Code of Federal Regulations
Acceptable hemp THC level.
Industrial Hemp Processor-Handler Application
- Section 990.1 of the federal hemp regulations provides the official definitions used throughout Part 990, which governs the domestic hemp production program under the U.S. Department of Agriculture (USDA). These definitions establish the regulatory meaning of key terms used in licensing, sampling, testing, compliance, and enforcement.
- The section includes definitions for:
- Core Regulatory Terms
- Acceptable hemp THC level – The threshold used to determine whether a hemp sample is compliant, incorporating measurement uncertainty.
- Cannabis – Any plant of the genus Cannabis.
- Hemp – Cannabis with a delta‑9 THC concentration not more than 0.3% on a dry‑weight basis, including derivatives and extracts.
- Lot – A specific crop or production area designated for sampling and testing.
- Key participants – Individuals with decision‑making authority in a hemp business who must undergo background checks.
- Sampling and Testing Terms
- DEA‑registered laboratory – A lab authorized to test hemp for THC.
- Performance‑based sampling – A sampling method approved by USDA that allows states/tribes flexibility if they meet reliability standards.
- Total THC – Defined as the sum of delta‑9 THC and THCA after decarboxylation or using an equivalent testing method.
- Compliance and Enforcement Terms
- Negligent violation – A failure to exercise reasonable care, such as producing hemp above the allowable THC level.
- Corrective action plan – Required steps for producers who commit negligent violations.
- Disposal and remediation – Methods for handling non‑compliant plants.
- Administrative Terms
- State plan / Tribal plan – Regulatory plans submitted by states or tribes for USDA approval.
- USDA plan – The federal default program for producers in jurisdictions without an approved state or tribal plan.
- Producer – A person or business licensed to grow hemp.
Purpose of the Section
This definitions section ensures uniform interpretation of all regulatory requirements in Part 990. Every licensing, sampling, testing, and enforcement rule relies on these terms, making § 990.1 the foundation for federal hemp compliance.
Read the full details here eCFR :: 7 CFR 990.1 — Meaning of terms.