USDA Publishes Hemp IFR

USDA Publishes Hemp IFR

USDA published an Interim Final Rule on hemp production effective immediately with a 60-day comment period.

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October 30, 2019

USDA has published an Interim Final Rule (IFR) on the Establishment of a Domestic Hemp Production Program. The rule is effective immediately with a 60-day comment period ending Dec. 30.

This rule establishes a new part specifying the rules and regulations to produce hemp. This action is mandated by the Agriculture Improvement Act of 2018, which amended the Agricultural Marketing Act of 1946. The rule outlines provisions for USDA to approve plans submitted by states and Indian Tribes for the domestic production of hemp. It also establishes a federal plan for producers in states or territories of Indian Tribes that do not have their own USDA-approved plan.

The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol (THC), disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the requirements of the new part.

USDA stated that it also is issuing several new forms and guidance documents to accompany the rule, which will be available on the Agricultural Marketing Service website.