USDA Publishes Final Rule for the Domestic Production of Hemp

Summary from Virginia Hemp Coalition:

Listed below is a summary of some of the changes from the IFR to the Final Rule that have been already identified: The Final Rule still insists that only DEA-certified laboratories test material, but it delays enforcement of this provision until 12/31/22.

The negligence standard has been increased from 0.5% THC to 1.0% THC, a helpful development to protect farmers’ economic interests.

The sampling window has been extended from 15 to 30 days of anticipated harvest, a welcome relief to help avoid bottlenecking in testing procedures.

Instead of rigid requirements for sampling being mandated from the federal level, the Final Rule establishes “performance-based” sampling requirements, giving states the flexibility to achieve performance objectives, such as a reliability of 95%.

The Final Rule continues to require pre-harvest samples to be taken from the flower material – not the whole plant as many requested — but it provides some relief by requiring the samples to be taken from 5 to 8 inches from the main stem, terminal bud, or central cola of the flowering top.

The USDA retains its requirement for testing total THC, instead of limiting the testing to Delta-9 THC as requested by some in the industry.

The more flexible disposal options that the USDA proposed last year – including on-farm or at-production disposal flexibility – have been made permanent.

https://www.ams.usda.gov/press-release/usda-publishes-final-rule-domestic-production-hemp

Leave a Comment

Your email address will not be published. Required fields are marked *

Shopping Cart
CHA NewsletterGet Connected with the Cannabis Horticultural Association

Subscribe to our newsletter below! Get access to the latest releases on seeds from CHA. See whats going on with newest entries into the membership database. Plus tips and tricks on horticultural practices!