NAC453A.550. “Potentially hazardous marijuana products and ingredients” defined.  


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  • As used in NAC 453A.550 to 453A.592, inclusive, unless the context otherwise requires:

         1. “Potentially hazardous marijuana products and ingredients” means an edible item that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:

         (a) The rapid and progressive growth of infectious or toxigenic microorganisms;

         (b) The growth and toxin production of Clostridium botulinum; or

         (c) In raw shell eggs, the growth of Salmonella Enteritidis.

         2. The term “potentially hazardous marijuana products and ingredients” includes, without limitation:

         (a) An animal item that is raw or heat-treated;

         (b) An item of plant origin that is heat-treated or consists of raw seed sprouts;

         (c) Cut melons and tomatoes; and

         (d) Garlic-in-oil mixtures that are not modified in a way that results in mixtures which prohibit growth.

         3. The term “potentially hazardous marijuana products and ingredients” does not include:

         (a) An ingredient with a value of water activity of 0.85 or less;

         (b) An ingredient with a pH level of 4.6 or below when measured at 75°F (24°C); or

         (c) An ingredient, in a hermetically sealed and unopened container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)