NYS Authorized Hemp Growers received this message from Commissioner Ball on Aug. 14, 2020:
In October 2019, the USDA issued its Interim Final Rule governing the licensing and cultivation of hemp. The [NYS Department of Agriculture and Markets] found substantial elements of the USDA’s requirements to be very challenging and contrary to Congress’ objective of stimulating the hemp industry. The Department shared its concerns with the USDA in hopes of timely revisions for the 2021 planting season.
Unfortunately, as of today, the Interim Rule remains unchanged. It is the Department’s view that many of the requirements concerning the scope and timing of sampling and testing, the disposal of non-compliant plants, and reporting are unrealistic and impose unreasonable burdens on growers and any state interested in administering a compliant program.
As such, the Department has notified USDA that it will not be submitting a state plan for the 2021 growing season. Unless the 2014 Farm Bill is extended or the USDA otherwise agrees to change its requirements for the 2021 growing season, it appears that growers interested in cultivating an industrial hemp crop in 2021 will need to apply to USDA for a producer license.
To visit the USDA Ag Marketing Service (AMS) Hemp Program website and to view their grower’s license application, please see https://www.ams.usda.gov/rules-regulations/hemp/information-producers.