On January 19, 2021, the USDA will issue the first federal final agency regulation governing hemp production. A sneak peek of the Agricultural Marketing Service (AMS) rule is available here. The final rule will become effective on March 22, 2021.
DEA Registration for Testing Laboratories Required for All Labs Testing Hemp (Even Unofficial Samples Throughout the Growing Season)
Laboratory Accreditation Not Required
Testing for Total THC Required
Harvest Window Expanded
Performance-based Sampling Permitted
Where to Take Samples from the Plant
Designated Sampling Agents
Disposal of Non-compliant Plants Still Required, but With More Flexible Options
Negligence Standard Increased to 1%
While it will take time to digest the content and fully appreciate the implications, we want share some to highlights provided by Vicente Sederberg, LLP. Please reach out to their hemp team to discuss the USDA Final Rule.