regulations for processing hemp cbd oil

Regulations for processing hemp cbd oil

Hemp means the plant species Cannabis sativa L. and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis.

Under State and Federal law, the CDA tests for total THC through the process of post-decarboxylation.

The Colorado Department of Agriculture’s Hemp Program regulates only the cultivation of hemp. The Department also administers a certified seed program.

The Hemp Program does not have jurisdiction over the processing, sale or distribution of hemp.

Regulations for processing hemp cbd oil

Plant Industry Services

Industrial Hemp

Marijuana licenses; April 2021 update

The Virginia General Assembly recently passed legislation that establishes the Virginia Cannabis Control Authority, which will oversee Virginia’s adult use marijuana program, and a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, marijuana wholesalers, and retail marijuana stores. This regulatory scheme will need to be reenacted, or passed again, by the General Assembly in 2022 in order to take effect.

The applications for a license to operate a marijuana cultivation facility, marijuana manufacturing facility, marijuana testing facility, marijuana wholesaler, and retail marijuana store will be made available by the Virginia Cannabis Control Authority, once that agency is established and develops the licensure program.

For more information regarding Virginia’s Cannabis Program, please visit Cannabis.Virginia.gov

USDA’s Final Hemp Production Rule

On November 19, 2021, USDA approved VDACS’s Plan to Regulate Hemp Production in the Commonwealth. As such, beginning January 1, 2022, VDACS will regulate industrial hemp production in Virginia in accordance with the 2018 federal Farm Bill’s hemp provisions, USDA’s Domestic Hemp Production Program regulation, and the Virginia Industrial Hemp Law. Should the federal government provide new flexibility in the regulation of the production of industrial hemp, VDACS will consider the implementation of any program modifications that will benefit Virginia’s industrial hemp growers.

2022 Hemp Growing Season in Virginia

In order to comply with federal law regarding hemp production, VDACS’s regulation of industrial hemp growers in Virginia will be different in 2022 than it has been in previous years.
Notably, federal law requires that VDACS review an individual’s criminal history report before authorizing the individual to grow industrial hemp. Before you may grow industrial hemp in 2022, you must submit your FBI Identity History Summary to VDACS. Additionally, growers will need to obtain a farm number from USDA’s Farm Service Agency and must sample and test each of their industrial hemp lots no more than 30 days before harvest. Please review the Know Before You Grow (pdf) document for additional information regarding the requirements to grow industrial hemp in Virginia.
As it has in previous years, VDACS will continue to assess compliance using an industrial hemp lot’s post-decarboxylation delta-9 THC (aka Total THC). The THC concentration of your hemp crop may not exceed 0.3 percent Total THC.

Industrial Hemp Grower Registration
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  • Find a VDACS-approved Testing Laboratory (coming soon)

“Grower” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to plant, cultivate, or harvest industrial hemp. The application fee for an Industrial Hemp Grower Registration is $150.

Industrial Hemp Registrations are annual registrations that expire one year from the date of issuance. There is no deadline to apply; however, the process to review applications and issue Industrial Hemp Grower, Processor, and Dealer Registrations is taking approximately 45 days.

Before you submit an application for an Industrial Hemp Grower Registration or the Industrial Hemp Grower Supplemental Application, you will need to obtain an FBI Identity History Summary. The FBI Identity History Summary you submit to VDACS may not be dated more than 60 days before the date of your application. If a business entity holds or will hold an Industrial Hemp Grower Registration, all key participants in the business must obtain an FBI Identity History Summary. A “key participant” is a sole proprietor; each partner in a partnership; or each person with executive managerial control in a corporation, including the chief executive officer, the chief operating officer, and the chief financial officer.

If your current Industrial Hemp Grower Registration was issued between July 1, 2021, and December 13, 2021, you will need to submit an Industrial Hemp Grower Registration supplemental application before you may grow in 2022. If you will be in possession of hemp plants on January 1, 2021, please submit this supplemental application as soon as possible.

