Current through Register Vol. XLI, No. 15, April 12, 2024
Section 61-30-2 - Definitions2.1. "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the Cannabis sativa L plant.2.2. "Cannabinoid" or "Phytocannabinoid" means any of the various naturally occurring, biologically active chemical constituents (such as cannabidiol or cannabinol) of hemp or cannabis, including those (such as THC) that possess psychoactive properties.2.3. "Commercial sales" means the sale of products in the stream of commerce direct to the endpoint consumer.2.4. "Commissioner" means the Commissioner of Agriculture or his or her designee.2.5. "Consumable" means a hemp product intended for human and/or animal consumption.2.6. "Crop" means hemp grown under a single registration.2.7. "Department" means the West Virginia Department of Agriculture and its employees.2.8. "Distributor" or "Seller" means any person who sells, exposes for sale, offers for sale, exchanges, barters, gives, parcels out, allots shares, or dispenses a hemp product.2.9. "Grower" means a person, joint venture, cooperative, or any entity that produces hemp. 2.10. "Fiber product" or "hemp fiber product" means a hemp product that is manufactured with suitable fiber for textiles, rope, paper, hempcrete, building,, or fiber materials.2.11. "Handling" means processing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. "Handling" also includes processing or storing hemp plants in a vehicle for any period of time other than during its actual transport from the premises of one licensed person to cultivate or process hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products.2.12. "Hemp" means all parts and varieties of the plant 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 with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater.2.13. "Hemp product" or "Hemp commodity" means any product derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale. This includes, but is not limited to:2.13.a. Hemp seed derivatives;2.13.b. Hemp concentrates or extracts;2.13.c. Hemp edibles and drinks;2.13.e. Hemp topicals and lotions;2.13.f. Hemp transdermal patches;2.13.g. Hemp fiber/fiber products;2.13.h. Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption;2.13.i Hemp seed pressed or otherwise processed into oil;2.13.k. Hemp vaping products;2.13.l. Smokable hemp products that are properly packaged, labeled, and sealed in a manner approved by the Commissioner; and2.13.m. Pet treats or by-products used in animal feed;2.13.n. The term "hemp product" or "hemp commodity" does not include:2.13.n.1. Hemp that has not been processed in any form;2.13.n.2. Hemp that has been minimally processed, for purposes of transfer or storage, including chopping, separating, or drying; and2.13.n.3. Agricultural hemp seed.2.14. "Informational panel" means any part of the label that is not the primary label.2.15. "Intended for human consumption" means to ingest, inhale, or topically apply to the skin or hair.2.16. "Licensee" means an person or business entity possessing a license issued by the Department to grow, handle, cultivate, or process hemp.2.17. "Lot" means any amount of hemp product of the same type and processed at the same time using the same ingredients, standard operating procedures, and batches.2.18. "Manufacturer" or "processor" means a person or entity who is processing, compounding, or converting raw hemp into a hemp commodity or product.2.19. "Non-detectable" means that the amount of a tested ingredient is at or below 10 parts per million.2.20. "Primary label" means the part of the label to be prominently displayed to the consumer at retail.2.21. "Processing" means converting agricultural commodity into marketable form.2.22. "Registrant" means a person or entity that has registered hemp products with the Department.2.23. "THC" means tetrahydrocannabinol and is used interchangeably with "Total THC". "Total THC" means the quantifiable amount of delta-nine THC plus 0.877% of the amount of tetrahydrocannabinolic acid in a product.2.24. "THC-free" or "Non-THC" means a hemp product that contains a non-detectable or non-quantifiable amount per serving of tetrahydrocannabinol.2.25. "White label" means a manufactured hemp product that is manufactured or produced by one person or entity but sold by another person or entity under their own label.