8 Colo. Code Regs. § 1203-23, pt. 1

Current through Register Vol. 48, No. 1, January 10, 2025

Part 1 - DEFINITIONS

1.1 "Act" means the Industrial Hemp Regulatory Program Act, Title 35, Article 61, C.R.S.

1.2 Approved Laboratories" means a laboratory certified by the Colorado Department of Public Health and Environment (CDPHE) that meets all standards of performance, personnel qualifications, operating procedures, analytical processes, proficiency testing, quality assurance, ISO accreditation and any other standard required by the Commissioner to meet State and Federal requirements for testing hemp.

1.3 "Biomass" means the material created once all flowers, buds, trichomes, leaves, stalks, seed, and plant parts from a lot are chopped or shredded in such a way as to create a homogenous, uniform blend of the lot from which the material originated.

1.4 "Certified Clones" are asexually propagated progeny identical to the stock plant and certified by the Association of Official Seed Certifying Agencies (AOSCA).

1.5 "Commercial" means the growth of Hemp, for any purpose including engaging in commerce, market development and market research, by any person or legal entity other than an institution of higher education under the pilot program administered by the Department for purposes of agricultural or academic research in the development of growing Hemp.

1.6 "Commissioner" means the Commissioner of Agriculture.

1.7 "Corrective Action Plan" means a plan proposed by a licensed hemp producer and approved by the Department to correct a negligent violation.

1.8 "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or recklessly.

1.9 "Department" means the Colorado Department of Agriculture.

1.10 "Harvest" means the termination of the cultivation process, the movement of Hemp from a Registered Land Area to another location, or the movement of Hemp within a Registered Land Area between indoor and outdoor planting areas. Harvest does not include removal of plants as a result of poor plant health, pests, disease, or weather events, nor does it include removal of male or hermaphrodite plants as part of a cross-pollination prevention plan.

1.11 "Hemp" means a plant of the genus Cannabis Sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, containing a total delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent on a dry-weight basis.

1.12 "Hemp Greens" are the hemp leaves from immature plants that have been germinated from seed with the plants being no more than ten (10) inches tall, and not flowering at the time of removal of the leaves from the plant.

1.13 "Hemp Microgreens" means immature hemp seedlings for human consumption that are cut-off above the soil or substrate line, harvested prior to flowering and harvested not more than 14 days after germination. Hemp microgreens are typically between two (2) and three (3) inches in height, but not taller than five (5) inches.

1.14 "Hemp Mother Plants" are immature hemp plants with a THC concentration of 0.3% or less that are used for cloning purposes.

1.15 "Hemp Transplants" are hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, that are harvested but transplanted into a larger container or field to mature for harvest.

1.16 "Immature Plant" means a hemp plant that is not flowering.

1.17 "Industrial use" means non-consumable use of hemp.

1.18 "Law Enforcement" means the activities of the federal, state and local law enforcement agencies responsible for maintaining public order and enforcing the law.

1.19 "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout the area.

1.20 "Negligence" means the failure to exercise the level of care that a reasonably prudent person would exercise in complying with the regulations set forth in the Industrial Hemp Regulatory Program Act, section 35-61-101, et seq., or the rules adopted pursuant thereto.

1.21 "Non-compliant hemp" means hemp that test results of which return with a Total THC level above the acceptable Total THC level.

1.22 "Performance-based sampling" means an alternative method and frequency of testing that will ensure, at a confidence level of 95 percent that the hemp plants tested with the alternative method will not test above the acceptable Hemp THC level.

1.23 "Planting" means the starting of the cultivation process including by planting seed, sticking cuttings, tissue culture, the transfer of plants moved into a Registered Land Area except for replanting into a larger container within the same Registered Land Area, and the emergence of volunteer plants that the Registrant intends to cultivate and not destroy.

1.24 "Registrant" means any individual or legal entity who holds a valid Registration to cultivate Hemp under these Rules and the Industrial Hemp Regulatory Program Act.

1.25 "Registration" means authorization by the Commissioner for any individual or legal entity to grow Hemp on a Registered Land Area.

1.26 "Registered Land Area" means a contiguous land area registered with the Department on which a Registrant plans to cultivate Hemp. A Registered Land Area may include land and buildings that are not used for cultivation.

1.27 "Remediation" means the process of rendering non-compliant hemp compliant. Remediation can occur by removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds. Remediation can also occur by shredding the entire plant into a biomass-like material.

1.28 "Research and Development ('R&D')" means cultivation of Hemp by an institution of higher education or other entity approved by the Department for purposes of agricultural or academic research in the development of growing Hemp.

1.29 "Variety" means a group of plants or an individual plant that exhibits distinctive observable physical characteristic(s) or has a distinct genetic composition.

1.30 "Volunteer plant" means a hemp plant that grows without any intentional cultivation or planting of hemp on the land where the volunteer plant emerges.

8 CCR 1203-23, pt. 1

40 CR 05, March 10, 2017, effective 3/30/2017

41 CR 06, March 25, 2018, effective 4/15/2018

44 CR 13, July 10, 2021, effective 7/30/2021

44 CR 23, December 10, 2021, effective 12/31/2021