Consumers and Farmers Are in This Together

Organic consumers drive the market, and organic farmers  are committed to growing food that upholds the values important to you.  We’re in this together to defend organic integrity. 

The organic market could not have been so successful without support from both consumers and organic farmers---we depend on each other and must stand united to defend organic integrity.  

Organic Farmers Association is committed to organic production rooted in organic integrity—ensuring that the USDA organic label upholds the gold standards consumers expect.  However, over the past few years the organic market has grown at such speeds that the USDA has let some issues slide. Consumers and farmers must work together to demand for policy changes to defend the quality of organic food and values based in organic farming.   Through Organic Farmers Association’s work in Washington, DC organic farmers and consumers are working collaboratively to:  

Protect our market from fraudulent organic imports. 

Too many times, shipments of fraudulent organic grains have slipped by Customs and Border Protection and infiltrated the U.S. grain market with cheap fraudulent grains---hurting both U.S. organic farmers and consumers. The USDA National Organic Program must better enforce this issue, and we need the voices of consumers like you to join us in advocating for change.

Ensure organic farming is rooted in the soil.  

Healthy soil is essential to healthy organic food, healthy ecosystems, and protecting our natural resources.  A food system grown outside of soil cannot be certified organic, yet the USDA National Organic Program has allowed this.  Organic farmers and consumers feel this is not right and we need to continue to demand that organic be returned to the soil.   

Demand that the high organic standards for dairy are enforced and upheld.    

The USDA NOP has allowed some large CAFO dairies to skirt the pasture requirements and organic transition requirements to enable larger dairy facilities.  Consumers and farmers must continue to fight this together demanding that organic principles be upheld equitably and uniformly and that the bad actors be eliminated from the organic label.  

While all of these issues threaten the integrity of the USDA organic label, together we can rectify them by putting pressure on the USDA to enforce the organic standards, strive for continual improvement, and demonstrate equity and transparency in the way they administer the National Organic Program.  Organic farmers and consumers must together fight for policies that ensure better standards and enforcement.

You can help support more organic farmers lift their voices to legislators and USDA staff to pressure changes that will improve the integrity of the USDA organic label.  Join OFA as a supporter member to receive action alerts and support organic farmers working to defend your healthy food. This Organic Month, all supporter members can join for $57 and receive a free OFA water bottle.


Letter to CalCannabis Comparable Organic Working Group opposing the certification of hydroponically produced Cannabis

On behalf of the Organic Farmers Association we submitted this letter to CalCannabis Comparable Organic Working Group because we are concerned of  the consideration of hydroponically produced Cannabis.

The Organic Farmers Association has been following the state’s work preparing organic standards for the certification of marijuana intended for adult use with standards similar to those of the National Organic Program. If the state decides to create an “organic” brand for marijuana, we encourage you to align your Program with the National Organic Program. And, require an inclusion of soil- based production that focuses on soil health.

The Organic Farmers Association is a national organization representing certified organic farmers nationwide; our policy is developed by certified organic producers. Our mission is to promote policies that encourage more organic production and producers.
California serves in a leadership regional role within the Organic Farmers Association structure and California organic farmer voters have an important voice in our national work. California organic farmers have weighted in and voted together with organic farmers from the rest of the nation to keep organic production in the soil.

Our members believe that soil is essential to the principles and foundation of organic agriculture and worked to write that requirement into the Organic Food Production Act. That law requires a producer’s Organic Plan to increase soil fertility by managing its organic content. Our members also understand that by increasing organic matter (carbon) organic farmers enhance the soil's ability to absorb water, reducing the impacts of drought and flooding. Improving soil organic matter also helps it to absorb and store carbon and other nutrients need to grow healthy crops, which, in turn, are better able to resist insects and diseases.
In 2010, the National Organic Standards Board recognized the importance of the organic matter by including in its formal recommendation to USDA,” The reason this is the central theme and foundation of organic farming is not inherent to the organic matter itself, but is based on the importance to the living organisms that inhabit soils, particularly for its positive influence on proliferation of diverse populations of organisms that interact in a beneficial way with plant roots. These microscopic organisms, found in abundance in well maintained soils, interact in a symbiotic manner with plant roots, producing the effect of strengthening the plant to be able to better resist or avoid insect, disease and nematode attack, as well as assisting the plant in water and mineral uptake.”

