WSR 18-05-050

INTERPRETIVE STATEMENT

[Filed February 14, 2018, 10:47 a.m.]

Subject: Clarification regarding industrial hemp program regulations applicable to industrial hemp after processing as a "publicly marketable hemp product."

Supersedes: N/A.

Contact: Victor Shaul, Seed Inspection Program Manager, email hemp@agr.wa.gov, phone 509-249-6950.

Date Approved: February 13, 2018.

To provide clarity regarding industrial hemp program regulations applicable to processed industrial hemp, the Washington state department of agriculture (WSDA) issues this interpretive statement pursuant to RCW 34.05.230.

Under RCW 15.120.020, "industrial hemp" is an agricultural product that may be grown, produced, possessed, processed and exchanged in the state solely and exclusively as part of an industrial hemp research program supervised by the department. This section also stipulates that processing any part of industrial hemp, except seed, as food, extract, oil, cake, concentrate, resin or other preparation for topical use, oral consumption, or inhalation by humans is prohibited.

Under WAC 16-305-070, "a person shall obtain an industrial hemp processor and marketer license prior to obtaining industrial hemp for processing or marketing purposes." The intent of this rule is to require these licenses and related WSDA oversight for the processing and marketing of industrial hemp in its unprocessed forms. The intent of this rule is not to require such licenses after industrial hemp has been processed consistent with WSDA regulations into a marketable commodity. The marketer license required under WAC 16-305-070 is required to market industrial hemp in its unprocessed forms, including the marketing of viable seeds. WSDA interprets its rules, including the "industrial hemp processor and marketer" license rule (WAC 16-305-070), to mean that a processor license is required to process industrial hemp (whether green, dried, bailed or pelletized) that is in the form of living hemp plants, viable seed, leaf materials, floral materials, and raw stalks. A marketer license is required to market industrial hemp in these forms.

In contrast, industrial hemp processed in compliance with WSDA regulations (or under an equivalent regulatory program recognized by WSDA), is a form of "publicly marketable hemp product" for which a processor or marketer license is not required. A "publicly marketable hemp product" does not include industrial hemp (whether green, dried, bailed or pelletized) that is in the form of living hemp plants, viable seed, leaf materials, floral materials, and raw stalks. A "publicly marketable hemp product" does include the following products: Bare stalks that have been pressed or decorticated (including without removal of the fiber); bast fiber; hurd fiber; nonviable roots; nonviable seeds (grain), seed oils and seed coats separated from the seed; and, hemp plant extracts (subject to the THC limitations applicable to industrial hemp under chapter 15.120 RCW and the prohibited topical and consumption uses by humans under RCW 15.120.020).

Although "publicly marketable hemp products" are not subject to the license requirements under WAC 16-305-070, such products remain subject to applicable regulations under chapter 15.120 RCW and the industrial hemp program rules. For example, "publicly marketable hemp product" processed in Washington state should be derived from industrial hemp that was issued a "fit for commerce certificate" under WAC 16-305-130.

Derek I. Sandison

Director