Federal Rules Provide Useful Tools for Cannabis Cultivators
With the formal publication of the interim rules, the USDA begins its implementation of the federal hemp program. A 60-day public comment period follows the formal publication.
October 31, 2019 at 09:29 AM
4 minute read
On Oct. 29, the U.S. Department of Agriculture (USDA) released draft interim rules for hemp production. These rules on hemp will be formally published in the Federal Register on Oct. 31. With the formal publication of the interim rules, the USDA begins its implementation of the federal hemp program. A 60-day public comment period follows the formal publication.
The interim rules include provisions for the USDA to approve plans submitted by states and Indian Tribes for the domestic production of hemp. State or Tribal plans must be submitted to the USDA and approved prior to their implementation. The draft rules also establish a federal plan for producers in states or territories of Indian Tribes that do not have their own USDA-approved plan. Florida's current plan, the framework of rules being promulgated by the Florida Department of Agriculture and Consumer Services (FDACS), is also at the public comment stage which concludes at the end of October. FDACS had the foresight to draft application forms that require information from applicants that is also required in the draft USDA rules.
Importantly, the USDA decided it will not include a seed certification program in the rule. One cited reason is that the same seeds grown in different geographical locations and growing conditions can react differently. Another reason is that the USDA does not have accurate data currently on the origin of most hemp seed planted in the United States.
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