USDA Reopens Comment Period on Interim Regulations for U.S. Hemp Production; Interested in 12 Topics

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On September 8, 2020, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) reopened the public comment period on its final interim regulations establishing the U.S. Domestic Hemp Production Program. The final interim regulations, which went into effect on October 31, 2019, provided much-needed guidance to the industry on issues such as testing, harvesting, and transport, though as we previously reported, these regulations are in need of refinement in several areas. AMS will keep the comment period open until October 8, 2020.

While AMS received more than 4,600 comments during the initial comment period that closed in January 2020, it is now encouraging “additional input on several topics identified by commenters.” This reopening of the public comment period allows stakeholders to provide AMS with further insight gained from the 2020 hemp growing season. AMS is particular interested in comments on the following twelve topics:

  1. Measurement of Uncertainty for Sampling
  2. Liquid Chromatography Factor, 0.8777
  3. Disposal of Remediation of Non-Compliant Plants
  4. Negligence
  5. Interstate Commerce
  6. 15-Day Harvest Window
  7. Hemp Seedlings, Microgreens, and Clones
  8. Hemp Breeding and Research
  9. Sampling Methodology—Flower vs. Whole Plant
  10. Sampling Methodology—Homogenous Composition, Frequency, and Volume
  11. Sampling Agents
  12. DEA Laboratory Registration

AMS still plans to issue a final rule by November 1, 2021.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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