We encourage the California state agency to create an “organic” brand for marijuana that aligns with the National Organic Program, and that requires inclusion of healthy soil in its production standards.

Sincerely,

David Colson


President, Organic Farmers Association


Healthy Soil Means Healthy People

Soil health is essential for healthy organic produce.

Healthy soil is one of the main reasons why organic is the gold standard for food you can trust—it focuses on building health from the ground up. Plants rely on an entire soil ecosystem to absorb the minerals they need in order to grow healthy produce. U.S. organic standards were written with soil health as a central priority, since healthy soil is essential to supporting healthy people.  Organic Farmers Association believes that organic certification should require plant grown in soil.

Organic farmers focus on feeding soil microorganisms and building a healthy soil ecosystem rather than  just directly feeding plants fertilizers. Synthetic fertilizers give plants a narrower range of nutrients, which causes faster plant growth in exchange for fewer plant nutrients and a less nutritious food. 

Recently new scientific studies have demonstrated the wonder of soil microbes and healthy soil in transferring superpowers to our food.  In March 2019 a study from the Journal of Applied Ecology showed evidence that soil-grown organic farming promotes better biotic resistance to foodborne human pathogens than conventional production systems.  In May 2019, scientists released a study in the Journal Psychopharmacology showing that the soil bacterium, Mycobacterium vaccaecontains anti-inflammatory, immunoregulatory, and stress resilience properties.  This study indicates that diverse healthy soil can aid in reducing stress and anxiety and offers multitudes of properties outside of basic vitamins and minerals.  Ensuring that our food is grown in healthy diverse soil microbiomes increases the health properties of our food—health properties we still discovering and understanding.  

One teaspoon of healthy soil may contain a billion bacteria, several yards of fungal hyphae, thousands of protozoa and dozens of nematodes. Just the top four inches of one acre of healthy topsoil may contain 2000 pounds of bacteria, 2400 pounds of fungi, 900 pounds of algae, 900 pounds of earthworms, and 133 pounds of tiny protozoa.  A healthy soil ecosystem is incredible and holds the secrets to healthy plants and healthy humans. In contrast, food grown outside of a soil-based system misses all the health benefits that soil provides. It just isn’t the same.  

Organic Farmers Association and our certified organic farmer-members across the nation are united in our call that soil is essential for organic food.  Taking soil out of the equation creates a different product—one that cannot be classified as organic. Organic Farmers Association continues to demand that organic remain in the soil to provide consumers with the healthiest food our farmers can grow!  

The USDA continues to push that hydroponic soil-less production be allowed under organic certification and Organic Farmers Association continues to say NO!   It’s important to OFA that organic food has the highest standard of nutrition and supports healthy soil-based environments, and we know that is what consumers expect.  As organic consumers, you deserve to feel confident that your organic food was grown under conditions that result in the healthiest food possible. Help us uphold the high standards for organic food that you expect by supporting us this Organic Month. This September, join OFA as a supporter member for $57 and receive a free OFA water bottle.

 


Report on Agriculture Appropriations 2020

An update on the 2020 Agriculture Appropriations by Mark Rokala, Policy Director.

This week, the Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies released its FY20 funding proposal for USDA.  We were told the proposal includes the Organic Farmers Association’s number one priority of bill language implementing the FY15 “Origin of Organic Livestock (OOL)” rule that closes loopholes in the transition of dairy herds. It also increases funding for NOP from $14 million to $15 million and funds the Organic Transition Programs (ORG) at $8 million, which is the same as last year’s funding level.

OFA will review the proposal and confirm the above numbers when it is released to the public, expected later today (Thursday afternoon) and determine the funding levels of our two other priorities, Sustainable Agriculture Research and Education (SARE) and the Organic Production and Data Incentives (ODI).

Senate Republican leadership is telling their Senators they will try to complete work on the FY20 Appropriations bills prior to the end of the fiscal year September 30, 2019. But, with two weeks left to the fiscal year it will be difficult for the Senate to complete all twelve of the FY20 bills. This week, the House of Representatives started conversations about passing a Continuing Resolution (CR) funding the government until November or December allowing them more time to complete their work on funding the federal government, which would delay the whole appropriations process.

