The Honorable Greg Ibach 

Under Secretary of Agriculture for Marketing and Regulatory Programs

U.S. Department of Agriculture

1400 Independence Avenue SW

Washington, DC 20250

Re: Comments on USDA AMS Interim Final Rule Establishing a Domestic Hemp Production Program; Submitted by the Industrial Hemp Association of WA in conjunction with the Association of Western Hemp Professionals. 

I am contacting you to comment as Bonny Jo Peterson, Executive Director of the Industrial Hemp Association of WA(IHEMPAWA) on behalf of our members. IHEMPAWA is a Washington State Hemp Trade Association started in 2017 and were part of a work group of WSDA representatives, legislators and members who spent a year writing the Washington Hemp Commodity Program legislation signed into law on April 26, 2019. We are also founding members of the newly-formed hemp industry trade group, the Association of Western Hemp Professionals (AWHP). As being among the primary authors of official comments, we cite it as illustration [citation in appendix], the main points of which are listed below:

Our proposed adjustments to the USDA Rules require that USDA develop a program which incorporates the following four critical elements:

1. A sampling program based on using a homogenized sample that consists of 25% -30% flower and the remainder being made up of stem/leaf and stalk. 

2. A testing program that is at least 30 days before harvest or a post-harvest test.

3. A phase-in period for DEA lab registration.

4. Allowance to move a crop from field to drying facility prior to testing results even if that entails moving the crop between independent license holders. 

To expand further, we would like to highlight some of the issues Washington hemp farmers had in 2019 under the IHRP with a 30 day pre harvest test using a whole plant representative sample. As mentioned, the 15 day pre harvest test is not long enough with testing turnaround time with harvesting and drying issues. Most first year hemp farmers planted late and harvested in late September and through October. Multiple hemp samples, sometimes 40 wet samples would be delivered on the same day to the WSDA contracted testing lab causing 10-14 day turn around times where farmers had to wait for testing results before harvesting and moving their crops to be dried off the licensed property. This fall had early frost and freezing weather.

One farm in particular of 100 acres, had to wait to 3 weeks past planned harvest without drying capabilities on site. Another hemp farm of 300 acres lost 40% of their crop with weather issues and harvesting difficulties. The 30 days is not perfect but is possible with proper sampling and testing procedures in place as we learn. The 15 day pre harvest will be next to impossible. 

A post harvest test based on a homogenized whole plant sample was passed as part of our new WA hemp program.This procedure would be representative of product entering the market. Under the IFR, we our not able to use the procedure for sampling and testing as planned. A whole plant representative sample for pre harvest as we developed is cited in the appendix as well as for post harvest as a redline of guidelines along with testing guidelines. Filtering out the stems and stalks from the top 1/3 of the plant below the flower will not be representative as an example attached shows.

Washington is under our new program as of January 1, 2020 we do not have the option to continue under the IHRP due to state statue. Expedited changes to sampling and testing before the 2020 season begins is crucial to our hemp industry in Washington and nationally. 

*Appendix is attached

Thank you for your time and consideration,

Bonny Jo Peterson, 

Executive Director 

Industrial Hemp Association of WA

(for the membership of the Industrial Hemp Association of WA)

Board Members

Jason Zitzer, Trace Analytics

Dylan Summers, Lazarus Naturals

Bill Cyr, Unique Food Works

Robert Cook, Columbia Valley Hemp Co.