Current through Vol. 24-19, November 1, 2024
Section R. 420.301 - DefinitionsRule 1.
(1) As used in these rules:(a) "Action limit" means the maximum permissible level of a contaminant in marihuana product allowable by the agency.(b) "Acts" refers to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, when applicable.(c) "Agency" means the marijuana regulatory agency.(d) "Batch" means all marihuana product of the same variety that has been processed together and exposed to substantially similar conditions throughout processing.(e) "Cultivator" refers to a grower under the medical marihuana facilities licensing act or a marihuana grower under the Michigan Regulation and Taxation of Marihuana Act, or both.(f) "Employee" means, except as otherwise provided in these rules, a person performing work or service for compensation. "Employee" does not include an individual providing trade or professional services who is not normally engaged in the operation of a marihuana establishment.(g) "Final form" means the form a marihuana product is in when it is available for sale by a marihuana sales location not including consumer packaging. For marihuana products intended for inhalation, "final form" means the marihuana concentrate in an e-cigarette or a vaping device.(h) "Good agricultural collection practices" or "GACP-GMP" means the World Health Organization's or the American Herbal Products Association's guidelines regarding the safety, efficacy, and sustainability of medicinal plant material being used in herbal medicines.(i) "Good manufacturing practices" or "GMP" means the Food and Drug Administration's formal regulations regarding the design, monitoring, control, and maintenance of manufacturing processes and facilities. They are designed to ensure that products manufactured are to specific requirements including identity, strength, quality, and purity.(j) "Harvest batch" means a designated quantity of harvested marihuana, all of which is identical in strain and has been grown and harvested together and exposed to substantially similar conditions throughout cultivation.(k) "Immature plant" means a nonflowering marihuana plant that is no taller than 8 inches from the growing or cultivating medium and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing or cultivating medium or in a growing or cultivating container.(l) "Inactive ingredients" means binding materials, dyes, preservatives, flavoring agents, and any other ingredient that is not derived from the plant Cannabis sativa L .(m) "Laboratory" refers to both a safety compliance facility under the medical marihuana facilities licensing act and a marihuana safety compliance facility under the Michigan Regulation and Taxation of Marihuana Act.(n) "Limit of quantitation" or "LOQ" means the minimum concentration or mass of an analyte in a given matrix that can be reported as a quantitative result.(o) "Marihuana business" refers to a marihuana facility under the medical marihuana facilities licensing act or a marihuana establishment under the Michigan Regulation and Taxation of Marihuana Act, or both.(p) "Marihuana establishment" means a a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, marihuana designated consumption establishment, or any other type of marihuana-related business licensed by the agency under the Michigan Regulation and Taxation of Marihuana Act.(q) "Marihuana facility" means a location at which a licensee is licensed to operate under the medical marihuana facilities licensing act.(r) "Marihuana product" means marihuana or a marihuana-infused product, or both, as those terms are defined in the act unless otherwise provided for in these rules.(s) "Marihuana sales location" refers to a provisioning center under the medical marihuana facilities licensing act or a marihuana retailer under the Michigan Regulation and Taxation of Marihuana Act, or both.(t) "Marihuana tracking act" means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.(u) "Medical marihuana facilities licensing act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.(v) "Michigan Regulation and Taxation of Marihuana Act" or "MRTMA" means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.(w) "Package tag" means an RFID tag supplied through the statewide monitoring system for the purpose of identifying a package containing a marihuana product.(x) "Plant tag" means an RFID tag supplied through the statewide monitoring system for the purpose of identifying an individual marihuana plant.(y) "Pre-test" means to perform full compliance testing on samples, without reporting the results to the agency, and reporting results of subsequent testing to the agency.(z) "Proficiency test" means a test that determines the performance of individual laboratories for specific tests or measurements and is used to monitor laboratories' performance.(aa) "Producer" refers to both a processor under the medical marihuana facilities licensing act and a marihuana processor under the Michigan Regulation and Taxation of Marihuana Act.(bb) "Production batch" means a designated quantity of marihuana product, all of which was processed together, is homogeneous, identical in color, flavor, and other characteristics, and was processed under similar conditions throughout processing.(cc) "These rules" means the administrative rules promulgated by the agency under the authority of the medical marihuana facilities licensing act, the marihuana tracking act, the Michigan Regulation and Taxation of Marihuana Act, and Executive Reorganization Order No. 2019-2, MCL 333.27001.(dd) "Tag" or "RFID tag" means the unique identification number or Radio Frequency Identification (RFID) issued to a licensee by the statewide monitoring system for tracking, identifying, and verifying marihuana plants, marihuana products, and packages of marihuana product in the statewide monitoring system.(ee) "Target analyte" means a non-marihuana inactive ingredient designated for analysis.(2) Terms defined in the acts have the same meanings when used in these rules unless otherwise indicated.Mich. Admin. Code R. 420.301
2020 AACS; 2022 MR 5, Eff. 3/7/2022