August 4, 2020

Volume X, Number 217

August 03, 2020

Subscribe to Latest Legal News and Analysis

EPA Approves Use of 10 Pesticide Products on Hemp

Yesterday, the Environmental Protection Agency (EPA) announced its approval of 10 new pesticides for use on hemp products. EPA’s approval of nine biopesticides and one conventional pesticide provides greater certainty to hemp farmers in time for the 2020 planting season.

The hemp industry awaits further guidance from other federal regulatory agencies.

In December 2018, Congress passed the Agriculture Improvement Act of 2018 (2018 Farm Bill), which explicitly removed hemp from the definition of marijuana in the Controlled Substances Act. The 2018 Farm Bill directed the US Department of Agriculture (USDA) to establish a regulatory framework for hemp production in the United States. USDA recently released its interim final rule including proposed rules and regulations regarding USDA’s approval of hemp production plans submitted by States and Indian Tribes, and the establishment of a Federal Plan for hemp growers in States without a USDA-approved plan. Comments on the proposed rule were initially due by December 30, 2019, but the USDA recently extended the deadline to January 29, 2020, to allow stakeholders additional time submit feedback.

Further, the Food and Drug Administration (FDA) possesses regulatory authority over products containing cannabis or cannabis derived compounds under the Federal Food, Drug and Cosmetic Act. The FDA has recognized hemp and several hemp-derived compounds as “generally recognized as safe” (GRAS) under its food ingredient standards; however, this does not cover CBD—even CBD derived from hemp produced under the 2018 Farm Bill.

© 2020 McDermott Will & EmeryNational Law Review, Volume IX, Number 354

TRENDING LEGAL ANALYSIS


About this Author

Partner

Alva Mather* focuses her practice on alcohol beverage and cannabis regulatory and commercial matters. She represents companies in the alcohol beverage industry, including brewers, distillers, wineries, importers and retailers. Additionally, she works with clients in the growing cannabis space and has in-depth knowledge of the evolving legal and regulatory issues facing this industry.

A nationally recognized lawyer, Alva combines her extensive knowledge of the commercial and legal landscape as well as deep understanding of the beverage industry to help clients mitigate risk, respond...

202 756 8940
Associate

Noah Feldman* Greene focuses his practice on antitrust matters.

During law school, Noah served as a judicial intern for the Hon. Beverly Reid O’Connell of the US District Court for the Central District of California. He was senior editor of the Virginia Journal of International Law and participated in the William Minor Lile Moot Court.

*Not admitted to practice in the District of Columbia; admitted only in California. Supervised by principals of the Firm who are members of the District of Columbia Bar.

1 202 756 8426