Industry Leading Program Increases Testing and Labeling Standards for Hemp Derivatives While Launching International Database of Cannabis Labs

WASHINGTON, D.C. – The National Industrial Hemp Council of America (NIHC) announced today, at the 2022 Business, Research and Farm Summit at Oregon State University’s Global Hemp Innovation Center, that the NIHC Verify Program designed to increase testing and labeling standards for cannabidiol (CBD) products and other hemp derivatives has been launched. 

Everything NIHC does is focused on consumer safety,” said NIHC President and CEO Patrick Atagi. “We believe consumers have the right to know what’s in their product and the right to feel safe. NIHC Verify sets the standard for consumers seeking the safe use of hemp derivatives and provides the missing framework for regulators seeking to regulate hemp derivatives.”

Last fall, NIHC announced its intention to launch a pilot program establishing standards for product testing protocols and laboratories. Earlier this year, NIHC continued the effort by signing an MOU with ASTM to develop the ASTM HempQ + NIHC Verification Program. 

The NIHC Verify program is centered around the five pillars of safety that include testing for potency, pesticides, heavy metals, microbiologicals, and residual solvents. Designed with consumer health and safety in mind, the ASTM +NIHC HEMPQ laboratory certification program is the first independent program utilizing Good Laboratory Practices (GLP), specifically highlighting safety in the hemp industry. Program requirements are reviewed and managed by the Safety Equipment Institute (SEI), an affiliate of ASTM International; this program was formed with input by state Attorneys General and other law enforcement agencies. The NIHC Verify program is operated by NIHC and takes the first step toward product safety.

A common issue within the hemp and cannabis industry revolves around product testing consistency. We often hear how the same product tested at different labs will each produce different results.,” said Lakshmy Mahon, President of Global Data Vision and the lead on the NIHC Verify Program. “At NIHC, our goal is two-fold. The first is consistent testing, so consumers have confidence in the hemp products they buy. The second goal is transparency, which aligns with NIHC’s mission to empower consumers with information.” 

The ASTM +NIHC Certification incorporates ASTM’S 16 standards for overall lab safety practices, including product quality controls, quality management systems, and testing methodologies, along with testing for the five pillars developed by NIHC. Once labs have met these rigorous standards and have completed the corresponding audit, manufacturers/producers/retailers can apply for the NIHC Verify seal that may be used on product packaging. This is the first step in ensuring that products are tested within labs that meet the highest possible standards. 

The benefits of the program will allow participants to minimize risks while remaining ahead of regulatory requirements; demonstrate testing commitment to consumer and patient health and safety; scientifically verify testing facilities adhere to the strictest industry safety standards, and leverage ASTM’s Quality System GxP Certification Platform to track and manage data.

As part of NIHC Verify, NIHC and Global Data Vision have released an online global database of certified labs for hemp, higher-THC cannabis, and medical marijuana labs that can be viewed at https://nihc.theglobaldirectory.org.

Hemp as a feed ingredient, a national discussion. A virtual discussion on August 9, 2022.

AAFCO & NIHC Hemp as a Feed Ingredient Webinar

Why Isn’t Hemp in Animal Feed?
A Discussion on Overcoming Challenges & Gaining Approval

Presented by AAFCO & NIHC

Fifteen leading experts from feed manufacturing, hemp production, scientific research, and regulatory oversight will come together for a three-part panel discussion, Q&A, and complex conversation around:
-Scientific research and data
-Ingredient review and approval
-Interests and concerns everyone is facing

The goal is to connect with industry peers and share meaningful dialog around overcoming the challenges and moving forward together so hemp can become a safe and beneficial feed ingredient.Time

Aug 9, 2022 11:00 AM in Central Time (US and Canada)

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By Beau Whitney, NIHC Chief Economist

 

 

As the hemp industry heads into its third planting season post-2018 Farm Bill, regulatory uncertainty remains as one of the largest risk factors facing the industry. While there has been some clarity in the area of cultivation, the processing sector has been hard hit due to the lack of guidance on which products can be brought to market and if there are legal risks while converting biomass into crude, distillate or isolate. This lack of clarity is creating apprehension on behalf of product manufacturers to contract processors for their services. As a result, the over-capacity in the processing sector is having a devastating effect throughout the value chain.

