Unavailable Due To Compliance Concerns

On Oct. 31, 2019, the United States Department of Agriculture (USDA) published its highly anticipated interim final rules, establishing the USDA Domestic Hemp Production Program to be administered by the Agricultural Marketing Service (AMS).

All state or tribal plans must provide the testing and sampling procedures the state or tribe intends to use to confirm the amount of delta-9 tetrahydrocannabinol (THC) in a given sample does not exceed the 0.3 percent legal limit. The requirements of the procedures are as follows:

Testing must use the decarboxylated method to determine the combined THC and THCa


On February 11, 2019 the State of Kentucky issued a document entitled "Summary of Varieties" before the USDA interim rules were published on October 31, 2019.

Summary of Varieties: Including Varieties of Concern and Prohibited Varieties.
The variety, Lifter and Suver Haze is listed on that document as a “Variety of Concern”.

“Variety of Concern” means any variety of hemp in the Department’s Program that tests above 3000 ppm or 0.3000% delta-9-THC in one (1) or more Pre-Harvest Samples. A hemp variety designated as a “Variety of Concern” may be subject to restrictions and additional testing.

For this reason, Transplant Systems has decided to make these 2 varieties “Unavailable Due to Compliance Concerns with the USDA Interim Rules.”

Kentucky Varieties of Concern

USDA Interim Rules

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