If your current Industrial Hemp Grower Registration expires on or before June 30, 2022, you will need to apply for a new Industrial Hemp Grower Registration before you can grow in 2022.

Industrial Hemp Lot Updates
To change or add an industrial hemp lot (production field) to your registration, complete the form below.

Planting Report
A Registered Industrial Hemp Grower must submit a planting report within 14 calendar days of planting seeds, clones, or cuttings. If you plant multiple times throughout the growing season, you will need to submit multiple planting reports.

If you do not plant industrial hemp on an industrial hemp lot stated on your registration, you must submit a planting report for that lot by July 31.

Harvest Report
A Registered Industrial Hemp Grower must submit a harvest report within 5 days of harvesting an industrial hemp lot.

  • Harvest Report (coming soon)

Disposal Report
An industrial hemp lot with a THC concentration that exceeds the acceptable industrial hemp THC level must be remediated or disposed of.

  • Disposal Report (coming soon)

Agent
A Registered Industrial Hemp Grower may wish to provide an “Agent Documentation” form to each person you intend to serve as your agent for the limited purpose of growing industrial hemp. You do not need to submit this form to VDACS.

Grower resources

Sampling and Testing Industrial Hemp

Become a Sampling Agent who Conducts Regulatory Sampling

Anyone who will collect pre-harvest or post-remediation industrial hemp samples used to determine an industrial hemp lot’s compliance with the Virginia Industrial Hemp Law must:

  • Complete USDA’s Sampling Agent Training,
  • Read VDACS’s 2022 Field Sampling Guidelines (pdf), and
  • Be listed on VDACS’s Trained Sampling Agents List.

Sampling Agents collecting an industrial hemp sample that will used to determine an industrial hemp lot’s compliance with the Virginia Industrial Hemp Law must follow the sample collection procedures described in VDACS’s 2022 Field Sampling Guidelines.

In order to be added to VDACS’s Trained Sampling Agents List, complete USDA’s Sampling Agent Training, read VDACS’s 2022 Field Sampling Guidelines, then submit the Industrial Hemp Sampling Agent application.

Become a Laboratory that Conducts Regulatory Testing

Any laboratory that will analyze the THC concentration of a pre-harvest or post-remediation industrial hemp sample used to determine a lot’s compliance with the Virginia Industrial Hemp Law must:

  • Use gas or liquid chromatography with detection,
  • Document it is able to meet the requirements in 7 CFR 990.3(a)(3)(iii),
  • Be approved to conduct regulatory testing by VDACS,
  • Report certain information, including test results, to VDACS via email, and
  • Report certain information, including test results, to USDA via USDA’s Hemp eManagement Platform.

To receive VDACS approval to conduct regulatory testing, a laboratory must submit the Industrial Hemp Testing Laboratory application and required documentation.

Find a Sampling Agent or a Testing Laboratory

Registered Industrial Hemp Growers must hire a sampling agent listed on VDACS’s Trained Sampling Agents List to collect a representative sample of each lot of industrial hemp no more than 30 days before the lot is harvested.

Registered Industrial Hemp Growers are responsible for selecting a sampling agent and a testing laboratory. The grower is responsible for cost of sampling, sample delivery or shipping, and testing.

VDACS-approved Testing Laboratories that are eligible to conduct regulatory testing will be listed here.

Industrial Hemp Dealer Registration

“Dealer” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to deal in industrial hemp. “Dealer” does not include a retail establishment that sells or offers for sale a hemp product. An industrial hemp registration is not needed to sell a hemp product.

“Deal” means to temporarily possess industrial hemp grown in compliance with state or federal law that (i) has not been processed and (ii) was not grown and will not be processed by the person temporarily possessing it.

To apply for an Industrial Hemp Dealer Registration or to renew your Industrial Hemp Dealer Registration, complete the application below. The application fee is $250.