Uncertainty is resulting in a lack of orders with farmers and processors, even in fiber and grains.

One of the areas that this uncertainty is impacting is the relationship between processors and cultivators. In a survey from the fall of 2020, roughly 65% of cultivators did not have a buyer for their crop. Similarly, with potential regulatory and legal risks associated with the production of products using hemp-based materials, product manufacturers are holding off placing orders with processors of hemp, particularly in the area of CBD. In a separate survey 54% of processors responded that they do not have a buyer for their processed CBD. This uncertainty is also impacting product development and investment in other areas of hemp including fiber and grains. The sentiment being that until regulatory uncertainty is addressed, investors and product manufacturers will continue to take a wait and see approach to hemp.

How is this impacting the processing industry?

The impact of the regulatory uncertainty is rather profound. With the lack of orders, inventories have spiked throughout the supply chain. In addition, having excess inventory, processors have pulled back on how much of their installed capacity will actually be utilized. The current capacity utilization for the processing sector is hovering around 35% to 42%. This has resulted in significant price declines throughout the value chain. The low utilization combined with lower prices has introduced significant stress throughout the industry.

The steep decline in pricing has also had a profound effect on the value of the processing industry. The below chart examines how much value has been lost since October.

Chart showing the impact of regulatory uncertainty on the hemp market. NIHC supports strong regulatory standards.

Chart showing the impact of regulatory uncertainty and value of capacity at wholesale prices. NIHC is a strong supporter of standardized regulations.

The decline in value of the processing capacity has had a rather significant effect on the investment into the hemp infrastructure. Investors are holding off figuring they can get a better price for distressed assets the longer they wait.

Uncertainty as it relates to the definition of hemp as 0.3% THC.

The definition of hemp is playing a part in the current levels of industry uncertainty. With the tight limits on THC content, combined with the variability associated with the current available genetics, investors and operators face difficulty in developing business models that incorporate potential fall-out. Meanwhile, product manufacturers citing potential legal risks are not deploying new hemp products into the retail channels thereby constricting supply in what should ordinarily be an expanding market. This uncertainty-based lack of product deployment is impacting downstream suppliers such as CBD processors and hemp cultivators. Without new products, there is less consumer demand being supported, fewer orders and continued excess supply. This in turn, has led to falling prices and decreased valuations in the processing and cultivation sector.

Given the processing industry’s value has declined by 43% since October, how would a change of definition help address this?

There are simple solutions to this complex issue.

While the function of price versus demand versus uncertainty is a complex one, there are simple yet elegant solutions to the problem. For example, one change being discussed in Congress is in the definition of hemp itself. Many in the industry feel that the 0.3% THC line of demarcation in the definition of hemp is too tight for the hemp industry to operate within. State regulators and agencies tend to agree. A recent vote by the National Association of State Departments of Agriculture (NASDA) showed there was overwhelming bipartisan support for changing the definition of hemp to one percent THC.Proposals have been made in Congress to adjust the definition of hemp to contain notmore thanone percent THC. This proposal makes sense, given that farmers have stated that between 25% and 50% of their crops have tested “Hot,” meaning that their hemp crop is immediately designated at marijuana and a schedule 1 drug and is therefore not commercially viable.

The change to 1% can stop some of the value bleeding.

By increasing the THC limits within the definition, more low-THC (hemp) products can come to market. With more products, comes more confidence in the demand which, in turn, provides more piece of mind for investors and operators when they enter into this space. The question then becomes, is a 0.7% change in THC content worth even a portion of the $9.9 billion decline in capacity value?

Normally, industries are given the freedom to adjust to market forces, however, currently the markets hands are tied based on regulatory uncertainty. With regulatory processes taking years and not months to adjust to the market, it will be up to congress to provide relief to the 31,000 licensees in this space. In the meantime, more operators are facing the grim reality of potentially losing their lands, scaling back production further or exiting the market entirely.