The Senate Appropriations Process is delayed this year because the Republican controlled Senate spent the summer working on getting the Administration to a budget agreement that could pass Congress. In July, Republicans agreed to a budget that increased domestic spending levels over the next two fiscal years, lifting the budgeting ceiling and preventing poison pill amendments that have spotted work on spending bills.

The House was able to enter the Appropriations Process earlier and passed all of its FY20 appropriations bills in June, spending 3% more on each of the twelve bills than the Senate decided to spend. The House FY20 Agriculture bill included OFA’s top priority bill language telling USDA to implement the OOL rule within 180 days, funded NOP at $18 million, funded ORG at $8 million, funded SARE at $45 million and provided $1 million for ODI.

Now the House and Senate meet in Conference Committee to find compromise on the bill.  The $1.2 billion difference between the House and Senate Agriculture Appropriations bills could have a huge impact on the final funding levels for organic FY20 priorities. Organic Farmers Association will be working hard to make sure organic programs receive the funding they need for 2020.

Still befuddled on how our Government’s Spending Process works?   Check out this helpful infographic for a quick overview.


Press release: Organic Farmers Association Opposes Genetic Engineering in Letter to Secretary

Organic Farmers Association Opposes Genetic Engineering in Letter to Secretary

Letter of opposition delivered to Secretary of Agriculture signed by 79 organizations

 

September 18, 2019 (Kutztown, Pennsylvania): On Tuesday, Organic Farmers Association (OFA) delivered a letter of opposition to U.S. Department of Agriculture (USDA) Secretary Sonny Perdue, in response to a statement made by Department Under Secretary Greg Ibach concerning opening a dialogue about gene-editing in organic agriculture. 

 

The letter, signed by 79 organic farm organizations from across the nation, strongly opposed any form of genetic engineering into the organic standard and expressed opposition to dialogue about its possible inclusion. OFA urged the Department to build the organic market by instead focusing on building healthy soil and addressing the core issues affecting the domestic organic market today.

 

“Introducing any dialogue about any form of genetic engineering into organics would be a major distraction for the USDA NOP and the National Organic Standards Board,” said Kate Mendenhall, Director of Organic Farmers Association. “We have crucial issues in organic agriculture that need the Department’s full attention, such as stopping organic import fraud, closing certification loopholes, enforcing our current organic standards equitably and uniformly, and updating obsolete database technology.” 

 

During a House Committee on Agriculture Subcommittee meeting on July 17, 2019, Department of Agriculture Under Secretary Greg Ibach expressed interest in opening the discussion surrounding gene editing technologies and their possible uses in advancing organic agriculture. “We’ve seen new technology, including gene editing, that accomplishes things in shorter periods of times than a natural breeding process can,” said Under Secretary Ibach in that meeting. “I think there is an opportunity to open the discussion to consider whether it is appropriate for some of these new technologies that include gene editing to be eligible to be used to enhance organic production.”

 

Gene editing and all other forms of genetic engineering are currently prohibited under the guidelines of organic certification. When the USDA was first writing the national organic standards in 2001, they tried to allow genetic engineering; the organic community responded with over 400,000 comments demanding its prohibition. 

 

Since then, consumer acceptance of genetically engineered products has dropped precipitously, while certified organic food sales have seen consistent growth. Organic Farmers Association feels strongly that working with natural materials and cropping systems that prioritize biodiversity improves soil health, crop success, and consumer interest.   

 

Organic Farmers Association and the seventy-eight additional organic farm organizations are united in their refusal to revisit the conversation of genetic engineering and strongly opposes any attempt by the Department or its leadership to reintroduce the topic within the organic guidelines. 

 

OFA encourages Secretary Perdue to abandon the idea of possibilities for genetic engineering in organic agriculture and commit to a national organic label that strives for continual improvement and strong organic integrity.

###

 

ABOUT ORGANIC FARMERS ASSOCIATION: The mission of the Organic Farmers Association is to provide a strong and unified national voice for domestic certified organic producers. With the purpose to build and support a farmer-led national organic farmer movement and national policy platform by developing and advocating policies that benefit organic farmers; strengthening and supporting the capacity of organic farmers and farm organizations; and supporting collaboration and leadership among state, regional and national organic farmer organizations. Rodale Institute, a leader in the organic movement for 70 years, serves as the fiscal sponsor for Organic Farmers Association. Learn more at OrganicFarmersAssociation.org.