For information regarding how to obtain the coordinates for your dealership location(s), please click here.

Dealership Updates
To change or add a dealership to your registration or to change the name or contact information associated with your registration, complete the form below.

Agent
A Registered Industrial Hemp Dealer may wish to provide an “Agent Documentation” form to each person you intend to serve as your agent for the limited purpose of dealing industrial hemp. You do not need to submit this form to VDACS.

Industrial Hemp Processor Registration

“Processor” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to convert industrial hemp into a hemp product. “Hemp product” means any finished product that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption.

To apply for an Industrial Hemp Processor Registration or to renew your Industrial Hemp Processor Registration, complete the application below. The application fee is $200.

Please click here for more information regarding the Industrial Hemp Processor Registration.

For information regarding how to obtain the coordinates for your process site(s), please click here.

Process Site Updates
To change or add a process site to your registration, complete the form below.

Agent
A Registered Industrial Hemp Processor may wish to provide an “Agent Documentation” form to each person you intend to serve as your agent for the limited purpose of processing industrial hemp. You do not need to submit this form to VDACS.

Finding a Registered Industrial Hemp Dealer or Processor

Section 3.2-4115(D) of the Virginia Industrial Hemp Law provides that all records, data, and information filed in support of an industrial hemp grower, dealer, or processor registration application shall be considered proprietary and excluded from the provisions of the Virginia Freedom of Information Act (FOIA). Despite this exclusion from FOIA, some registered dealers or processors have requested that VDACS provide the public with certain information.

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Other Considerations

If your hemp product is intended for human consumption:

On July 15, 2019, the Commissioner of Agriculture and Consumer Services advised Registered Industrial Hemp Processors that the Northam Administration has directed VDACS to treat hemp-derived extracts intended for human consumption as approved food additives and to place qualifying Registered Industrial Hemp Processors under food safety inspection so that inspected and approved processors may manufacture a hemp-derived extract intended for human consumption.

Registered Industrial Hemp Processors who plan to produce a hemp-derived extract intended for human consumption should review VDACS’s Food Safety Program’s letter dated July 25, 2019, outlining the current policy directives and submit an application to operate as a Manufacturer of a Hemp-Derived Extract Intended for Human Consumption. Please contact VDACS’s Food Safety Program for additional information.

If your intended hemp-derived product is not an extract but is intended for human consumption, please contact VDACS’s Food Safety Program for additional information.

Please note that the requirements in Virginia’s Food and Drink Law do not pertain to the production or sale of topical products.

If you intend to distribute industrial hemp planting seed in Virginia, please review Virginia’s Seed Law and contact VDACS’s Agricultural Commodities Team for additional information on obtaining a Seed Dealers License.

If you intend to bring hemp clones or plants into Virginia, please contact VDACS’s Office of Plant Industry Services to determine whether a phytosanitary certificate is needed to do such.

VDACS has issued information to assist industrial hemp growers in identifying pesticide products that may be used on hemp crops grown in Virginia.

Information regarding VDACS’s pesticide product registration process and currently registered pesticides is available here . Please contact VDACS’s Office of Pesticide Services if you have questions regarding pesticide use in Virginia.

Industrial Hemp Industry Development Work Group

Chapter 745 of the 2020 Acts of Assembly requires VDACS to convene a Work Group to assess the opportunities for development and manufacturing in the industrial hemp industry. The legislation establishes the membership of the Work Group and directs the Work Group to consider the following six areas in its assessment of opportunities for development and manufacturing in the industrial hemp industry: (i) federal and state requirements; (ii) key drivers and challenges; (iii) anticipated job growth and wage expectations; (iv) talent and skill requirements; (v) site and building needs; and (vi) manufacturing companies and supply chain requirements. If you have questions regarding this work group, please contact Stephen Versen, Program Manager, Office of Agriculture and Forestry Development, at [email protected]

Below are links to the Work Group’s agendas, minutes, and meeting recordings.