USDA pushes hemp testing change back to end of 2025

Hemp companies that may have been scrambling to find a testing laboratory to keep their goods compliant with U.S. Department of Agriculture deadlines have been given a reprieve. The federal agency announced this week that enforcement of the new rule won’t start until the end of next year, giving companies more time to line up federally registered labs to conduct safety testing of their goods.

That means hemp companies can continue using independent labs not registered with the Drug Enforcement Administration until New Year’s Eve 2025.

In a press release, the USDA said it’s learned from state and tribal governments that a lot of currently operational independent labs have faced lengthy waits in their efforts to become registered with the DEA to be eligible to continue serving the industry past the new testing mandate’s implementation.

“Because of these setbacks in the completion of the DEA process, USDA is concerned there will be inadequate approved hemp laboratory testing capacity for the 2025 growing season,” the USDA said in its release.

“The Administrator finds there is good cause to exercise enforcement discretion without prior opportunity for notice and comment and to make it effective immediately,” the agency added, noting that a new testing mandate would also be a disruption for “potential market entrants.”

The delay is at least the second such move by the USDA, the agency said in a press release, after it made a similar decision in December 2023 to push out the deadline to Dec. 31, 2024.