 

Media Contact:

Margaret Wilson

Content Creation & Media Relations Specialist, Rodale Institute

Email: Margaret.Wilson@RodaleInstitute.org

Phone: 610-683-1427

Cell: 610-597-5650

 


Letter to Secretary Perdue concerning the comment of Under Secretary Greg Ibach

On behalf of the Organic Farmers Association, we submitted this letter to Secretary Perdue with our concern because of  the recent comment from Under Secretary Greg Ibach  (See USDA Response here.) 

September 17, 2019

The Honorable Sonny Perdue
Secretary
U.S. Department of Agriculture
1400 Independence Avenue SW
Washington, D.C. 20250

Dear Secretary Perdue,

The Organic Farmers Association and the undersigned organizations serving the broad organic farming community are united in our concern by the recent comment by Under Secretary Greg Ibach during the House Committee on Agriculture Subcommittee on Biotechnology, Horticulture, and Research hearing on July 17, 2019, where he said, 

"As the National Organic Standards Board set the rules originally, GMOs are not eligible to be in the organic program. However, we’ve seen new technology, including gene-editing, that accomplishes things in shorter periods of time than a natural breeding process can. I think there is the opportunity to open the discussion to consider whether it is appropriate for some of these new technologies that include gene-editing to be eligible to be used to enhance organic production and to have drought and disease-resistant varieties, as well as higher-yield varieties available."

The organic community is united that WE DO NOT WANT TO revisit the conversation about genetic engineering in organics, and all forms of genetic engineering should remain excluded methods under the National Organic Program. When the USDA last suggested that genetic engineering be allowed in organic production in 2001, during the drafting of the National Organic Standards, it received 400,000 comments demanding genetic engineering be prohibited under organic certification. Organic farmers are united in their opposition to genetic engineering (including gene-editing) and will hold steadfast in this opposition. Decades of organic farming experience and organic research have proved working with natural materials and cropping systems that encourage biodiversity result in improved soil health and resilient ecosystems—we do not need, nor do we want, genetic engineering for organics. Consumers have also shown they do not want genetically engineered products in the certified organic food system. The exclusion of genetic engineering from the organic food supply has supported consistent growth of certified organic food sales over the past twenty years both for our domestic and export markets. 

We, the undersigned, represent and are responsible to organic farmers, organic gardeners, organic processors, and consumers of organic products. We are committed to a national organic label that strives for continual improvement and strong organic integrity. Many of our organizations include founders and leaders who have been certified organic since before the USDA National Organic Program (NOP) was created and many of them helped create the national program and write the national standards. We strongly oppose any efforts to revisit the issue of any type of genetic engineering in organic certification, and we will work to ensure that all genetic engineering remains an excluded method. 

The USDA NOP and the National Organic Standards Board (NOSB) have much more important issues within the organic market to focus their limited capacity and resources on — like organic import and domestic fraud, origin of livestock, pasture rule compliance, updating database technologies, etc. The Under Secretary’s suggestion that we should explore gene-editing, or any other type of genetic engineering, would distract from the core issues the organic market is facing right now. 

To build more tools for organic farmers and prepare farmers and our country for future markets, we encourage the USDA and Under Secretary Ibach to instead focus on agricultural programs that grow food in the soil, encourage healthy soil, support healthy environments, and sequester carbon — these are the foundations of organic farming and they deserve more attention from the USDA. 

As a community, we are committed to uphold the values and principles of organic agriculture. Permitting any genetic engineering in organic production undermines the integrity of the USDA certified organic label, and we wholly oppose its consideration by the NOP and NOSB. 

Sincerely, 

David Colson President, Organic Farmers Association 

Supported by the following Organizations:
Accredited Certifiers Association, Inc.
Agriculture & Land-Based Training Association (ALBA)
Americert International
Baystate Organic Certifiers
Beyond Pesticides
Biodynamic Association
CCOF
Center for Environmental Health
Community Alliance with Family Farmers
Cornucopia Institute
Cuatro Puertas
Ecological Farming Association
ETKO Ecological Farming Control Organization
FairShare CSA Coalition
Farm Aid
Food & Water Watch
Full Belly Farm
Global Organic Alliance, INC
Green America
Greensward Nurseries

