11 AAC 40.910 - Definitions

In this chapter,

(1) "Alaska Industrial Hemp Program" means the program operated by the division to study, promote, and regulate the growth, cultivation, or marketing of industrial hemp as permitted under AS 03.05.010 and 03.05.076;

(2) "applicant" means a person who submits an application to participate as a registrant in the Alaska Industrial Hemp Program;

(3) "batch" means

(A) a quantity of hemp or hemp parts from a harvest lot; or

(B) a quantity of hemp extract from a process lot;

(4) "business day" means a day other than Saturday, Sunday, or a state holiday;

(5) "business entity" means a not-for-profit or for-profit corporation, partnership, limited liability company, or other business association that is not a natural person;

(6) "calendar day" means a day, including Saturday, Sunday, or a state holiday;

(7) "cannabinoid" means any hemp-derived phytocannabinoid;

(8) "cannabis" means all parts of any cannabis species plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts;

(9) "CBD"

(A) means naturally occurring cannabidiol;

(B) does not include synthetic cannabidiol;

(10) "commissioner" means the commissioner of natural resources;

(11) "compensation" means money, bartered objects or services, or anything else of value, whether given as a payment or voluntarily as a donation, when accepted by a person who gives, distributes, or delivers industrial hemp to another;

(12) "consumer" has the meaning given in AS 45.50.561, but excludes registrants or persons who should be registered, but are not, in the Alaska Industrial Hemp Program;

(13) "consumption" means any method of ingestion of or application to the body, including eating, drinking, inhaling, absorbing, or injecting;

(14) "delta-9-THC" means delta-9-tetrahydrocannabinol concentration determined by a post-decarboxyiation chemical analysis;

(15) repealed 11/3/2023;

(16) "department" means the Department of Natural Resources;

(17) "destroy" means to make incapable of being

(A) harvested;

(B) processed; or

(C) offered, with or without compensation, to a consumer;

(18) "division" means the division of agriculture within the department;

(19) "extraction" means the act of using a solvent or mechanical means to process raw hemp plant parts by means of hydrocarbon, non-hydrocarbon, or mechanical extraction;

(20) "fibrous waste" means any roots, stalks, stems or flowers from hemp, not used or intended for use in making a product;

(21) "GPS" means global positioning system;

(22) "grow" means to plant, propagate, cultivate, or harvest industrial hemp;

(23) "grow area" means a contiguous area where industrial hemp is grown or is intended to be grown, that may consist of field, greenhouses, or other buildings, and that is described from a single GPS coordinate within the grow area;

(24) "grower registration" means a document authorizing the person to grow, handle, and store hemp at one or more specified locations in the state;

(25) "harvest" means to remove industrial hemp plants, plant parts, grain, or seeds from a grow area;

(26) "harvest lot"

(A) means a quantity of industrial hemp that is

(i) harvested in a distinct timeframe; and

(ii) grown in one contiguous production area within a grow area, or grown in one or more portions of one contiguous production area within a grow area;

(B) does not include a quantity of industrial hemp grown in noncontiguous production areas;

(27) "hemp seed" means cannabis seed

(A) that is sold to or intended to be sold to registered growers for planting; or

(B) that remains in unprocessed or partially processed condition that is capable of germination;

(28) "individual" means a natural person;

(29) "industrial hemp" or "hemp" has the meaning given in AS 03.05.100, whether the plant is growing or not;

(30) "industrial hemp product" or "hemp product" means an item in its final form derived from all parts and varieties of a Cannabis species plant;

(31) "isolation distance" has the meaning given in AS 03.05.010(a)(7)(D);

(32) "label" means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying an industrial hemp product;

(33) "landrace" means not systematically selected and marketed and not developed by plant breeders;

(34) "marketing" includes

(A) promoting or selling a product within the state, in another state, or outside of the United States; and

(B) efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;

(35) "peace officer" has the meaning given in AS 01.10.060;

(36) "person" has the meaning given in AS 01.10.060;

(37) "plant part" or "part" includes

(A) whole or partial unprocessed plants, including stalk, leaf, seed, floral, root materials, oils, resin, or wax;

(B) raw roots;

(C) fresh, unprocessed, dried, or ground leaves or floral material;

(D) rooted plants, cuttings, propagules, or clones; or

(E) any other portion of an industrial hemp plant;

(38) "ppm" means parts per million;

(39) "processing" means all means of converting, extracting, refining, altering, manufacturing, or turning industrial hemp into finished industrial hemp or an industrial hemp product ready for market;

(40) "process lot" means any amount of hemp, hemp concentrate, or extract of the same type that is processed at the same time using the same extraction methods, standard operating procedures, and batches from the same or a different harvest lot;

(41) "produce industrial hemp," as set out in AS 03.05.076(b)(1),

(A) includes growing, harvesting, possessing, transporting, processing, selling or buying industrial hemp or an industrial hemp product;

(B) does not include a consumer's provision of compensation to a registrant for industrial hemp or an industrial hemp product;

(42) "prohibited variety" means a variety or strain of cannabis excluded from the Alaska Industrial Hemp Program;

(43) "propagation" means the reproduction of hemp plants by seed, cutting, grafting, or in vitro;

(44) "propagule" means a plant or plant part that can be utilized to grow a new plant;

(45) "quarantine" means, at the election of the division, either

(A) keeping industrial hemp or an industrial hemp product segregated, but in place and in the custody of the registrant; or

(B) removing industrial hemp or an industrial hemp product to a location designated by the division and in the division's custody;

(46) "registered grower" means a person in the state authorized by the division to cultivate, plant, grow, handle, harvest, condition, store, distribute, or transport industrial hemp, plants, plant parts, grain, or seed in the state;

(47) "registered processor" means a person in the state authorized by the division to process, handle, store, or process industrial hemp plants, plant parts, or grain and take part in any aspect of turning raw, harvested industrial hemp into an industrial hemp product in the state;

(48) "registered retailer" means a person authorized by the division to receive compensation for, or offer for free, industrial hemp or an industrial hemp product after registration, and, if applicable, a product endorsement, to a consumer in the state;

(49) "registrant" means a person possessing one or more industrial hemp registrations issued by the division under the authority of this chapter, AS 03.05.010, and 03.05.076;

(50) "registration" means an instrument permitting an applicant to participate in the Alaska Industrial Hemp Program subject to its terms and the provisions of this chapter;

(51) "sample" means an amount of industrial hemp or industrial hemp product selected for testing;

(52) "seed" means an industrial hemp plant's unit of sexual reproduction intended to be planted for germination;

(53) "solvent" means a substance that is capable of dissolving or dispersing one or more other substances;

(54) "signing authority" means the permissibility for an adult individual or an officer or agent of a legal entity to validly enter a binding agreement;

(55) "test batch" means a group of samples submitted collectively for testing;

(56) "THC" means total composite tetrahydrocannabinol, including delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid;

(57) "variety" means a subdivision of a species that is

(A) uniform, in the sense that the variations in essential and distinctive characteristics are describable;

(B) stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and

(C) distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, other characteristics from all other publicly known varieties, or other characteristics from all other publicly known varieties;

(58) "wild" means growing in the natural environment, not domesticated or cultivated.

(59) "certificate of analysis" means a document produced by a testing laboratory listing the quantities of the various analytes for which testing was performed;

(60) "not more than 0.3 percent" means not more than 3,000 parts per million on a dry weight basis of raw industrial hemp;

(61) "ppb" means parts per billion.

Notes

11 AAC 40.910

Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Register 248, January 2024

Authority:AS 03.05.010

AS 03.05.030

AS 03.05.050

AS 03.05.076

AS 03.05.100