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USDA published a final rule on January 15, 2021, that provides regulations for the production of hemp in the United States and is effective on March 22, 2021. The final rule builds on the interim final rule published October 31, 2019, that established the U.S. Domestic Hemp Production Program. The final rule incorporates modifications based on public comments and lessons learned during the 2020 growing season.
Key provisions of the final rule include:
Ala. Code § 2-8-380 to 2-8-383 and § 20-2-2 (2016)
*Creates an industrial hemp research program overseen by the Alabama Department of Agriculture and Industries to study hemp. *The department may coordinate the study with institutions of higher education
Ark. Stat. Ann. § 2-15-401 et seq. (2017)
Creates the Arkansas Industrial Hemp Program including a 10-year research program.
*Authorizes the State Plant Board to adopt rules to administer the research program and license growers.
*Requires the State Plant Board to provide an annual report starting Dec. 31, 2018.
*Allows the University of Arkansas’s Division of Agriculture and the Arkansas Economic Development Commission to work with the State Plant Board.
*Establishes a separate program fund, which will include feeds collected and other sources of funding
S 1726 (Enacted; Effective June 16, 2017)
*Directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. *Commercialization projects may be allowed after two years with certain conditions.
*Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities. *Requires a university to submit a report within two years of establishing a pilot program.
2019. HB 213. 2017. HB 465. 2015. HB 704.
This bill has been passed by the legislature. If the Governor signs it, or if he does not veto it within 40 days after the end of the session, it becomes law on the bill's effective date, commonly July 1.
Ky. Rev. Stat. Ann. § 260.850 to 260.869 (2016)
*Creates an industrial hemp research program and a commercial licensing program to allow hemp cultivation for any legal purpose.
*The commercial growers’ license shall only be allowed subject to the legalization of hemp under federal law. *Growers are required to use certified seeds and may import or resell certified seeds.
*Mandates the University of Kentucky Agricultural Experiment Station oversee a five-year hemp research program. *Creates the Industrial Hemp Commission, attached to the Agricultural Experiment Station, to oversee, among other things, the licensing, testing and implementation of regulations and rules related to hemp.
Louisiana HB 491 (Act No. 164)
*Authorizes industrial hemp research, cultivation, processing and transportation and recognizes industrial hemp as an agricultural commodity.
*Provides for powers and responsibilities of the Agricultural Chemistry and Seed Commission and the Department of Agriculture and Forestry to develop an industrial hemp program, including criteria for seed approval, licensing, testing and other necessary rules and regulations.
*Directs the creation and submittal of a state plan to USDA by Nov. 1, 2019.
*Exempts legally allowed industrial hemp and industrial hemp-derived CBD products from the Uniform Controlled Dangerous Substances Law.
Mississippi is sitting as the only state in the Southeast where hemp remains illegal.
N.C. Gen. Stat. § 106-568.50 to 106-568.54 and § 90-87(16) (2016)
*Creates an agricultural hemp pilot program overseen by the North Carolina Industrial Hemp Commission within the North Carolina Department of Agriculture. *The commission must collaborate with North Carolina State University and North Carolina A&T State University.
S.C. Code Ann. § 46-55-10 to 46-55-40 (Law. Co-op 2016)
Allows hemp growth for commercial and research purposes.
Tenn. Code Ann. § 43-26-101 to 43-26-103 (2016)
*Allows commercial hemp production overseen by the Tennessee Department of Agriculture.
*Directs the commissioner of agriculture to develop licensing rules for processors and distributors. *Allows institutions of higher education to acquire and study seeds for research and possible certification.
Va. Code § 3.2-4112 to 3.2-4120 (2016)
*Authorizes research and commercial hemp programs overseen by the Virginia Board of Agriculture and Consumer Services and the Virginia commissioner of agriculture and human services.
*The commissioner must establish separate licenses for the research program and for commercial growers. *Nothing in this chapter allows individuals to violate federal laws.
W. Va. Code. § 19-12E-1 to 19-12E-9 (2016)
*Allows hemp production for commercial purposes by growers licensed by the West Virginia Commissioner of Agriculture.
After a 77-year break, hemp plants are growing in American soil again. Right now, in fact. If you hear farmers from South Carolina to Hawaii shouting “God bless America,”.
WASHINGTON, May 6, 2019 – USDA’s Farm Service Agency (FSA) announced that organic producers and handlers can apply for federal funds to assist with the cost of receiving and maintaining organic certification through the Organic Certification Cost Share Program (OCCSP). Applications for fiscal 2019 funding are due Oct. 31, 2019.
To comply with state regulations for commercial and research programs, growers must be licensed, registered or permitted with the state agency overseeing the program. Requirements for registration, licenses and permits might include:
The state agencies overseeing these programs are typically authorized to conduct inspections, test the plants and review records. State agencies may revoke licenses and impose civil and criminal penalties against growers who violate regulations.
The passing of the Agriculture Improvement Act of 2018 (2018 Farm Bill, Section 10113) removed hemp and hemp seeds from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances. This action removed hemp and hemp seeds from DEA authority for products containing THC levels not greater than 0.3 percent. Therefore, DEA no longer has authority to require hemp seed permits for import purposes.
U.S. producers and hemp seed exporters have requested assistance from USDA to provide an avenue for hemp seed exports to the United States. The U.S. Department of Agriculture (USDA) regulates the importation of all seeds for planting to ensure safe agricultural trade. Under this authority, USDA is providing an alternative way for the safe importation of hemp seeds into the United States.
Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.
Hemp seeds may be imported into the United States from countries other than Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.
Hemp seed shipments may be inspected upon arrival at the first port of entry by Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.
Questions or requests for information regarding hemp can be sent to email@example.com.
More information about industrial hemp production is available at www.ams.usda.gov/rules-regulations/farmbill-hemp.
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