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Meghan Jones

Senate Farm Bill Text Released! Rural Prosperity and Food Security Act Includes Total THC Hemp Definition & New Regulations for Industrial Hemp!


Chairwoman Stabenow Introduces Rural Prosperity and Food Security Act
Chairwoman Stabenow Introduces Rural Prosperity and Food Security Act

U.S. Senate Agriculture, Nutrition, and Forestry Committee Chairwoman Debbie Stabenow (D-MI) introduced the Rural Prosperity and Food Security Act Monday. The bill allocates $39 billion in new spending to “keep farmers farming, families fed, and rural communities strong.”


“The foundation of every successful Farm Bill is built on holding together the broad, bipartisan Farm Bill coalition. This is a strong bill that invests in all of agriculture, helps families put food on the table, supports rural prosperity, and holds that coalition together.”

- Chairwoman Debbie Stabenow


Amid language to support farmers, rural communities, and food assistance programs, the Senate's Rural Prosperity and Food Security Act also included Industrial Hemp Act language which seeks to bolster the industrial hemp sectors of the industry and make it easier for farmers to grow industrial hemp grain and fiber while avoiding burdensome regulatory requirements.


Regarding hemp, the Rural Prosperity and Food Security Act:

  • Updates the definition of hemp to include Total THC (including THCA)

    • Specifies the testing procedure required for total THC levels

    • Violations related to total THC (including THCA)

  • Includes new definition of industrial hemp & new regulatory framework

    • Provides for the designation of the type of production on licensee application "industrial hemp" or "hemp for any purpose"

      • For those who select only industrial hemp, no background check will be required

    • Provides for testing of industrial hemp "using relaxed regulatory requirements, which may include— 

      • visual inspections; 

      • performance-based sampling methodologies;  

      • certified seed, if the applicable State or Indian tribe is participating in the pilot program; or 

      • any other similar procedure, as approved by the Secretary, when developing sampling plans for any producer that elects to be designated as a producer of only industrial hemp

    • Includes a 5-year ineligibility clause for a producer with a culpable mental state greater than negligence, who produces a crop of hemp that is inconsistent with that license 

  • Strikes authority for corrective action plans



The Rural Prosperity and Food Security Act also establishes a Certified Seed Pilot Program: 

  • Authorizes Secretary to establish certified seed pilot program in up to 5 states or Indian Tribes

  • Certify varieties of seeds bred to produce plants with a total THC concentration of not more than 0.3 % on a dry weight basis.

  • Requires regulation of seed vendors

  • Allows application my producer for exemption of testing if part of pilot program

    • "hemp producer that produces hemp using a variety of seed certified ...may submit to the applicable State Department of Agriculture, or equivalent Tribal government agency, an application for an exemption from the testing requirements"

    • If the exemption is approved, it shall expire 3 years after the date of exemption

but producers can reapply for the exemption after its expiration


Impact on State or Tribal Law: 

  • Provides that nothing preempts or limits any state or Indian trial law that regulates any activity involving hemp or hemp products, including with respect to the production, manufacture, or sale of hemp or hemp products.


Courtney Moran Featured on Podcast to discuss the Rural Prosperity and Food Security Act

Courtney Moran Featured on Podcast to discuss the Rural Prosperity and Food Security Act

EARTH Law, LLC's Founding Principal Courtney N. Moran, LL.M. was featured on the Karma Koala Podcast on the day of the Senate Farm Bill introduction to discuss the bill proposals and potential impact on the hemp industry. Listen to the Podcast here or on Spotify here.


Rural Prosperity and Food Security Act Details

Rural Prosperity and Food Security Act Full Bill Text

Rural Prosperity and Food Security Act Bill Summary

 

Do you have questions about how this Senate Farm Bill proposal could impact your business?


Are you concerned about compliance with the proposed total THC definition of hemp?


Is your business seeking clarification on federal or state-level hemp laws and regulations?


Our expert team is happy to assist. Please email us at info@earthlawllc.com or give us a call at 541-632-3946 today!

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