A. Unless otherwise specifically provided herein, the following words and terms used in this Chapter of Title 49, and all other Chapters of Title 49 which are adopted or may be adopted, are defined for the purposes thereof as follows.
- Accrediting Body—for the purposes of this Chapter, the International Organization for Standardization (ISO).
- Advertisementincludes all representations of fact or opinion disseminated to the public in any manner or by any means other than by the labeling.
- Certificate of Analysis—a document produced by an approved laboratory attesting to the composition of a product.
- Certificate of Consumable Hemp Product Registration (FD-8a)—certificate issued by the department attesting that consumable hemp products produced or distributed by the holder’s company have been registered as required.
- Certificate of Registration (FD-8)—certificate issued by the department attesting that products produced or distributed by the holder’s company have been registered as required.
- Consumable Hemp Product—any product derived from industrial hemp that contains any cannabinoid, including cannabidiol or THC, and is intended for consumption or topical use. This special class of products includes, but is not limited to, the following: food, animal foods or feed, and pet products.
- Consumable Hemp Products Database—repository of information on products and firms that are registered with the Cannabis Program of LDH/OPH that fall into the category of consumable hemp products.
- Cosmeticincludes all substances and preparations intended for cleaning, altering the appearance of or promoting the attractiveness of a person. The term includes soaps only when medicinal or curative qualities are claimed by the use, thereof.
- Department—for the purposes of this Chapter, the Office of Public Health, Louisiana Department of Health.
- Deviceincludes all devices intended for use in diagnosis, treatment, cure or prevention of disease in man or beast or intended to affect the structure of any function of the body.
- Dietary Supplement—a product other than tobacco intended to supplement the diet that is not represented for use as a conventional food, that is not a drug, and that is labeled as a dietary supplement and bears or contains one or more of the following dietary ingredients or a concentrate, metabolite, constituent, extract, or combination thereof: a vitamin, a mineral, a botanical, an amino acid, or a dietary substance for use by man to supplement the diet by increasing the total dietary intake.
- Distillate—the product of condensation of an evaporated substance to produce a highly-concentrated solution.
- Drugincludes all substances and preparations recognized in the official compendium as defined in the State Food, Drug and Cosmetic Law. It includes all substances and preparations intended for use in the diagnosis, treatment, cure or prevention of disease in man or beast, and all substances and preparations other than food and cosmetics, intended to affect the structure or any function of the body.
- E-Cigarette—a battery-operated device that is typically designed to resemble a traditional cigarette and is used to inhale a (usually nicotine-containing) vapor atomized by the device’s heating element.
- Examination and Investigation Fee—as required by R.S. 40:628, shall be referred to as registration fee.
Federally Defined THC Level for Hemp—the greater of the following:
- a. a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis;
- b. the THC concentration for hemp defined in 7 U.S.C. 1639o.
- Foodincludes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum or condiment for man or beast.
- Industrial Hemp—the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
- Labelthe principal display or display of written, printed or graphic matter upon any food, drug, cosmetic or device or the immediate container, thereof, or upon the outside container or wrapper, if any, of the retail package of any food, drug, cosmetic or device.
- Labelingincludes all labels and other written, printed and graphic matter in any form whatsoever accompanying any food, drug, cosmetic or device.
- Liquid Concentrate—concentrated water-soluble liquid containing THC components derived from consumable hemp that can be consumed directly or added to a food or beverage.
- Manufacturer—the person, whether permitted or not by the department as a consumable hemp processor, who manufactures a consumable hemp product into the final form in which it will be distributed or offered for sale.
- Package—container or wrapping in which any consumer commodity is enclosed for the purposes of display or delivery to retail purchasers; in the context of consumable hemp products, this term refers to a group of individual servings offered together as a single unit.
- Patent or Proprietary Medicineany drug or drug product covered by a patent from the U.S. Patent Office in Washington, D.C. and/or products sold under proprietary marks or trademarks with a distinctive device or brand to designate the source of origin.
- QR Code—quick response code, a type of machine-readable, two-dimensional barcode that stores information about a product.
- Registration Fee—examination and investigation fee.
- Related Entity—an entity that shares at least 50 percent direct or indirect common ownership with another entity.
- Serving—total quantity of discrete units or of liquid in a package a processor recommends for consumption at one time; in the context of consumable hemp products, this term refers to discrete (i.e., separate and completely unattached to other servings) pieces of a solid substance, containers of a beverage, or one milliliter of a tincture, extract or distillate designed for oral or sublingual use.
- THC—any combination of tetrahydrocannabinol, THC components, and tetrahydrocannabinolic acid.
- THC Components—any isomer, analog or derivative of the tetrahydrocannabinol molecule.
- Tincture—an extract of plant material produced using an organic solvent, frequently mixed with a carrier oil and optional flavorants to generate a finished product; this category does not include liquid concentrates.
- Vape Cartridge—the part of a vape pen containing the liquid to be inhaled by the user.
- Vape Pen—a type of e-cigarette.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1482(J), R.S. 40:4(A)(13), R.S. 40:5(A)(8)(17) and R.S. 40:604.
Historical Note
HISTORICAL NOTE: Adopted by the Department of Health and Human Resources, Office of Preventive and Public Health Services, September 1968, amended by the Department of Health, Office of Public Health, LR 46:358 (March 2020), LR 47:479 (April 2021), LR 48:1290 (May 2022), repromulgated LR 48:1583 (June 2022), amended LR 48:2982 (December 2022), amended by the Department of Health, Office of Public Health, LR 49:1940 (November 2023), LR 52:54 (January 2026), repromulgated by the Department of Health, Office of Public Health, LR 52:706 (May 2026).