PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed November 17, 2025, 2:28 p.m.]

Subject of Possible Rule Making: Chapter 16-306 WAC, Hemp program. The department of agriculture (department) is considering rule making to increase clarity between hemp program rules and operations, increase program efficiency, and reduce the cost variability for licensees. It will also remove unnecessary portions of the chapter.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.140.030 and 15.140.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule implements the department's United States Department of Agriculture (USDA) approved hemp plan, in accordance with the federal laws that allow states to administer a program for licensed farmers to produce hemp. The program is seven years into establishment and the department has determined that the rule needs to be updated to reduce or remove multiple inconsistencies and inefficiencies in order to save time and increase clarity for both farmers and administrative staff of the hemp program including, but not limited to: Eliminating time and mileage fees that lead to inconsistent inspection charges from year to year and replacing them, as well as the harvest inspection fee, with a new "harvest certification fee" that encompasses the cost of the entire administrative process from scheduling the inspection to certifying the crop; aligning our definition of THC testing with USDA definition of total THC for clarity; and removing references to testing that are not utilized by the program or marketplace in order to reduce confusion.

The department will also consider other changes to the rule that help to streamline and clarify processes established by the hemp program including, but not limited to, background checks for hemp producer applicants.

If the rule is not changed, the program will continue to lose money by administering our fee system, and farmers will continue to express frustration about our inability to accept credit card payments and the variability in their fees from year to year.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will notify USDA of the rule update.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Trecia Ehrlich, Hemp Program, P.O. Box 42560, Olympia, WA 98504, phone 360-584-3711, email tehrlich@agr.wa.gov, website www.agr.wa.gov; or Caleb Cole, AES Division, P.O. Box 42560, Olympia, WA 98504, phone 206-492-1969, email caleb.cole@agr.wa.gov.