
Following the U.S. Department of Agriculture’s (USDA’s) recent publication of its interim final hemp rule, U.S. Sen. Chuck Schumer (D-NY) is urging the department to extend its public comment period to provide more time for feedback.
The USDA recently told Hemp Grower it is considering the change.
"USDA is considering extending the interim final rule’s public comment period," says a USDA spokesperson. "To date, USDA has received more than 1,000 comments. We continue to encourage all who have an interest to submit their input to help USDA develop a final rule that provides the best tools possible for the industry."
The interim final rule, which was published on Oct. 31, establishes the framework for hemp farmers to carry out business over the next two years with guidance on applying for licenses, sampling, tetrahydrocannabinol (THC) testing and interstate transport. The USDA will deliver a final rule Nov. 1, 2021, in part by using the feedback it receives during the public comment period that ends Dec. 30.
But Schumer, who backed the 2018 Farm Bill, recently called on the USDA to extend that comment period an additional 60 days to give producers, farmers and advocacy groups ample time to express their grievances with the rule.
“Although I appreciate the work USDA has done thus far to develop this rule, I have heard expressions of widespread concerns and industry uncertainty from stakeholders throughout New York State,” Schumer wrote in a letter to U.S. Secretary of Agriculture Sonny Perdue. “I am concerned that this interim final rule includes regulations that could have harmful effects on hemp production in New York State and across the country.”
Schumer, who represents New York state, said farmers there have concerns over the time frame for sampling and testing hemp, the lack of available testing labs and testing guidelines for tetrahydrocannabinol (THC).
Under the rule, producers would have a 15-day timeframe for the harvesting, sampling and testing of crops. But many experts, including Schumer, say testing can take several days alone, creating a tight time frame for farmers. The rule also dictates that testing labs be registered with the Drug Enforcement Administration (DEA), which are only available in states where THC-rich cannabis is legal, creating the potential for lab shortages and more slowdowns in the testing process.
Schumer says in his letter that another concern revolves around farmers’ inability to salvage or retest crops that test above the 0.3% THC threshold. Concerns also exist regarding crop insurance, which is difficult to obtain and in many cases doesn’t grant protections to crops that do test above the allowed THC threshold.
Schumer’s concerns reflect many of the more than 1,000 comments that have been submitted to the USDA so far.
“When it comes to an industry as promising as industrial hemp in the Rochester-Finger Lakes Region [in New York], the feds need to get it right the first time and not rush to any reckless regulatory decisions. Regulating this rapidly emerging industry is a must, but any rules must be part of a well thought-out process that carefully considers the needs of all stakeholders, from farmers and growers to producers and manufacturers,” Schumer said in a press release. “These hemp experts have serious fears about how this proposed rulemaking could impose unrealistic or poorly thought-out rules, restrict their industry, cut off growth and stop the creation of good-paying jobs. So, it is incumbent on USDA, the chief agricultural regulators in the United States, to hear them out and make improvements to the final regulations that are balanced and smart.”
Editor's Note: This article has been updated to reflect the USDA's response to Schumer's request.