|
|
Wisconsin Hemp Pilot Research Program |
Dear hemp licensee and interested stakeholders,
This notice is to provide you with information about program rule changes for the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Hemp Pilot Research Program. A reminder that licensees are responsible for meeting all program rules for growing and processing hemp in Wisconsin.
Starting June 27, 2020, a new emergency rule is effective for the program (https://docs.legis.wisconsin.gov/code/register/2020/774B/register/emr/emr2016_rule_text/emr2016_rule_text). Based on state law, the previous hemp rule was set to expire on July 1. The new rule was required to maintain the program, does not substantially change the program, and growers and processors will see no significant changes. This rule provides the necessary regulatory framework to continue to allow Wisconsin’s hemp growers to plant, grow, and process hemp under the program with minimal but necessary changes to align the rule with state and federal laws (2019 Wisconsin Act 68 and the 2018 Farm Bill). DATCP is required under Wis. Stats. §§ 94.55 (3) and (3w) to promulgate rules to create and implement this program. A summary of the rule changes include the following:
- Updates the definition of hemp.
- Adds definitions for the terms “THC” and “decarboxylated” to clearly state regulatory testing requirements and to provide additional clarity that THC content includes THC-A, consistent with state and federal law, and existing testing requirements.
- Uses the term “lot” instead of “crop” to more clearly explain how regulatory sampling and testing requirements apply to all hemp.
- Uses the term “growing location” instead of “field” and “greenhouse” to refer to where hemp is grown.
- Clarifies that after a failed initial test, the entire lot must be destroyed within 10 days after service of DATCP’s destruction order unless the grower requests a re-test prior to the expiration of the 10 days.
- Clarifies that a grower cannot request re-test of the original sample, but that a grower can request a new sample be collected for re-testing by DATCP.
- Clarifies that a lot must be sampled prior to harvest, but that a lot does not need to be tested prior to harvest.
- Clarifies that a fit for commerce certificate must be obtained by a grower prior to the hemp being transported from the growing location. Allows for movement of harvested hemp within, but not from, a growing location.
- Clarifies that hemp found without a required fit for commerce certificate is subject to destruction.
- Clarifies that a grower with unpaid invoices may not annually register and may be subject to license suspension.
- Updates requirements for the planting report and final report to meet current program practices.
- Updates requirements that a licensee must notify DATCP in writing of the variety of hemp they intend to plant before planting. Licensees may plant only approved varieties.
- Updates the dates and deadlines for transitioning to a new hemp program under the U.S. Department of Agriculture (USDA).
A chart of these changes is also available at https://datcp.wi.gov/Documents/HempER2016Table.pdf.
The 2018 Farm Bill extended the authority provided in the 2014 Farm Bill for states to engage in hemp research as a pilot program. This means Wisconsin’s current hemp pilot research program will expire October 31 and transition to a new program that meets federal requirements of the USDA interim final rule. More details about program changes and the transition to a new program will be sent to licensees when information is available. Information will also be posted on DATCP’s website at https://hemp.wi.gov.
If you have questions, contact DATCP’s Hemp Pilot Research Program through either of the following:
Phone: Toll-free at (844) 449-4367
Email: datcpindustrialhemp@wi.gov
More information about Wisconsin's hemp pilot research program: https://datcp.wi.gov/Pages/Programs_Services/IndustrialHemp.aspx
Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management | Bureau of Plant Industry https://datcp.wi.gov
|