USDA Delays Enforcement Of Rule Requiring Hemp To Be Tested By DEA-Registered Labs Due To ‘Inadequate’ Capacity

USDA Delays Enforcement Of Rule Requiring Hemp To Be Tested By DEA-Registered Labs Due To ‘Inadequate’ Capacity
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The U.S. Department of Agriculture (USDA) is delaying enforcement of a rule requiring hemp to be tested at laboratories certified by the Drug Enforcement Administration (DEA) due to “inadequate” capacity of such facilities. USDA announced the extended enforcement deadline for the hemp rule in a notice last week, explaining that the DEA laboratory testing requirement will not go into effect on January 1 as originally planned. At earliest, the industry-contested rule will go into force on December 31, 2023. “We are delaying enforcement of these requirements…based on input received from State and Tribal governments and third-party cannabis testing facilities who have experienced delays in completing the DEA laboratory registration process,” the department said. “Because of these delays, USDA is concerned there will be inadequate hemp laboratory testing capacity for the 2023 growing season, which will hinder the growth of a domestic hemp market at this nascent stage,” it said. “Laboratories testing hemp must comply with all other regulatory requirements.” USDA AMS is delaying until Dec. 31, 2023, the enforcement of a requirement that all hemp must be tested by a @DEAHQ registered laboratory. Laboratories testing hemp must comply with all other regulatory requirements.https://t.co/2mSRmjxwvp pic.twitter.com/qk8dqInwh9 — USDA Ag Mktg Service (@USDA_AMS) December 6, 2022 Industry stakeholders have consistently criticized the proposed requirement that hemp could only best tested for THC content at DEA-registered facilities. They’ve argued that the limited capacity has already created a bottlenecking and that laboratories can conduct the testing just as effectively even if they aren’t certified by the federal drug agency. “Furthermore, potential market entrants and related industries are relying on USDA to provide guidance in their preparations for the 2023 growing season, and the Administrator finds there is good cause to exercise enforcement discretion without prior opportunity for notice and comment and to make it immediately…

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Source : USDA Delays Enforcement Of Rule Requiring Hemp To Be Tested By DEA-Registered Labs Due To ‘Inadequate’ Capacity

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