ESB 5372 Has Been Signed by the Governor!!
IHEMPAWA brought this legislation to Olympia as a collaboration of stakeholders working with the WSDA. Hemp processors and businesses are being asked for a hemp processing license and required documentation to sell and market in various states as well as for final products into export markets. Insurance companies and banks also are requiring documentation for processing locations. This bill allows the WSDA to offer a voluntary registration in lieu of a license that will provide the legal documentation needed in most cases for the hemp industry to enter interstate and international markets and do business in Washington State. Some processors will choose to have both the hemp producers license and a processor registration. Hemp processor is defined as a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.
The bill was amended from the original version to include a Hemp Extract Certification. A hemp processor may obtain a voluntary hemp extract certification to allow its use as a food ingredient in another state that allows the use of hemp extract as a food ingredient. WSDA must regulate hemp extract processing the same as other food processing and issue a hemp extract certification in lieu of a food processing license to a hemp processor who meets application requirements. WSDA's oversight is limited to certifying a hemp processor's compliance with applicable inspection and good manufacturing practices requirements. WSDA may adopt rules specific to hemp extract certification and must establish application, initial certification, and renewal fees. A hemp processor holding a hemp extract certification must apply for renewal of the certification annually. Applicants for certification must meet the same requirements as applicants for a food processing license including, but not limited to, successful completion of an inspection by WSDA. WSDA may deny, suspend, or revoke a hemp extract certification on the same grounds that are used for denial, suspension, or revocation of a food processor's license.
The USDA has released Final Rules for Hemp and they have been made official by the USDA Secretary Tom Vilsack. These rules take effect March 22, 2021. This is what we have until the next Farm Bill comes out and they start all over again with rule making and we see another round of interim then final rules.
30 Day Testing Window for THC Compliance instead of 15 days
Hot Crop Remediation and Destruction Options
Drying is part of harvesting which allows for the movement of hemp crops to a off site drying location after the test is taken but before results are given to farmers. Must declare location of drying and storage on your hemp application or modify your license to include.
No whole plant or homogenized post harvest sample (unless farmers fail first) as IHEMPAWA pushed hard for and actually wrote and passed legislation in WA for in 2019. The top 8 inches of the plant is where samples for compliance testing will be taken from.
Continued lack of clarification on the path to standardized THC testing
DEA Lab Certification
The 2018 Farm Bill was signed into law on December 20, 2018 legalizing Hemp in all 50 states! Now there is much work to do in Washington State to bring us in line with the Farm Bill regarding hemp. Legislation has to be passed in the next session beginning mid January to change our state language to open up farming and the supply chain. It will be at least 6 months before the new hemp program will be in affect and new licenses are available. Hemp field GPS coordinates and THC results are mandatory under the 2018 Farm Bill.
The WSDA must submit a proposal to the USDA for approval of our new program. It will be at least 6 months before the new hemp program will be in affect and licenses available. There is a chance the time frame for state laws to change may be after the 2019 planting season begins. Washington's Hemp Research Pilot Program will expire January 1, 2020. The current program rules and regulations will be in effect until state law is implemented and new rules and regulations written and signed off on. There will most likely be a Grandfather Clause for IHRP licensees to move over to the New Program rules and regulations.
A WSDA request for hemp funding was not included in the Governor's budget but is going to be put in this coming legislative session in another form. There are back up plans. I will let you know more on funding and other new hemp program specifics when I have details. Stay Tuned for updates on developments.
Promoting the research and development of Industrial Hemp as an agricultural crop in Washington State as a viable and sustainable ultimate renewable natural resource through the Industrial Hemp Research Pilot Program. Supporting and educating pioneers in the field while advocating legislation on their behalves. Members share research and resources as growers, seed and equipment suppliers, food and building material processors, organizations and those who dare to reinvent the wheel to fit into our industry. We are building a sustainable re-emerging industry together. We are here to answer when asked, What is Industrial Hemp and what is it used for?, How do I get a License to grown hemp in WA? How do you grow Industrial Hemp?
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