| (34) "Harvest" means to cut, gather, take, or remove
all or part of the cannabis plants growing in a lot or lots, for the
purpose of disposal, cloning, distribution, processing, storage, sale,
or any other use. "Harvest" does not include transplants from one
lot to another lot if both lots are within the same license holder's
control, and the plants are transplanted according to the hemp program
rules and procedures.
(35) "Hemp" or "industrial hemp" as defined Tex. Agric.
Code §121.001 means the plant species 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 0.3 percent on a dry weight basis.
(36) "Hemp research license" means a license issued
to an institution of higher education to produce or handle hemp for
research purposes.
(37) "High-performance liquid chromatography or HPLC"
means a type of chromatography technique in analytical chemistry used
to separate, identify, and quantify each component in a mixture. HPLC
relies on pumps to pass a pressurized liquid solvent containing the
sample mixture through a column filled with a solid adsorbent material
to separate and analyze compounds.
(38) "Information sharing system" means the database
which allows the Department to share Texas hemp program information
with federal and state agencies.
(39) "Institution of higher education" has the meaning
assigned by Texas Education Code §61.003.
(40) "Key participants" means a sole proprietor, a
partner in a general partnership, a general partner in a limited partnership,
or a person with executive managerial control in an entity. A person
with executive managerial control includes persons such as a trustee,
independent or dependent executor or administrator of an estate, chief
executive officer, managing member, manager, president, vice president,
general partner, chief operating officer and chief financial officer,
or their equivalents. This definition does not include non-executive
employees such as farm, field, or shift managers that do not make
financial planning decisions and that do not vote or exercise control
of an entity.
(41) "Law enforcement agency" means any federal or
Texas law enforcement agency.
(42) "License" as defined by Tex. Agric. Code §122.001(6)
means a hemp producer, handler, or sampler license issued by the Department.
(43) "License holder" as defined by Tex. Agric. Code
§122.001(7) means an individual or business entity holding a
license.
(44) "License holder who transplants" means a license
holder who cultivates cannabis plants for the purpose of transplanting
all living parts of those same cannabis plants according to Department
rules and procedures.
(45) "Lot" means a contiguous area in a facility, field,
greenhouse, or indoor growing structure containing the same variety
or strain of cannabis throughout the area.
(46) "Lot permit" means a document issued by the Department
authorizing a license holder to produce or handle a hemp crop within
a lot.
(47) "Marijuana or marihuana" means all parts of the
plant Cannabis sativa L., whether growing or not, the seeds thereof,
the resin extracted from any part of such plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds or resin. The term "marihuana" does not include hemp and
does not include the mature stalks of such plant, fiber produced from
such stalks, oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
such mature stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such plant which is incapable
of germination. "Marihuana" means all cannabis that tests as having
a concentration level of THC on a dry weight basis of higher than
0.3 percent.
(48) "Measurement of Uncertainty (MU)" means 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.
(49) "Negligence" means failure to exercise the level
of care that a reasonably prudent person would exercise in complying
with the regulations set forth under this chapter.
(50) "Nonconsumable hemp product" as defined by Tex.
Agric. Code §122.001(8) means a product that contains hemp, other
than a consumable hemp product as defined by Tex. Health & Safety
Code §443.001. The term includes cloth, cordage, fiber, fuel,
paint, paper, particleboard, construction materials, and plastics
derived from hemp.
(51) "Person" means an individual or entity, unless
otherwise indicated.
(52) "Phytocannabinoid" means the Cannabinoid chemical
compounds found in the cannabis plant, two of which are Delta-9 tetrahydrocannabinol
(delta-9 THC) and cannabidiol (CBD).
(53) "Postdecarboxylation" means a value determined
after the process of decarboxylation that determines the total potential
delta-9 tetrahydrocannabinol content derived from the sum of the THC
and THC-A content and reported on a dry weight basis. The postdecarboxylation
value of THC can be calculated by using a chromatograph technique
using heat, and gas chromatography, through which THC-A is converted
from its acid form to its neutral form, THC. Thus, this test calculates
the total potential THC in a given sample. The postdecarboxylation
value of THC can also be calculated by using a high-performance liquid
chromatograph technique, which keeps the THC-A intact, and requires
a conversion calculation of that THC-A to calculate total potential
THC in a given sample. See the definition for decarboxylation.
(54) "Processing" means converting an agricultural
commodity into a marketable form.
(55) "Produce" means to cultivate hemp plants in Texas.
(56) "Producer" means a person who produces hemp. A
producer includes an owner, operator, landlord, tenant, or sharecropper,
who shares in the risk of producing a crop and who is entitled to
share in the crop available for marketing from the farm or facility,
or would have shared had the crop been produced. A producer includes
a grower of hybrid seed. A producer also means a person who stores
the hemp plants they produced within Department-registered locations.
(57) "Program or hemp program" means the process created
by the state of Texas and federal statutes and regulations to facilitate
the regulation and cultivation of hemp as a crop.
(58) "Reverse distributor" means a person who is registered
with the DEA in accordance with 21 C.F.R. §1317.15 to dispose
of marijuana.
(59) "Sample" means a composite, representative portion
from one variety of hemp plants in a hemp lot, collected prior to
harvest in accordance with Department guidelines and procedures.
(60) "Sample collection date" means the date a hemp
sample is collected by the Department or an authorized entity. To
determine the sample collection date, the Department may take into
consideration events of force majeure or unusual circumstances, including
situations beyond a reasonable person's control.
(61) "Sampler" means a person or entity authorized
by the Department to conduct the sampling and collection of hemp plants.
(62) "Signing authority" means an individual of a sole
proprietorship, or an officer or agent of an entity with written authorization
to commit the entity to a binding agreement or verify the contents
of a governmental document.
(63) "Specimen" means a cutting taken from a hemp plant
for the purposes of sample collection.
(64) "Storage" means any structure or container, whether
temporary or permanent in nature, in which the producer or handler
will store hemp. "Storage" does not include containers used to deliver
samples.
(65) "The Code" means the Texas Agriculture Code.
(66) "Transplant" means to move a fully germinated
seedling, mature plant, cutting, or clone from one lot and to replant
it in another permanent lot under the control of the same license
holder, for later harvest by the same license holder. "Transplant"
also means a plant, cutting, or clone that has been moved from its
initial lot of germination or cultivation for the purpose being transplanted.
(67) "Transport manifest" includes a shipping certificate,
cargo manifest or transport document developed by the Department or
a U.S authority, authorizing transport of a hemp product within the
State of Texas, any other state, the United States of America, or
its territories.
(68) "TPIA" means the Texas Public Information Act,
Texas Government Code, Chapter 52.
(69) "Unique ID" means the unique identifier established
by the Department's hemp program.
(70) "USDA" means the United States Department of Agriculture.
(71) "U.S. authority" means the United States of America,
USDA or a sub-agency thereof, a state, a US territory, or an Indian
Nation, or federal, state or local law enforcement agency.
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