USDA Issues Guidance on Interim Final Rule for Domestic Hemp Production

On Feb. 27, 2020, the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) issued guidance as to lab registration and disposal enforcement discretion for its interim final rule for domestic hemp production. The guidance states that AMS will delay enforcement of the provision in the rule that requires use of laboratories that are Drug Enforcement Administration (DEA) registered. Testing can be done at labs that are not yet DEA-registered until publication of a final rule. Labs must still adhere to the standards of performance outlined in the rule and must plan to become DEA-registered by the deadline. This delay alleviates one of the concerns raised by many small businesses.

Additionally, AMS is delaying enforcement of the provision of the rule that requires that producers use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants so long as producers use a means described in the guidance to dispose of the plants. This will allow for producers to use on-farm practices to dispose of the non-compliant plants while still making them non-redeemable.

  • Read the guidance and additional information about the rule here.

Advocacy contact: Prianka Sharma at (202) 205-6938.

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