Search
  • Aundrea Foster

USDA’s final rule on hemp includes three noteworthy changes


The United States Department of Agriculture (USDA) published its final rule regulating hemp production on January 15. The final rule includes some alterations to the interim final rule (IFR), which many in the hemp industry are celebrating.


The final rule includes requirements regarding licensing, recordkeeping, testing, disposal of noncompliant plants, and others. Three of the ways this rule differs from the IFR include an expanded harvest window, an increased standard of negligence, and additional options for disposing of or remediating hot hemp.


“The transition from prohibition to a legal and regulated system takes time, and USDA’s final rule is a historic step forward for hemp in the U.S.,” said Shawn Hauser in a press release. Hauser is a partner and chair of the Hemp and Cannabinoids Department at Vincente Sederberg LLP.


Under the final rule, hemp farmers will have more time to harvest their crop after THC testing. The final rule expanded the harvest window from 15 days to 30 days. This expanded window allows farmers more flexibility to cope with problems that may arise with weather, equipment, testing, or other challenges.


The legal THC limit for a hemp crop remains 0.3%, but the USDA increased the negligence limit from 0.5% to 1%. This means that if a crop tests above 0.3% but less than 1% the grower will not be liable for committing a negligent violation.


This change allows growers a greater margin for error. It is expected to prevent more growers from receiving violations that could lead to criminal drug charges.


The USDA’s final rule also ensures growers can only get one negligent violation per calendar year. This can help protect farmers who grow in more than one location from receiving multiple violations in one year and inadvertently triggering a five-year ban.


Under the final rule, hemp flowers that test above the 0.3% THC concentration must still be destroyed. However, growers can keep and sell other parts of the plant, which can help them minimize financial loss.


Also, farmers can destroy the non-compliant plants themselves by either burning them or plowing them under the soil. The IFR originally required the plants to be destroyed off-site by someone who is authorized to handle Schedule 1 substances, a regulation that was modified February 2020. The regulation included in the final rule matches the 2020 modification.


These three changes between the IFR and the final rule were based on public comments that followed the publication of the IFR in October 2019 and the lessons learned during the 2020 growing season, according to a USDA press release. The USDA reportedly received about 5,900 comments during this period.


“With the publication of this final rule, the USDA brings to a close a full and transparent rule-making process that started with a hemp listening session in March 2019,” said USDA Marketing and Regulatory Programs Under Secretary Greg Ibach.


“The expanded harvest window, alternative disposal/remediation authorizations, and increase of the standard of negligence to 1% will be critical to building a successful hemp industry, and they indicate the USDA gave meaningful consideration to stakeholder’s comments,” Hauser said.


The final rule is set to take effect on March 22 for states not operating under the 2014 Farm Bill production rules. The 2014 Farm Bill is set to sunset on Dec. 31, 2021. Hemp production programs still operating under these rules reportedly must comply with the final rule after the 2014 Farm Bill expires.


Sources


[1] https://www.agriculture.com/news/business/final-rule-for-domestic-hemp-production-effective-march-2021

[2] https://vicentesederberg.com/press/usda-announces-final-rule-regulating-the-production-of-hemp-in-the-u.s/

[3] https://www.hempgrower.com/article/usda-issues-final-rule-hemp/

[4] https://hempindustrydaily.com/usda-hemp-rule/

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

[6] https://public-inspection.federalregister.gov/2021-00967.pdf

983 views0 comments

 LOCATIONS

SAINT PAUL 

844 Grand Ave Saint Paul MN

55105

Orlando | Dixie Bell

948 S Sermon Blvd 

Orlando Florida 32807

MAPLEWOOD MALL  

 (moved location 3 miles downtown White Bear Lake)

3001 White Bear Ave  Maplewood, MN 55109

©2020 by Nothing But Hemp. Proudly created by SocialThis, LLC

 

Nothing But Hemp offers CBD oil in Minneapolis and the surrounding cities. CBD Oil Products is not for use by or sale to persons under the age of 18. This product should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. A Doctor's advice should be sought before using this and any supplemental dietary product. All trademarks and copyrights are property of their respective owners and are not affiliated with nor do they endorse this product. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease. These products contain up to .03% THC. Individual weight loss results will vary. Contact Support for return policy.

The Nothing But Hemp, LLC shall not be held liable for the medical claims made by customer testimonials. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials made have not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners and legal professionals. Please consult your healthcare professional about potential interactions or other possible complications before using any product. Please consult your own legal counsel to determine whether your purchase and intended use are legal in your state.

 

The Federal Food, Drug, and Cosmetic Act requires this notice.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease or ailment.

 

The Nothing But Hemp, LLC assumes no responsibility for the improper use of these products. We recommend consulting with a qualified medical doctor or physician when preparing a treatment plan for any and all diseases or ailments.

 

The Nothing But Hemp, LLC not make any health claims about our products and recommend consulting with a qualified medical doctor or physician prior to consuming our products or preparing a treatment plan. It is especially important for those who are pregnant, nursing, chronically ill, elderly or under the age of 18 to discuss the use of these products with a physician prior to consuming.  You must be 18 years or older to visit this website and/or purchase Nothing But Hemp, LLC  products. 

 

The information on our website is intended to provide general information regarding our products and is not to be construed as medical advice or instruction.

18K.02 DEFINITIONS.

Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.