[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3755 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3755
To amend the Agricultural Marketing Act of 1946 to exempt industrial
hemp from certain requirements under the hemp production program, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 30, 2023
Mr. Rosendale (for himself and Ms. Houlahan) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Agricultural Marketing Act of 1946 to exempt industrial
hemp from certain requirements under the hemp production program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industrial Hemp Act of 2023''.
SEC. 2. EXEMPTIONS OF INDUSTRIAL HEMP UNDER HEMP PRODUCTION PROGRAM.
(a) Definitions.--Section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o) is amended--
(1) in paragraph (1)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``means the plant'' and inserting
the following: ``means--
``(A) the plant''; and
(C) by adding at the end the following:
``(B) industrial hemp.'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Industrial hemp.--The term `industrial hemp' means
the plant Cannabis sativa L. if the harvested material is
only--
``(A)(i) the stalks of that plant;
``(ii) fiber produced from those stalks; or
``(iii) any other manufacture, derivative, mixture,
or preparation of those stalks (except cannabinoid
resin extracted from those stalks);
``(B) whole grain, oil, cake, nut, hull, or any
other compound, manufacture, derivative, mixture, or
preparation of the seeds of that plant (except
cannabinoid resin extracted from the seeds of that
plant); or
``(C) viable seeds of that plant produced solely
for production or manufacture of any material described
in subparagraph (A) or (B).''.
(b) State and Tribal Plans.--Section 297B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639p) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) by redesignating clauses (ii) through
(vii) as clauses (iii) through (viii),
respectively;
(ii) by inserting after clause (i) the
following:
``(ii) a procedure by which a hemp producer
shall designate the type of production of the
hemp producer as--
``(I) industrial hemp; or
``(II) hemp for any purpose;'';
(iii) in clause (iii) (as so redesignated),
by inserting ``, excluding industrial hemp,''
after ``hemp''; and
(iv) in clause (viii) (as so redesignated),
by striking ``(vi)'' and inserting ``(vii)'';
(B) in paragraph (3)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``Nothing''
and inserting ``Except as provided in
subparagraph (C), nothing''; and
(ii) by adding at the end the following:
``(C) Preemption.--
``(i) In general.--Except as provided in
clause (ii), no State or Indian tribe may
establish or continue in effect any law that--
``(I) regulates the production of
industrial hemp in compliance with this
subtitle; and
``(II) is more stringent than this
subtitle.
``(ii) Violations with higher
culpability.--Clause (i) shall not apply to any
law relating to any violation of or described
in subsection (e)(3).''; and
(C) by adding at the end the following:
``(4) Inspections of industrial hemp producers.--With
respect to annual inspections of industrial hemp producers
under paragraph (2)(A)(vi)--
``(A) the inspection shall be a visual inspection;
``(B) if a producer fails a visual inspection under
subparagraph (A), the State or Indian tribe may require
the producer to provide to the State or Indian tribe
documentation that demonstrates a clear intent and in-
field practices consistent with the designation of the
type of production as industrial hemp under paragraph
(2)(A)(ii)(I), including seed tags, sales contracts, a
Farm Service Agency report, harvest techniques, or a
harvest inspection; and
``(C) if a producer fails to provide documentation
demonstrating a clear intent and in-field practices
described in subparagraph (B), the State or Indian
tribe may require chemical testing on harvested
material of the producer that failed the visual
inspection under subparagraph (A).'';
(2) in subsection (e)--
(A) in paragraph (2)(A)(iii), by striking
``basis.'' and inserting ``basis, unless the hemp
producer designated the type of production as
industrial hemp under subsection (a)(2)(A)(ii)(I).'';
and
(B) in paragraph (3)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking
``negligence--'' and inserting ``negligence, or
knowingly produced a crop that is inconsistent
with the designation of the type of production
of the hemp producer as industrial hemp under
subsection (a)(2)(A)(ii)(I)--'';
(ii) in subparagraph (B)(ii)--
(I) in the clause heading, by
striking ``Exception'' and inserting
``Exceptions'';
(II) by striking ``person growing''
and inserting the following: ``person--
``(I) growing'';
(III) in subclause (I) (as so
designated), by striking the period at
the end and inserting ``; or''; and
(IV) by adding at the end the
following:
``(II) that designates the type of
production of the person as industrial
hemp under subsection
(a)(2)(A)(ii)(I).''; and
(iii) by adding at the end the following:
``(D) Production inconsistent with industrial hemp
designation.--Any person who knowingly produces a crop
that is inconsistent with the designation of the type
of production of the person as industrial hemp under
subsection (a)(2)(A)(ii)(I) shall be ineligible to
participate in the program established under this
section for a period of 5 years beginning on the date
of the violation.''; and
(3) in subsection (f)(2), by inserting ``, excluding
industrial hemp,'' after ``hemp''.
(c) Department of Agriculture.--Section 297C of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639q) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (B)
through (F) as subparagraphs (C) through (G),
respectively;
(ii) by inserting after subparagraph (A)
the following:
``(B) a procedure by which a hemp producer shall
designate the type of production of the hemp producer
as--
``(i) industrial hemp; or
``(ii) hemp for any purpose;''; and
(iii) in subparagraph (C) (as so
redesignated), by inserting ``, excluding
industrial hemp,'' after ``hemp''; and
(B) by adding at the end the following:
``(3) Inspections of industrial hemp producers.--With
respect to annual inspections of industrial hemp producers
under paragraph (2)(F)--
``(A) the inspection shall be a visual inspection;
``(B) if a producer fails a visual inspection under
subparagraph (A), the Secretary may require the
producer to provide to the Secretary documentation that
demonstrates a clear intent and in-field practices
consistent with the designation of the type of
production as industrial hemp under paragraph
(2)(B)(i), including seed tags, sales contracts, a Farm
Service Agency report, harvest techniques, or a harvest
inspection; and
``(C) if a producer fails to provide documentation
demonstrating a clear intent and in-field practices
described in subparagraph (B), the Secretary may
require chemical testing on harvested material of the
producer that failed the visual inspection under
subparagraph (A).'';
(2) in subsection (c)(3)--
(A) by striking ``report the production'' and
inserting the following: ``report to the Attorney
General--
``(A) the production''; and
(B) in subparagraph (A) (as so designated), by
striking ``subsection (b) to the Attorney General.''
and inserting the following: ``subsection (b); and
``(B) the production of a crop inconsistent with
the designation of the type of production of the
producer of the crop as industrial hemp under
subsection (a)(2)(B)(i).''; and
(3) in subsection (d)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) for each hemp producer described in
subparagraph (A), the designation of the type of
production of the hemp producer under subsection
(a)(2)(B);''.
SEC. 3. REGULATIONS AND GUIDELINES.
The Secretary of Agriculture shall promulgate regulations and
guidelines to implement the amendments made by this Act as
expeditiously as practicable.
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