Texas Register, Volume 45, Number 19, Pages 2927-3176, May 8, 2020 Page: 3,013
2929-3175 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
cannabinoids, isomers, acids, salts, and salts of isomers, whether grow-
ing or not, with a delta-9 tetrahydrocannabinol content concentration
level on a dry weight basis, that, when reported with the accredited lab-
oratory's measurement of uncertainty, produces a distribution or range
that includes a result of 0.3 percent or less.
(19) High-performance liquid chromatography
(HPLC)--A type of chromatography technique in analytical chemistry
used to separate, identify, and quantify each component in a mixture.
HPLC relies on pumps to pass a pressurized liquid solvent containing
the sample mixture through a column filled with a solid adsorbent
material to separate and analyze compounds.
(20) Independent contractor--A person or entity contracted
to perform work or sales for a registrant.
(21) License holder--The person who is legally responsible
for the operation as a consumable hemp manufacturer, processor, or
distributor, and possesses a valid license.
(22) Lot number--A specific quantity of raw or processed
hemp product that is uniform and intended to meet specifications for
identity, strength, purity, and composition that shall contain the manu-
facturer's, processor's, or distributor's, number and a sequence to allow
for inventory, traceability, and identification of the plant batches used
in the production of consumable hemp products.
(23) Manufacturer--A person who makes, extracts, pro-
cesses, or distributes consumable hemp product from one or more
ingredients, including synthesizing, preparing, treating, modifying or
manipulating hemp or hemp crops or ingredients to create a consum-
able hemp product. For farmers and persons with farm mixed-type
facilities, manufacturing and processing does not include activities
related to growing, harvesting, packing, or holding raw hemp product.
(24) Measurement of uncertainty--The parameter, associ-
ated with the results of an analytical measurement that characterizes
the dispersion of the values that could reasonably be attributed to the
quantity subjected to testing measurement. For example, if the re-
ported delta-9 tetrahydrocannabinol content concentration level on a
dry weight basis is 0.35% and the measurement of uncertainty is +/-
0.06%, the measured delta-9 tetrahydrocannabinol content concentra-
tion level on a dry weight basis for this sample ranges from 0.29% to
0.41 %. Because 0.3% is within the distribution or range, the sample is
within the acceptable hemp THC level for the purpose of plan compli-
ance.
(25) Non-consumable hemp processor--A person who in-
tends to process hemp products not for human consumption and is reg-
istered with the Texas Department of Agriculture.
(26) Non-consumable hemp product--As defined by Texas
Agriculture Code, 122.001(8), means a product that contains hemp,
other than a consumable hemp product as defined by Texas Health and
Safety Code, 443.001. The term includes cloth, cordage, fiber, fuel,
paint, paper, particleboard, construction materials, and plastics derived
from hemp.
(27) Pathogen--A microorganism of public health signifi-
cance, including molds, yeasts, Listeria monocytogenes, Campylobac-
ter, Salmonella, E. coli, Yersinia, or Staphylococcus.
(28) Person--An individual, business, partnership, corpo-
ration, or association.
(29) Process--Extraction of a component of hemp, includ-
ing CBD or another cannabinoid, that is:
(A) sold as a consumable hemp product;
(B) offered for sale as a consumable hemp product;(C) incorporated into a consumable hemp product; or
(D) intended to be incorporated into a consumable
hemp product.
(30) Processor--A person who operates a facility which
processes raw agriculture hemp into consumable hemp products for
manufacture, distribution, and sale. A hemp processor is required
to hold a consumable hemp products license. A person issued a
consumable hemp products license, which only engages in the manu-
facturing, processing, and distribution of consumable hemp products,
is not required to hold a license under Texas Health and Safety Code,
Chapter 431, Subchapter J.
(31) QR code--A quick response machine-readable code
that can be read by a camera, consisting of an array of black and white
squares used for storing information or directing or leading a user to
product information regarding manufacturer data and accredited labo-
ratory certificates of analysis.
(32) Raw hemp--An unprocessed hemp plant, or any part
of that plant, in its natural state.
(33) Registrant--A person, on the person's own behalf or
on behalf of others, who sells consumable hemp products directly to
consumers, and who submits a complete registration form to the de-
partment for purposes of registering their place of business to sell con-
sumable hemp products at retail to the public.
(34) Reverse distributor--A person registered with the fed-
eral Drug Enforcement Agency as a reverse distributor that receives
controlled substances from another person or entity for return of the
products to the registered manufacturer or to destroy adulterated or im-
permissible THC products.
(35) Smoking--Burning or igniting a consumable hemp
product and inhaling the resultant smoke, vapor, or aerosol.
(36) Tetrahydrocannabinol (THC)--The primary psy-
choactive component of the cannabis plant.
(37) Texas Department of Agriculture--The state agency
responsible for regulation of planting, growing, harvesting, and test-
ing of hemp as a raw agricultural product.
(38) Texas.gov--The online registration system for the
State of Texas found at https://www.texas.gov.
300.102. Applicability of Other Rules and Regulations.
Hemp manufacturers, processors, distributors, and retailers must com-
ply with all relevant laws and rules applicable to the manufacture, pro-
cessing, distribution and sale of consumable products, including:
(1) Chapter 217, Subchapter C of this title (relating to
Rules for the Manufacture of Frozen Desserts);
(2) Chapter 229, Subchapter D of this title (relating to Reg-
ulation of Cosmetics);
(3) Chapter 229, Subchapter F of this title (relating to Pro-
duction, Processing, and Distribution of Bottled and Vended Drinking
Water);
(4) Chapter 229, Subchapter G of this title (relating to Man-
ufacture, Storage, and Distribution of Ice Sold for Human Consump-
tion, Including Ice Produced at Point of Use);
(5) Chapter 229, Subchapter L of this title (relating to Li-
censure of Food Manufacturers, Food Wholesalers, and Warehouse
Operators);PROPOSED RULES May 8, 2020 45 TexReg 3013
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 45, Number 19, Pages 2927-3176, May 8, 2020, periodical, May 8, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1289744/m1/87/: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.