The White House has approved the U.S. Department of Agriculture (USDA)’s long awaited federal rules to guide hemp production.
A draft of the U.S. Domestic Hemp Production Program guidelines was published today on USDA’s website, and once published in the Federal Register on Thursday, public comments will be open for 60 days. While this sets a framework for hemp growing and testing, the food and beverage industry is still awaiting Food and Drug Administration (FDA) to legalize and set standards for CBD food and drink products.
“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,” Sonny Perdue, U.S. Secretary of Agriculture, said in a release. “We have had teams operating 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.”
Once established, the hemp rules, required by the 2018 Farm Bill, will provide more reliable options for sourcing hemp, considered an important step toward helping the CBD industry create safer, more reliable products. The rules are temporary for the first year, with a final set expected to be released within two years of the publication date.
According to the draft, all hemp producers will be responsible for licensing requirements, maintaining information on the land where hemp is produced, procedures for testing THC concentration in hemp, compliance provisions and procedures for handling violations.
The draft maintains that cannabis with a THC level above 0.3% is considered marijuana, still a schedule I controlled substance regulated by the Drug Enforcement Administration (DEA) under the Controlled Substances Act (CSA.) To help with safety, the rules include guidelines and procedures for testing THC content: within 15 days before anticipated harvest, a federal, state, local or tribal authority will collect flower samples for testing. The time frame, the draft states, is considered a “reasonable time for a farmer to harvest an entire field,” including potential rain and equipment delays.
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Background:
Later this week, an interim final rule formalizing the program will be published 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. A preview of the 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.
You view the Document HERE
Michigan News Release HERE
