Section R68-28-2 - Definitions(1) "Advertised Cannabinoid" means a cannabinoid listed on the product face.(2) "Appealing to children" means: (a) has a likeness bearing resemblance to a cartoon character or fictional character; or(b) appears to imitate a food or other product that is typically marketed toward or is appealing to children.(3) "Applicant" means any person or business entity who applies for a cannabis processing facility license.(4)(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.(5) "Batch" means a quantity of: (a) cannabis extract produced on a particular date and time, following clean up until the next clean up during which 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 extract is used; or(c) cannabis flower packaged on a particular date and time, following clean up until the next clean up during which lots of cannabis are being used.(6) "Brand name" means a type of product manufactured by a particular company under a particular name. "Brand name" does not mean strains or flavors.(7) "Board" means the Cannabis Production Establishment Licensing Advisory Board, created in Section 4-41a-201.1.(8) "Cannabinoid isolate" means the same as the term is defined in Subsection R68-29-2(11).(9)(a) "Cannabis" means any part of a marijuana plant.(b) "Cannabis" does not mean, for the purposes of this rule, industrial hemp.(10) "Cannabis concentrate" means the product of any chemical or physical process applied to cannabis biomass that concentrates or isolates the cannabinoids contained in the biomass.(11) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product.(12) "Cannabis cultivation facility" means a person that:(b) grows or intends to grow cannabis; and(c) sells or intends to sell cannabis to a cannabis cultivation facility or to a cannabis processing facility.(13) "Cannabis derivative product" means a product made using cannabis concentrate.(14) "Cannabis fact panel" means a part of the label that contains the information described in Subsections R68-28-13(6) and R68-28-13(7).(15) "Cannabis plant product" means any portion of a cannabis plant intended to be sold by a medical cannabis pharmacy in a form that is recognizable as a portion of a cannabis plant.(16) "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 a cannabis concentrate; and(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy.(17) "Cannabis processing facility agent" means an individual who holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation.(18) "Cannabis production establishment agent registration card" means a registration card that the department issues that: (a) authorizes an individual to act as a cannabis production establishment agent; and(b) designates the type of cannabis production establishment for which an individual may act as an agent.(19) "COA" means Certificate of Analysis from an independent cannabis testing laboratory.(20) "Complaint" means any negative feedback received from a medical cannabis patient or medical cannabis or industrial hemp licensee.(21) "Department" means the Utah Department of Agriculture and Food.(22) "Directions for use" means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines, and may include: (d) dietary restrictions.(23) "Label" means a written, printed, or graphic display on the immediate container of a product.(24) "Labeling" means a label and other written, printed, or graphic display: (a) on the product or the product's container or wrapper; or(b) accompanying the product.(25) "Logo" means symbols, stylized text, or both that represent a company through a visual image that can be easily understood and recognized.(26) "Lot" means the quantity of: (a) flower 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.(27) "Product face" means the part of a label that is on the outer packaging and most likely to be displayed, presented, or shown under customary conditions of display for retail sale.(28) "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).Utah Admin. Code R68-28-2
Adopted by Utah State Bulletin Number 2019-16, effective 7/22/2019Amended by Utah State Bulletin Number 2020-16, effective 8/10/2020Amended by Utah State Bulletin Number 2021-16, effective 8/9/2021Amended by Utah State Bulletin Number 2022-05, effective 2/23/2022Amended by Utah State Bulletin Number 2022-21, effective 10/24/2022Amended by Utah State Bulletin Number 2023-13, effective 6/22/2023Amended by Utah State Bulletin Number 2023-23, effective 10/30/2023