On October 31, 2019, the United States Department of Agriculture
(USDA) published an interim final rule (IFR) on domestic hemp
production.1 This rule establishes a regulatory
framework for USDA oversight of domestic hemp production in
accordance with the 2018 Farm Bill. 2 While many
questions remain about how the federal government, including the
U.S. Food and Drug Administration (FDA), will regulate hemp-derived
products, including cannabidiol (CBD) cosmetics, dietary
supplements, and food products, we've addressed below the most
important takeaways from the IFR with regard to the provisions that
would apply to the farmers who are growing hemp.
Scope of Interim Final Rule
The scope of the IFR is limited to the production, sampling,
testing and disposal of hemp plants. The 2018 Farm Bill and the
IFR's requirements (licensing, etc.) apply to hemp producers,
and the regulations define producers as, essentially, farmers that
grow (or cultivate) hemp plants for market.
