USDA bulletin clarifies position and provides avenue for hemp imports
The U.S. Department of Agriculture (USDA) sent a bulletin Friday morning clarifying its stance and policy on the importation of hemp seeds.
The bulletin further specifies that the Justice Department no longer has a role in that process.
Multiple outlets have reported on problems faced by farmers who have imported hemp seeds since 2014 now facing overreaching regulation from Customs and Border Patrol. Including a letter written by Sen. Jon Tester (D-MT) and Sen. Patrick Leahy (D-VT) obtained by VoteHemp calling for CBP to clarify its position and reeducate port agents with updated guidance.
Full text of the USDA bulletin follows below:
USDA Agricultural Marketing Service
Importation of Hemp Seeds
The passing of the Agriculture Improvement Act of 2018 (2018 Farm Bill, Section 10113) removed hemp and hemp seeds from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances. This action removed hemp and hemp seeds from DEA authority for products containing THC levels not greater than 0.3 percent. Therefore, DEA no longer has authority to require hemp seed permits for import purposes.
U.S. producers and hemp seed exporters have requested assistance from USDA to provide an avenue for hemp seed exports to the United States. The U.S. Department of Agriculture (USDA) regulates the importation of all seeds for planting to ensure safe agricultural trade. Under this authority, USDA is providing an alternative way for the safe importation of hemp seeds into the United States.
Importation of Hemp Seed from Canada
Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.
Importation of Hemp Seed from Countries other than Canada
Hemp seeds may be imported into the United States from countries other than Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.
Hemp seed shipments may be inspected upon arrival at the first port of entry by Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.