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USDA Re-opens Comments to Interim Final Rule

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The USDA today re-opened comments to the USDA’s Interim Final Rule (the “IFR”) regulating hemp production nationwide. As most hemp producers know, even after comments closed in January of this year, there are many portions of the IFR that could be improved through the input of the people most affected by the rule. Oregon’s hemp plan is currently under review with the USDA, and changes to the IRF at this point could positively impact Oregon’s hemp industry moving forward. If you are interested in submitting comments you can do so through the Federal Register. We are also happy to assist if you would like us to submit comments on your behalf. The USDA is specifically looking for comments on the following:
  • Measurement of Uncertainty for Sampling (USDA is seeking more information and alternative proposals)
  • Liquid Chromatography Factor, 0.877 (THCA conversion formula)
  • Disposal and Remediation of Non-Compliant Plants
  • Negligence (specifically, comments to raising the negligence threshold from .5% to 1% THC)
  • Interstate Commerce (whether the current rule is sufficient or other documents should accompany shipments of hemp)
  • 15-day Harvest Window (specifically, comments as to increasing the window to 30 days)
  • Hemp seedlings, microgreens, and clones (testing requirements for non-flowering plants)
  • Hemp breeding and research (whether researchers should be required to be licensed)
  • Sampling Methodology – Flower vs. Whole Plant
  • Sampling Methodology – Homogenous Composition, Frequency, and Volume
  • Sampling Agents (specifically, comments on training for agents)
  • DEA Laboratory Registration (USDA would like comments on whether DEA lab requirements should be removed permanently, and how to comply with the Controlled Substances Act)
Comments are due no later than October 8, 2020. If you already submitted comments, and don’t wish to make changes to your previous comments, you do not need to submit again. Any new or additional comments must be received by the USDA no later than October 8, 2020. If you have any questions, please reach out to us at Green Light Law Group (503) 488-5424.
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Green Light Attorneys Perry N. Salzhauer, Daniel Shortt, and Brittany Adikes have joined McGlinchey Stafford