October 21, 2020

Volume X, Number 295

October 21, 2020

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October 20, 2020

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October 19, 2020

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USDA Reopens Comment Period on Interim Regulations for U.S. Hemp Production; Interested in 12 Topics

On September 8, 2020, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) reopened the public comment period on its final interim regulations establishing the U.S. Domestic Hemp Production Program. The final interim regulations, which went into effect on October 31, 2019, provided much-needed guidance to the industry on issues such as testing, harvesting, and transport, though as we previously reported, these regulations are in need of refinement in several areas. AMS will keep the comment period open until October 8, 2020.

While AMS received more than 4,600 comments during the initial comment period that closed in January 2020, it is now encouraging “additional input on several topics identified by commenters.” This reopening of the public comment period allows stakeholders to provide AMS with further insight gained from the 2020 hemp growing season. AMS is particular interested in comments on the following twelve topics:

  1. Measurement of Uncertainty for Sampling
  2. Liquid Chromatography Factor, 0.8777
  3. Disposal of Remediation of Non-Compliant Plants
  4. Negligence
  5. Interstate Commerce
  6. 15-Day Harvest Window
  7. Hemp Seedlings, Microgreens, and Clones
  8. Hemp Breeding and Research
  9. Sampling Methodology—Flower vs. Whole Plant
  10. Sampling Methodology—Homogenous Composition, Frequency, and Volume
  11. Sampling Agents
  12. DEA Laboratory Registration

AMS still plans to issue a final rule by November 1, 2021.

© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 253


About this Author

Mackenzie S. Schoonmaker Environmental Litigation Attorney Beveridge & Diamond New York, NY

Mackenzie’s practice includes both litigation and regulatory matters arising under FIFRA, the Clean Water Act, and related environmental laws.

She is passionate about conserving air, water, wildlife, and land for future generations, and enjoys helping clients navigate and enforce the detailed framework of environmental law because she believes compliance is key to preventing adverse impacts to the environment.

Mackenzie is a co-chair of Beveridge & Diamond’s Industrial Hemp & Cannabis industry team. She advises clients, and regularly writes and presents, on federal...