Hummingbird Wholesale
Illinois Stewardship Alliance
Indiana Farmers Union
Iowa Organic Association
Lancaster Farm Fresh Cooperative
Land Stewardship Project
LaRocca Vineyards
LSAdderson, Inc.
Maine Organic Farmers and Gardeners Association
Michigan Organic Food and Farm Alliance, Inc.
Midwest Organic and Sustainable Education Services (MOSES)
Midwest Organic Dairy Producers Alliance
MOFGA Certification Services, LLC.
Montana Organic Association
MOSA Certified Organic
National Family Farm Coalition
National Organic Coalition
Natural Food Certifiers Inc
Natural Grocers
Nature's International Certification Services
Nature's Path Foods Inc.
New England Farmers Union
Next 7 Project
NOFA-VT
Northeast Organic Dairy Producers Alliance
Northeast Organic Farming Association of New Hampshire
Northeast Organic Farming Association of New York
Northeast Organic Farming Association, Massachusetts Chapter
Northeast Organic Farming Association-Interstate Council (NOFA-IC)
Northeast Sustainable Agriculture Working Group
Northern Plains Sustainable Agriculture Society
Northwest Center for Alternatives to Pesticides
OCIA Research & Education
Ohio Ecological Food and Farm Association
OneCert, Inc.
Oregon Organic Coalition
Oregon Tilth
Organic Advocacy
Organic Certifiers Inc
Organic Consumers Association
Organic Farmers Agency for Relationship Marketing
Organic Pastures
Organic Seed Alliance
PCC Community Markets
Pennsylvania Certified Organic (PCO)
Pesticide Action Network of North America
Primus Auditing Ops
Provender Alliance

Quality Certification Services
Rodale Institute
Slow Food Western Slope
Southeast African American Farmers Organic Network
Stone Coop Farm
Texas Organic Farmers and Gardeners Association
The Land Connection
Virginia Association for Biological Farming
Wild Farm Alliance
Women, Food and Agriculture Network

CC: Gregory Ibach, Under Secretary for Marketing and Regulatory Programs
Jennifer Tucker, Director, National Organic Program
Honorable Pat Roberts, Chairman, Committee on Agriculture, Nutrition and Forestry, U.S.
Senate
Honorable Debbie Stabenow, Ranking Member, Committee on Agriculture, Nutrition and
Forestry, U.S. Senate
Honorable Collin Peterson, Chairman, House Committee on Agriculture, U.S. House of
Representatives
Honorable Stacey E. Plaskett, Chairwoman, Biotechnology, Horticulture, and
Research Subcommittee of the House Committee on Agriculture, U.S. House of Representatives
Honorable Rodney Davis, Member, Biotechnology, Horticulture, and Research Subcommittee of
the House Committee on Agriculture, U.S. House of Representatives

 

 


Climate Change: Agriculture is Part of the Problem (And the Solution)

Agriculture can be part of the solution to climate change with the help of organic consumers like you.

Given all of the inputs that go into modern agriculture, it’s unsurprising to learn that agriculture makes a significant contribution to climate change. Agriculture and forestry contributed 9% of the U.S. greenhouse gas emissions in 2016. Climate change shifts have already produced more extreme droughts, floods, storms, and temperature records. Reducing and stopping climate change is one of the great challenges of today.

Luckily, your food choices as a consumer can help support solutions to climate change!

Regenerative organic farming provides solutions to curbing climate change by the diversity of practices required under the USDA organic program. Organic farmers do not use synthetic fertilizers, instead they rely on compost and/or manure to build healthy soil and improve water retention. The use of synthetic fertilizers in conventional agriculture relies on fossil fuels and releases the pollutant nitrous oxide (N2O) into the atmosphere. Organic farming requires crop rotation, cover crops, soil health, and diversity—these elements foster healthy agroecosystems that are able to sequester more carbon in the ground instead of release it into the atmosphere.  Organic agriculture is part of the solution to climate change. The more demand for organic food, the more farmers will convert U.S. acres to organic production—shifting the way we farm here in the United States. Organic Farmers Association is also advocating for federal policies that encourage our government to create policies that encourage more farmers to transition to regenerative organic agriculture in order to make modern agriculture part of the solution instead of part of the problem.

With your support, we can continue to make small shifts throughout this nation to encourage more organic management, cleaner soil, healthy food production, and a healthier ecosystem.  These are choices that have a real impact on the next generation—and ones that are easy and delicious.  Purchasing certified organic food is part of the solution---thank you!

