcement agency or drug suppression unit;
(17) "Licensed grower" means an individual or business entity possessing a license issued by the Department of Agriculture under the authority of this part to grow, handle, cultivate, process, or market industrial hemp or industrial hemp products;
(18) "Licensed processor" means a person in the state authorized by the Department of Agriculture to process, handle, store, and market industrial hemp under the terms set forth in a Processor Licensing Agreement, as set forth in the policies developed under this part;
(19) "Location ID" means the unique identifier established by the applicant for each unique set of GPS coordinates where industrial hemp will be grown, handled, stored, or processed, which may include a field name or building name;
(20)(A) "Marketing" means promoting or selling a product:
(i) Within Arkansas;
(ii) In another state; or
(iii) Outside of the United States.
(B) "Marketing" includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;
(21) "Nonviable seed" means a seed that has been crushed, dehulled, or otherwise rendered to have a zero percent (0%) germination rate;
(22) "Person" includes any:
(A) Individual;
(B) Partnership;
(C) Corporation;
(D) Company;
(E) Society; or
(F) Association;
(23) "Pesticide" means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest, intended to be used as a plant regulator, defoliant, or desiccant, or intended to be used as a spray adjuvant, once they have been mixed with an Environmental Protection Agency registered product;
(24)(A) "Phytocannabinoids" are cannabinoids that occur naturally in the cannabis plant.
(B) The classical cannabinoids are formed through decarboxylation of their respective 2-carboxylic acids (2-COOH), a process which is catalyzed by heat, light, or alkaline conditions;
(25) "Plot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout the area;
(26)(A) "Postharvest sample" means a sample taken from the harvested industrial hemp material from a particular plot’s harvest in accordance with the procedures as defined in the policies developed under this part.
(B) The entire plot’s harvest must be in the same form (intact-plant, flowers, ground materials, etc.), homogenous, and not mixed with non-hemp materials or industrial hemp materials from another plot;
(27) "ppm" means parts per million;
(28) "Preharvest sample" means a composite, representative portion from plants in an industrial hemp plot collected prior to harvest in accordance with the procedures as defined in the policies developed under this part;
(29) "Processing" means converting an agricultural commodity into a marketable form;
(30) "Processor Licensing Agreement" means a document executed by a person and the Department of Agriculture authorizing the person to process, handle, and store industrial hemp at one (1) or more specified locations in Arkansas under the terms set forth in the document, Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 – 2-15-412 [repealed], and this part;
(31) "Program" means the Arkansas Industrial Hemp Research Program as established by the Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq. [repealed], and this part;
(32) "Prohibited variety" means a variety or strain of cannabis excluded from the Department of Agriculture's Industrial Hemp Research Program;
(33) "Propagule" means a plant or plant part that can be utilized to grow a new plant;
(34) "Publicly marketable hemp product" means a hemp product that meets one (1) or more of the following descriptions:
(A) The product does not include any living hemp plants, viable seeds, leaf materials, floral materials, or decarboxylated delta-9-THC content above three-tenths of one percent (0.3%), and does include, without limitation, the following products: bare stalks, bast fiber, hurd fiber, nonviable roots, nonviable seeds, seed oils, and plant extracts, excluding products containing decarboxylated delta-9-THC above three-tenths of one percent (0.3%);
(B) The product is CBD that was derived from industrial hemp, as defined in this part; or
(C) The product is CBD that is approved as a prescription medication by the Food and Drug Administration;
(35)(A) "Secondary postharvest sample" means a postharvest sample that is taken in a given plot or processing, handling, or storage location after the first postharvest sample is taken.
(B) A secondary postharvest sample is taken on a different day than the initial postharvest sample;
(36)(A) "Secondary preharvest sample" means a preharvest sample that is taken in a given plot after the first preharvest sample is taken.
(B) A "secondary preharvest sample" is taken on a different day than the initial preharvest sample;
(37) "Seed source" means the origin of the seed or propagules as determined by the Department of Agriculture;
(38) “Signing authority” means an officer or agent of the organization with the written power to commit the legal entity to a binding agreement;
(39) “Street address” means any postal address used for official purposes, specifically closest to industrial hemp plots/fields/greenhouses, storage buildings, or processing operations, for means of identifying different locations under the same hemp license;
(40)(A) "Total THC" means the completion of the chemical reaction that converts THC-acid into delta-9-THC, the intoxicating component of cannabis.
(B) The decarboxylated value may also be calculated using a conversion formula that sums delta-9-THC and THC-acid;
(41) "University" means an accredited institution of higher education located in Arkansas;
(42)(A) "Variety" means 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.
(B)(i) A "variety" also is “uniform” and “stable” — “uniform” in the sense that variations in essential and distinctive characteristics are describable and "stable" in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties;
(43)(A) "Variety of concern" means any variety of hemp in the Industrial Hemp Research Program that tests above three-tenths of one percent (0.3%) total delta-9-THC in one (1) or more preharvest samples from diverse locations and production conditions.
(B) A hemp variety designated as a “variety of concern” may be subject to restrictions and additional testing.
(C) Materials testing at a total delta-9-THC concentration above three-tenths of one percent (0.3%) may be subject to law enforcement action; and
(44) "Volunteer hemp plant” means an industrial hemp plant that was not intentionally planted but results from a previous crop growing on its own accord from seeds or roots in the years following an intentionally planted industrial hemp crop.
(b) Definitions specific to industrial hemp seed production. Industrial hemp (Cannabis sativa L.) includes varieties of these kinds:
(1) "Dioecious type" means a type of industrial hemp that has male and female flowers on separate plants;
(2) "Industrial hemp seed production" means an industrial hemp seed production field established with an appropriate generation of AOSCA Certified seed intended to produce a subsequent generation of AOSCA Certified seed;
(3) “Licensed plant breeder” means an individual who has met the requirements:
(A) Listed in the Official Standards for Seed Certification in Arkansas, 2 CAR pt. 34; and
(B) Under Acts 1931, No. 73, Arkansas Code §§ 2-18-101 – 2-18-108;
(4) "Monoecious type" means a type of industrial hemp that has male and female flowers on the same plant;
(5) "Too male" means an intersexual plant that exceeds the ratio of male and female flowers as described in the variety description;
(6) "Unisexual female" means a monoecious type of industrial hemp plant that has sterile male and fertile female flowers; and
(7) "Unisexual female hybrid" means a hybrid where the A line is a unisexual female type and the B line produces male fertile flowers.
"THC" means tetrahydrocannabinol.