Washington, DC (October 29, 2019) — U.S. Secretary of Agriculture Sonny Perdue announced the establishment of the U.S. Domestic Hemp Production Program. This program, as required by the 2018 Farm Bill, creates a consistent regulatory framework around hemp production throughout the United States.
“At USDA, we are always excited when there are new economic opportunities for our farmers, and we hope the ability to grow hemp will pave the way for new products and markets,” says Perdue. “We have had teams operating with all hands-on-deck to develop a regulatory framework that meets Congressional intent while seeking to provide a fair, consistent, and science-based process for states, tribes, and individual producers who want to participate in this program.”
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Background
An interim final rule formalizing the program was published Oct. 31 in the Federal Register that will allow hemp to be grown under federally-approved plans and make hemp producers eligible for a number of agricultural programs. The rule includes provisions for the U.S. Department of Agriculture (USDA) to approve hemp production plans developed by states and Indian tribes including: requirements for maintaining information on the land where hemp is produced; testing the levels of delta-9 tetrahydrocannabinol; disposing of plants not meeting necessary requirements; and licensing requirements. It also establishes a federal plan for hemp producers in states or territories of Indian tribes that do not have their own approved hemp production plan.
The interim final rule becomes effective upon publication in the Federal Register. Following publication, USDA invites public comment on the interim rule and the information collection burden. The interim final rule is posted on USDA’s website.
USDA also developed guidelines for sampling and testing procedures that are being issued concurrently with this rule. These documents provide additional information for sampling agents and hemp testing laboratories.
More information about the provisions of the interim final rule is available on the U.S. Domestic Hemp Production Program web page on the Agricultural Marketing Service (AMS) website.
Once state and tribal plans are in place, hemp producers will be eligible for a number of USDA programs, including insurance coverage through Whole-Farm Revenue Protection. For information on available programs, visit farmers.gov/hemp.
USDA Issues Interim Final Rule For Hemp Production
From the American Seed Trade Association
On October 31, the United States Department of Agriculture (USDA) published for public comment an interim final rule (“the rule”) to establish the rules and regulations to produce hemp. This action was mandated by the Agriculture Improvement Act of 2018 (Farm Bill). The rule outlines provisions for USDA to approve plans submitted by states and Indian tribes for the domestic production of hemp, including USDA approval for states that opt out of establishing production rules.
The rule defines the term “hemp” to mean the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof. It also states, that since USDA regulates the importation of all seeds, hemp seeds can be imported into the U.S. under standard phytosanitary regulatory requirements for seed. USDA did not include a requirement for the use of AOSCA Certified seed. The rule states that “the technology necessary to determine seed planting results in different locations is not advanced enough at this time to make a seed-certification scheme feasible. Additionally, we do not have accurate data at this time on the origin of most hemp seed planted in the U.S.”
The balance of the 161-page regulation focused on THC inspections, sampling and testing, and any actions required in those instances if the plant tests over 0.3-percent THC. It specifies that planting locations must be registered under state programs, although not necessarily made available to the general public.
The comment period ends December 31, with the final rule reported out within two years. However, the interim rule will be effective after the comment period ends and until the final rule is adopted. This will allow state plans to be submitted for approval in time for hemp production after January 1, 2020, if the state plans are submitted and approved by USDA expeditiously.