The Idaho State Department of Agriculture has issued temporary rules authorizing hemp to be shipped across the state.
The rules set labeling requirements for hemp receptacles — including the quantity, and the producer’s name and address — and require drivers to document that the product complies with federal Farm Bill standards.
The temporary rules do not cover hemp production or processing, which current state law prohibits.
ISDA’s authorizing statute sets standards for farm product receptacles and labeling. Chief Operating Officer Chanel Tewalt said the department’s temporary rules on hemp transportation, expected to take effect by Nov. 29, apply to open and closed receptacles of various sizes and types.
“The intent is that it covers any type of shipment of hemp,” she said.
Written in response to an executive order from Gov. Brad Little, ISDA’s rules also will require verification of hemp as a farm product entering the state; drivers must stop at the first port of entry, declare they are carrying hemp and present it for inspection.
The December 2018 Farm Bill authorized, under strict guidelines, production of hemp containing less than 0.3% of the psychoactive compound tetrahydrocannabinol. USDA about a month ago released regulations and guidelines for hemp production.
But the 2019 Idaho Legislature did not pass a hemp-authorization bill, effectively leaving in place a law that treats any THC-containing material as an illegal drug. Truckers have been arrested in Idaho while transporting hemp.
The temporary rules by ISDA, the state police and state Department of Transportation allow interstate transport of hemp until the state Legislature takes action.
Under the agencies’ temporary rules, drivers must sign an affirmation saying the vehicle does not contain illicit drugs. They must have a lawful-hemp verification stating cargo was produced under a state, tribal entity or USDA plan in accordance with the 2014 or 2018 Farm Bill.
Also required is a lab report saying the hemp transported was produced legally under either Farm Bill’s guidelines, meets the federal THC percentage limit and complies with October 2019 USDA rules outlining testing requirements.
A required bill of lading shows shipping contents, lot number, origination and destination and the vehicle’s type and weight.