RELATES TO: KRS Chapter 13B, 217.015, 217.025, 217.035,
217.037, 217.039, 260.850, 438.305(4),
2023 Ky Acts ch. 78
Section 1. Definitions.
(1) "Adult-use cannabinoid" means a product
with intoxicating properties that changes the function of the nervous system
and results in alterations of perception, cognition, or behavior.
(2) "Approved source" means:
(a) A Kentucky hemp grower or handler
licensed by the Kentucky Department of Agriculture, or an out-of-state hemp
grower or handler who is duly authorized to produce hemp under the laws of the
applicable jurisdiction;
(b) A hemp
product manufacturer or processor permitted by the Kentucky Department for
Public Health; or
(c) A
manufacturer or processor permitted by another state regulatory authority for
hemp-derived cannabinoid products if that state has been approved by the
department as having equivalent state standards for processing, laboratory
testing, and labeling requirements.
(3) "Cabinet" is defined by
KRS 217.015(3).
(4) "Cannabidiol" or "CBD" is defined by
KRS 217.039(1)(a).
(5) "Cannabinoid" means a compound found in
the hemp plant Cannabis sativa L from a United States Department of Agriculture
sanctioned domestic hemp production program and does not include cannabinoids
derived from any other substance.
(6) "Cannabinoid product class" means a group
of cannabinoid products that:
(a) Have all
ingredients in common; and
(b) Are
produced by or for the same company.
(7) "Cartoon" means any drawing or other
depiction of an object, person, animal, creature, or any similar caricature
that satisfies any of the following criteria:
(a) The use of comically exaggerated
features;
(b) The attribution of
human characteristics to animals, plants or other objects, or the similar use
of anthropomorphic technique; or
(c) The attribution of unnatural or
extra-human abilities, such as imperviousness to pain or injury, X-ray vision,
tunneling at very high speeds, or transformation.
(8) ''Child-resistant'' means packaging that
is:
(a) Designed or constructed to be
significantly difficult for children under five (5) years of age to open and
not difficult for adults to use properly; and
(b) Resealable to maintain this effectiveness
for children through multiple openings for any product intended for more than a
single use or containing multiple servings.
(9) "Cosmetic" is defined by
KRS 217.015(7).
(10) "Direct supervision" means the
continuous, on-site observation of an employee with the supervisor physically
present.
(11) "Food service
establishment" is defined by
KRS 217.015(21).
(12) "Hemp" is defined by
KRS 260.850(5).
(13) "Hemp-derived cannabinoid" means an
ingestible, inhalable, or cosmetic product that is processed or derived from
hemp.
(14) "Home-based processor"
is defined by KRS 217.015(56).
(15) "Hydrogenation" means the chemical
reaction between molecular hydrogen (H2) and another
compound or element.
(16) "Imminent
health hazard" is defined by
KRS 217.015(24).
(17) "Infused" means adding a cannabinoid
ingredient to an ingestible cannabinoid product.
(18) "Non-intoxicating cannabinoid" means a
product with non-psychoactive properties that does not change the function of
the nervous system and does not result in alteration of perception, cognition,
or behavior.
(19) "Person" is
defined by KRS 217.015(32).
(20) "Proof of age" is defined by
KRS 438.305(4).
(21) "Revocation" means the permit to operate
is cancelled by the department.
(22) "Serious adverse event" means a medical
occurrence associated with the use of a cannabinoid product that results in:
(a) Death;
(b) A life-threatening event;
(c) Inpatient hospitalization, or
prolongation of an existing hospitalization;
(d) A persistent or significant incapacity,
or substantial disruption in the ability to conduct normal life functions;
or
(e) A congenital anomaly or
birth defect.
(23)
"Tentatively identified compounds" or "TIC" means compounds detected in a
sample that are not among the target analytes.