TXNORML sent out an email today stating,
The U.S. Department of Agriculture (USDA) has issued regulations governing the production of hemp as an agricultural commodity…. These federal hemp regulations are effective immediately, but subject to change based on public comment. The interim final rule on hemp will be formally published in the Federal Register on Thursday, with a 60-day public comment period to follow. Once the rules are finalized, Texas can submit their state-level regulations plans. Once accepted by the USDA, Texas can begin our formal state rulemaking process.
TXNORML email titled Breaking: USDA Issues Hemp Regulations
This implementation ensures important opportunities and protections afforded to other farmers and provides long-awaited clarity for regulators.
The publication starts off with an introduction that informs the public about seed imports, common rule establishments and timelines of when the plans and rules will be finalized
USDA regulates the importation of all seeds for planting to ensure safe agricultural trade. Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada. Hemp seeds imported into the United States from countries other than Canada may be accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.
USDA Interim Hemp Rules
After reviewing and evaluating the comments, USDA will draft and publish a final rule within two years of the date of publication. USDA will evaluate all information collected during this period to adjust, if necessary, this rule before finalizing.
The second section of the interim rules reviews State and tribal Plans, and that if they want control over production in their state they can submit a plan to the Secretary concerning the monitoring and regulation of such hemp production. the program is also not going to contain as seed certification program at this time because seeds grown in one area may result in crops that met legal THC limits but violate those limits when grown in another state under different conditions, and technology is not advanced enough at the moment to determine seed planting results in different locations. This makes a seed certification scheme unfeasible at this time.
States and tribes must implement sampling procedures, and for sampling procedures to ensure delta-9 tetrahydrocannabinol is within legal limits of 0.3%, among other requirements, procedures must ensure that a representative sample of the hemp production is physically collected and delivered to a DEA-registered laboratory for testing. The USDA is requesting comments and information regarding the 15-day sampling and harvest timeline.
This is just the tip of the iceberg when it comes tot he rules laid out. It is highly recommended that if you want to know more that you read the current interim rules found on the PDF linked.
As far as the USDA creating the structure of the program, Secretary of Ag Sonny Perdue stated today,
“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.”
Secretary of Agriculture Sonny Perdue
A problem with the interim rules currently is that it does not address whether smokeable hemp flowers may be sold, Marijuana Moment stated it is likely because such products would fall under separate jurisdiction of the Food and Drug Administration (FDA). This does not indicate the USDA is permitting the concept, but lack of clarification leaves the item lingering at the state level for the moment.
If one wishes to become a hemp producer in their respective state, one can find more information at the USDA Hemp FAQ website and here.
The USDA will not be accepting any feedback until the rules are published in the federal register on Thursday.
