USDA has reopened their comment period for the interim final rule that was published on Oct. 31, 2019, and established the U.S. Domestic Hemp Production Program. Make your voice heard! The comment period was likely reopened as USDA heard that some requirements of the rule were not achievable, too costly, or just don’t make sense. Comments must be received by October 8, 2020. Read Rural Vermont’s comments as submitted to USDA. 

Written comments should be submitted via the Federal eRulemaking portal at www.regulations.gov. Comments may also be sent via email to farmbill.hemp@usda.gov or sent to USDA/AMS/Specialty Crops Program Hemp Branch, 470 L’Enfant Plaza SW, PO Box 23192, Washington DC 20026.

More information about the provisions of the interim final rule is available here.

The Vermont Agency of Agriculture will submit a state plan to USDA for approval.  If approved, Vermont’s plan require:

• crops complying with a 0.3% total THC concentration, including measurement of uncertainty;

• 15 day sampling to harvest window

• not permitting individuals with felony drug convictions to register with the state program, except as permitted under federal law; and 

• not allowing growers to sample their own crops- growers will need to use disinterested or third party sampling agents.

• Using DEA registered laboratories

For a grower to be covered under the Vermont pilot program, crops must be sampled, tested and harvested before Oct 31, 2020. 

Vermont Hemp Rules are in effect with the exception of the certified laboratory lab program (growers can currently use a lab they have a relationship with even if not certified) and the provisions of the Vermont Branch, which are not launched yet. All aspects of the rules are enforceable, including sampling procedures, recordkeeping, and testing by harvest lot number.  

If you are looking for additional information, check out the Agency of Agriculture’s Hemp Program. 

The USDA released the Interim Federal Rule on the Domestic Hemp Production Program on 10/31/2019. The Interim Rule is effective immediately and sunsets on 10/31/2021, when the Final Rule goes into effect. Comments on the Interim Rule may be submitted up until 1/29/2020, and will be considered by the USDA before the new rules are issued on 11/1/2021. Rural Vermont will provide further analysis and be submitting formal comments on the Federal Interim Hemp Rules in the coming weeks.

For more information, watch this informative webinar on the Federal Interim Rules on Hemp compiled by Vicente Sederberg, LLP and Eric Steenstra from Vote Hemp. Also of note are protocols on USDA Sampling Requirements & USDA Testing Requirements, released separately from the Federal Interim Rules.

States & Tribes with existing Hemp Pilot Programs, such as Vermont, may continue operating under current regulations (dictated in the 2014 Farm Bill) until the State’s plan is submitted to and approved by USDA. The State will submit Vermont’s Hemp Rules for Federal approval by 9/1/2020, and they will be approved on denied within 60 days.

Here’s what you need to know regarding the Federal Interim Rules on Hemp.

Contact mollie@ruralvermont.org for more information, questions, and to get involved.

The VT Agency of Agriculture conducted two required public hearings in June 2019 on the proposed Rules to implement the law governing Vermont’s State Hemp Program. Rural Vermont had representatives at both meetings, provided testimony, and submitted formal comments.

On September 6, 2019 the Vermont Agency of Agriculture, Food, and Markets (VAAFM) issued a response to comments from the public on the proposed Hemp Rules. We have tracked Rural Vermont’s formal comments on the Hemp Rules to the responses provided by VAAFM. Read a breakdown of how VAAFM’s comments to the Rules addressed Rural Vermont’s concerns here. If you haven’t already, we strongly recommend that you:

·         Read the Agency’s proposed rules on production and processing of hemp here.

·         Read Rural Vermont’s comments in full here.

·         Read the Agency’s response to all public comments here.

VAAFM will submit the final Hemp Rules to the VT Legislative Committee on Administrative Rules (LCAR) and then to the USDA for federal approval. The intent of VAAFM was to have the new rules in place in time for the 2019 harvest. Rural Vermont will continue to monitor this process and anticipate the release of the final Hemp Rules and the subsequent development of the Cannabis Quality Control Program. Stay tuned for possible needs for further public engagement from the Hemp community.

In August 2018 Rural Vermont sent a survey to all of Vermont’s registered hemp producers and all the folks in the Rural Vermont database who have identified themselves as interested in hemp. The purpose of the survey was to gather information to help inform Rural Vermont’s strategy for engaging in the upcoming public rule-making process. We expect to have a timeline for the rule-making process by the beginning of 2019. Some highlights from the Hemp Survey:

-76% of the survey respondents identified themselves as currently growing hemp and another 11% indicated they plan to grow soon

-More than half are new to growing hemp and most are small-scale producers growing on an acre or less.

-Over 80% are growing hemp primarily for CBD production with food products (33%) and seed (30%) being the next highest uses

-Biggest barriers were identified as: Access to certified seed; access to information and technical assistance; and development of processing infrastructure

-Biggest concerns for the upcoming rulemaking process are: creating a level and fair regulatory environment before the 2019 growing season and establishing an independent third-party testing and quality control program

Please read our Summary Report on the results of the Hemp Survey and contact us with any questions, ideas, or comments you may have.