Organic Farmers Association is the only lobbying organization that provides a voice for certified organic farmers—a group that often doesn’t get enough representation in D.C.—working to ensure that organic standards will still make a difference in mitigating climate change. We need your support so our farmers will have the legislative backing they need to continue producing food as sustainably as possible.

Continue to support organic farmers and the high level of quality that you expect from your organic food by joining OFA as a supporter member today. This Organic Month, supporter members can join for $57 and receive a free OFA water bottle.


Why is organic worth your money?

The most common reason that people give for not buying organic food is its price. But there’s a reason why organic food costs more than conventional—and it’s worth your money.

The USDA organic label is the gold standard for food, with strict guidelines from the National Organic Program about what can and cannot be done on an organic farm. These guidelines are regularly enforced through annual inspections and audits of organic farms. By buying organic, you ensure your food matches your ideals, and only at a slightly higher price point. OFA’s farmer members are committed to producing the healthiest and most ecologically responsible food, and advocate to make sure that organic policies maintain the highest level of quality. Here are some of the main reasons why buying organic is well worth your money:

“Organic produce is the cleanest and healthiest food on the planet,” said Loretta Adderson, a Georgia organic farmer and retired nutritionist on OFA’s Governing Council. “They follow National Organic Program standards and endure annual on-farm inspections at their cost.”

Instead of using pesticides to control weeds, farmworkers at Adderson’s Fresh Produce hand-weed their crops. “This manual hands-on process provides our customers the tastiest organic produce available in the community,” Adderson said.

Organic Meat & Milk avoids antibiotics and growth hormones. 

A recent study comparing conventional and organic milk showed that organic milk samples had no traces of antibiotics, while the conventionally produced milk had antibiotic traces in 60% of the samples and 20 times more growth hormones than the organic milk. And 37% of the conventional milk samples included two antibiotics banned by the FDA. Organic dairy and livestock farmers support healthy animals through healthy feed, pasture, sunshine, and humane living conditions that allow animals to express their natural instincts.  OFA continues to pressure the USDA to make sure we continue to protect and enforce these practices and values in the standards.

Organic food has higher nutrient density.

Soil health determines overall plant health, and organic farmers prioritize good soil health by adding compost or manure and utilizing cover crops and crop rotation. Good soil health results in  healthier produce with more nutrients that help prevent diseases like cancer and coronary heart disease. California organic farmers Phil LaRocca preaches that, “The best form of health insurance is to eat organic!” Healthy soil is foundational for growing healthy food, and OFA is working to keep healthy soil at the center of organic production.

Regenerative organic farming helps fight climate change.

Currently agriculture is a large contributor to climate change; however, regenerative organic farming holds the key for solutions to turn climate change around.  By shifting farming practices to regenerative organic systems, we can increase soil organic carbon stocks, decrease greenhouse gas emissions, maintain crop yields, improve soil water retention and plant uptake, improve farm profitability, and revitalize rural communities while increasing biodiversity and producing more ecosystem services.  Your choice to purchase organic food is also part of the solution, because more demand for organic food will push more farmers to adopt these practices!

The Certified Organic label enforces the standards that ensure you’re buying healthy, climate-conscious food. Purchasing from local certified organic farmers is even better because you are supporting your local economy!  OFA is committed to upholding organic’s  high standards through agricultural policies, ensuring that you have access to the healthiest possible food under the organic label.

Interested in doing more to support organic farmers? You can join OFA as a supporter member to help drive sustainable agriculture policies for our nation. This Organic Month, all supporter members can join for $57 and receive a free OFA water bottle.


What does legalizing industrial hemp mean?

Legalizing the production of industrial hemp in the 2018 Farm Bill has caused much confusion, and stakeholders are working to understand and identify solutions to aid the growth of this new market. The Organic Farmers Association is following the progress of this matter to help our members navigate these emerging organic markets.

The 2018 Farm Bill changed federal policy regarding industrial hemp by removing hemp from the Controlled Substances Act and redefining it as an agricultural product. The bill legalized hemp under certain restrictions and expanded the definition of industrial hemp from the last Farm Bill in 2014. The bill also allowed states and tribes to submit a plan and apply for primary regulatory authority over the production of hemp in their state or tribal territory. A state plan is required to be submitted to the federal government to document their testing methods and how they plan to keep track of land and dispose of the plants or products that exceed the allowed THC concentration. At least 47 states have enacted legislation to establish industrial hemp cultivation and production programs.

