Hemp Production

Baystate Organic Certifiers is accepting hemp crop and handling applications, but please note that certification will require compliance with state requirements for licensing. Where the Farm Bill legalizes hemp, it also sketches out a regulatory framework in new Subtitle G to the Agricultural Marketing Act of 1946 (7 U.S.C. § 1621 et seq.). Producers should be aware that the farm bill implementation by the USDA may result in additional regulations for hemp production beyond already stated requirements for state permits and testing for THC levels. Producers interested in hemp production should contact Eric Hanson or Don Franczyk with questions about certifying hemp.

USDA Publishes Final Rule for the Domestic Production of Hemp (posted Jan. 15, 2021)

The U.S. Department of Agriculture (USDA) today announced the final rule regulating the production of hemp in the United States. The final rule incorporates modifications to regulations established under the interim final rule (IFR) published in October 2019. The modifications are based on public comments following the publication of the IFR and lessons learned during the 2020 growing season. The final rule is available for viewing in the Federal Register and will be effective on March 22, 2021.

“With the publication of this final rule, USDA brings to a close a full and transparent rule-making process that started with a hemp listening session in March 2019,” said USDA Marketing and Regulatory Programs Under Secretary Greg Ibach. “USDA staff have taken the information you have provided through three comment periods and from your experiences over a growing season to develop regulations that meet Congressional intent while providing a fair, consistent, science-based process for states, tribes and individual producers. USDA staff will continue to conduct education and outreach to help industry achieve compliance with the requirements.”

Key provisions of the final rule include licensing requirements; recordkeeping requirements for maintaining information about the land where hemp is produced; procedures for testing the THC concentration levels for hemp; procedures for disposing of non-compliant plants; compliance provisions; and procedures for handling violations.

Background: 

On Oct. 31, 2019, USDA published the IFR that provided specific details on the process and criteria for review of plans USDA receives from states and Indian tribes regarding the production of hemp and established a plan to monitor and regulate the production of hemp in those states or Indian tribes that do not have an approved state or Tribal plan.

The IFR was effective immediately after publication in the Federal Register and provided a 60-day public comment period. On Dec. 17, 2019, USDA extended the comment period until Jan. 29, 2020, to allow stakeholders additional time to provide feedback. USDA re-opened the comment period for 30 days, from Sept. 8 to Oct. 8, 2020 seeking additional comments from all stakeholders, especially those who were subject to the regulatory requirements of the IFR during the 2020 production cycle. In all, USDA received about 5,900 comments.

On Feb. 27, 2020, USDA announced the delay of enforcement of the requirement for labs to be registered by the Drug Enforcement Administration (DEA) and the requirement that producers use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants under certain circumstances until Oct. 31, 2021, or the final rule is published, whichever comes first. This delay has been further extended in the final rule to December 2022.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) directed USDA to issue regulations and guidance to implement a program for the commercial production of hemp in the United States. The authority for hemp production provided in the 2014 Farm Bill was extended until January 1, 2022, by the Continuing Appropriations Act, 2021, and Other Extensions Act (Pub. L. 116-260) (2021 Continuing Appropriations Act) allowing states and institutions of higher education to continue to grow or cultivate industrial hemp at certified and registered locations within the state for research and education purposes under the authorities of the 2014 Farm Bill.

More information about the provisions of the final rule is available on the Hemp Production web page on the Agricultural Marketing Service (AMS) website.

Instruction on Organic Certification of Industrial Hemp (posted Dec. 2, 2019)

The National Organic Program updated NOP 2040: Instruction on Organic Certification of Industrial Hemp. The updated instruction applies to all USDA-accredited certifying agents and replaces the August 2016 version of NOP 2040. The revised policy allows hemp produced in the United States under the U.S. Domestic Hemp Production Program to be certified as organic under the USDA organic regulations.USDA accredited certifiers and farms should direct questions about the status of their State or Tribal hemp program to State and Tribal officials. For imported hemp, existing regulations and guidelines continue to govern whether products may be certified as organic.

Here is a link to updated guidance from the FDA regarding CBD oil use: HERE.

Pesticide Products Registered for Use on Hemp (EPA)

Please note: check with your state Department of Agriculture to make sure that the products are registered or licensed in the state you are growing hemp in prior to any use. 

Biopesticides

  • EPA Registration Number: 70310-5. Applicant: Agro Logistic Systems, Inc. Active ingredients: Azadirachtin and Neem Oil. Product type: Insecticide, Miticide, Fungicide, and Nematicide.  Debug Turbo – Allowed with Restrictions (Prevention must be used first, OMRI listed)
  • EPA Registration Number: 70310-7. Applicant: Agro Logistic Systems, Inc. Active ingredients: Azadirachtin and Neem Oil. Product type: Insecticide, Miticide, Fungicide, and Nematicide. Debug Optimo – Allowed with Restrictions (Prevention must be used first, OMRI listed)
  • EPA Registration Number: 70310-8. Applicant: Agro Logistic Systems, Inc. Active ingredients: Azadirachtin and Neem Oil. Product type: Insecticide, Miticide, Fungicide, and Nematicide. Debug Tres – Allowed with Restrictions (Prevention must be used first, OMRI listed)
  • EPA Registration Number: 70310-11. Applicant: Agro Logistic Systems, Inc. Active ingredient: Neem Oil. Product type: Insecticide, Miticide, and Fungicide. Debug-On – Allowed with Restrictions (Prevention must be used first, OMRI listed)
  • EPA Registration Number: 84059-3. Applicant: Marrone Bio Innovations, D/B/A Marrone Bio Innovations, Inc. Active ingredient: Extract of Reynoutria sachalinensis. Product type: Fungicide and Fungistat. Regalia Biofungicide Concentrate – Allowed with Restrictions (Prevention must be used first, OMRI listed)
  • EPA Registration Number: 84059-28. Applicant: Marrone Bio Innovations, D/B/A Marrone Bio Innovations, Inc. Active ingredient: Bacillus amyloliquefaciens strain F727. Product type: Fungicide. MBI-110 EP – Organic use TBD
  • EPA Registration Number: 91865-1. Applicant: Hawthorne Hydroponics LLC, D/B/A General Hydroponics. Active ingredients: Soybean Oil, Garlic Oil, and Capsicum Oleoresin Extract. Product type: Insecticide and Repellent. GH CMT insect repellant concentrate –  Organic use TBD
  • EPA Registration Number: 91865-3. Applicant: Hawthorne Hydroponics LLC, D/B/A General Hydroponics. Active ingredient: Bacillus amyloliquefaciens strain D747. Product type: Fungicide and Bactericide.  GH DNMT – Organic use TBD
  • EPA Registration Number: 91865-4. Applicant: Hawthorne Hydroponics LLC, D/B/A General Hydroponics. Active ingredient: Azadirachtin. Product type: Insect Growth Regulator and Repellent. GH NAMT Organic use TBD

Conventional Pesticides

  • EPA Registration Number: 91865-2. Applicant: Hawthorne Hydroponics LLC, D/B/A General Hydroponics. Active ingredient: Potassium Salts of Fatty Acids. Product type: Insecticide, Fungicide, and Miticide. GH MPMT – PROHIBITED for Organic Production