Before we discuss the current state of industrial hemp, let’s answer some common questions and points of confusion you might be having. Marijuana and industrial hemp are different varieties of the same plant species, Cannabis sativa L., which both include the natural compounds cannabidiol (CBD) and tetrahydrocannabinol (THC). This is why marijuana and industrial hemp look the same. Legalized industrial hemp is defined as varieties containing no more than 0.3 percent THC. Any variety with a THC level higher than 0.3 percent is considered marijuana, not industrial hemp.

Industrial hemp varieties are typically cultivated for three distinct markets: fiber, seed, and CBD oil.  Commodity varieties are typically grown on a larger scale for fiber and/or seed and can be a good option for an organic field crop rotation. Fiber varieties are typically planted in dense stands to maximize stalk production, while varieties grown for seed and/or fiber are spaced farther apart to encourage branching and seed production. Industrial hemp grown for extraction of CBD oil is typically a different type of production style and scale—one that is more aligned with specialty crops and similar to the management of marijuana varieties. These hemp varieties are typically cultivated for certain concentrations of CBD oils and other natural compounds and are sold to farmers as feminized seeds.  The flower buds are cultivated from these plants for CBD extraction and, thus, are grown in a lower density to maximize branching.

Like industrial hemp varieties grown for CBD, marijuana varieties are also grown for their leaves and flower bud and, therefore, are grown under low-density conditions to maximize branching. The in-field production of feminized plants for industrial hemp and marijuana is similar; yet, the end-products are different and regulated under separate federal and state laws. Marijuana and THC are on the list of controlled substances and are prohibited under federal law; thus, these substances cannot be certified organic nor can they be legally grown in every state.  Eleven states have legalized recreational marijuana use and 33 others have legalized medical marijuana, and these states require restrictive permits for growing. Because marijuana is not legal in every state and because of the growing permits, the legalization of industrial hemp complicates the ability of regulators to monitor the two crops because they look alike and are managed similarly in the field.

When Congress passed the 2018 Farm Bill legalizing industrial hemp, they required a nationwide THC testing standard so that state and local regulators can distinguish hemp from marijuana in order to regulate its production. This requirement has complicated the USDA’s release of standardized production rules as it has proven challenging to find a reliable, standardized THC test that will work across the nation. Part of the concern with the test is that it will detect THC but those levels are indistinguishable from other beneficial and legal cannabinoids in the plant. The USDA has expressed their commitment in finding a solution that will support growers and interstate commerce for this new industry. While the USDA has not given a timeline for finishing this work, they do still hope to have the rules finalized by the 2020 growing season.

The Food and Drug Administration (FDA) is also involved in these regulation conversations following the 2018 Farm Bill, as they need to identify how CBD is defined, controlled, and used.  In June 2018, FDA approved Trusted Source Epidiolex, the first prescription medication to contain isolated CBD, for difficult-to-control forms of epilepsy. Outside of the FDA-approved drug review, full-spectrum CBD (oils that include CBD as well as other cannabinoids and elements of the hemp plant, including naturally-occurring terpenes, essential vitamins, fatty acids, protein, etc.) is used as a supplement to aid other conditions such as follows: seizures, inflammation, pain, mental disorders, inflammatory bowel disease, nausea, migraines, depression, and anxiety. THC is used to help with pain, muscle spasticity, glaucoma, insomnia, low appetite, nausea, and anxiety. FDA is still trying to define CBD’s approved use and their role in the production rules.

To further complicate the discussions among growers, processors, and regulators, a few states with legalized marijuana production are exploring “organic” certification programs for medical and/or recreational marijuana. California and Washington State are leading the way on creating state “organic” certification programs for marijuana, which are expected to be released later this year. Marijuana cannot be labeled as organic, though, until it is legalized at the federal level, because the USDA National Organic Program (NOP) controls use of the word “organic.” Currently, both of these states are including hydroponics production since both California and Washington State have large industrial interests in organic hydroponic production. Hydroponic production of marijuana offers more control growers of inputs to the plants and restricts cross pollination with industrial hemp. These states are working on developing standards that the industry can brand and promote as utilizing production practices that mirror NOP standards. With that being said, as of right now, they are using this definition and set of standards when growing industrial hemp, though they are still works in progress.