Dear Supporters of the Hemp Feed Coalition,
As we approach a pivotal moment in our journey to legalize hempseed meal (HSM) as an animal feed for egg-laying chickens, it is essential to address the recent challenges and provide clarity on the current situation. Over the years, we have worked extensively with industry stakeholders to develop and support this application. Regrettably, certain organizations attempt to undermine our efforts by spreading fear and misinformation, portraying our application as a “poison pill.” The truth is that this initiative represents the most significant and positive advancement for the hemp industry since the passage of the 2018 Farm Bill, promising a brighter future for all involved.
Although this letter is lengthy and detailed, we hope you will take the time as we have addressed each specific attack, founded or not, that has been thrown our way since the tentative definition was proposed in January of this year.
At the HFC, our mission is to establish a marketplace within the United States, not to create a global standard but first remain focused here domestically. This aligns with the objectives of both the FDA and AAFCO. Our submitted application utilized samples of meal that was grown and then processed entirely in the U.S. The chickens used in our study were raised in Pennsylvania, emphasizing our unwavering commitment to U.S. agriculture. This application is intended for the benefit of U.S. growers and producers, and we are dedicated to supporting them. The opponents of this application have not supported our efforts at any stage. They have not provided any funding for studies and have declined to commit funds to establish new studies that might yield the results they seek. This lack of support underscores their bad-faith actions and malevolent intentions, which do not serve the best interests of the U.S. hemp industry.
It is important to note that while the HFC does not agree with all the FDA’s stringent requirements, we are subordinate to these regulations and are doing our best to work within the framework provided. Arguing with the FDA to achieve our desired outcomes is not a viable strategy. The only effective way to influence change is by accumulating substantial scientific data and submitting a compelling narrative through the rigidly defined process outlined through AAFCO. Even then, success is never guaranteed. Nevertheless, this is the approach that the HFC is committed to pursuing.
The Path to Legalization
Navigating the approval process for hempseed meal (HSM) as an animal feed ingredient through AAFCO can be complex. A useful flowchart outlining this process is available here. As depicted the process is clearly defined and minimal room for deviation.
We are in the final stages of this journey. Early this year, after three years of collaboration between the FDA-Center for Veterinary Medicine (FDA-CVM) and the Hemp Feed Coalition (HFC), the FDA-CVM recommended approval of HSM for laying hens only after HFC agreed to FDA’s recommended contaminant thresholds. Hence why the definition articulates the cannabinoid content it does. You can find that definition here. This recommendation was voted upon and almost unanimously endorsed by the AAFCO Ingredient Definition Committee and the AAFCO Board of Directors in the first half of 2024.
The next crucial step is the vote by AAFCO members will be at their August 2024 meeting in San Antonio, TX. If approved, HSM will be tentatively published in the Official Publication (OP) later this year. While feed regulators are not required to accept tentative approvals, most states do during the waiting period, facilitating the commercial adoption and distribution of HSM as an animal feed ingredient. Tentative definitions are reviewed annually, after which AAFCO may decide to publish the official definition in the OP.
This progress represents a significant step towards integrating hemp into animal feed, supporting agricultural advancement and sustainability.
Concerns About Proposed THC and CBD Limits
The FDA has, for this application, set limits of 2 ppm Total THC and 20 ppm Total CBD. To be clear, the FDA, not the HFC, set these limits. These limits are based on the samples used in our submitted studies. The FDA has not, for this application, been willing to accept other available “industry data” outside of a U.S. at face value and continues to maintain the need for HSM samples that are used in an FDA-approved feed study. The FDA requires that food products, including chicken eggs, achieve a “non-detectable” THC and CBD, defined as less than 1 ppm. We believe this is due to the lack of established safety levels for THC and CBD in humans. Although higher limits would be preferable and potentially more practical, the current data does not support this.
Our past AND recent sampling has achieved these targets with an 85% pass rate using standard cleaning processes, demonstrating feasibility.
Availability of Testing Facilities
Contrary to claims that no testing facilities exist capable of meeting the FDA’s required levels of detection, such facilities do exist. The FDA has approved Eurofins’ methodology, and the HFC has identified five other non-Eurofins labs capable of performing this level of testing and analysis: Mission Mountain Labs, SC Labs, KCA Labs, Genista, and Adam’s Independent Testing.
While some state departments of agriculture may not have the capacity to test to these levels, they routinely send samples to external labs when needed. This is not a unique situation. The FDA’s requirement for “non-detectable” THC and CBD levels in eggs from chickens fed HSM is authoritative and enforceable. These facilities ensure compliance with the FDA’s stringent standards, enabling the safe and regulated use of HSM in animal feed.
Seed Cleaning Processes
Additionally, claims that seeds utilized in HFC’s studies underwent multiple or extraordinary cleaning processes are false. The seeds used in HFC’s tests and trials were cleaned using standard agricultural-grade screens and air cleaners. No extraordinary methods were employed, ensuring that the processes used are replicable and practical for widespread agricultural use. HFC partnered with reputable and veteran processors who use this data to generate products daily. This demonstrates the feasibility of achieving the required THC and CBD limits using typical industry practices.
Practical Implications and Expansion Beyond Egg-Laying Chickens
Currently, the market for hemp seed and its by-products is limited primarily to human food-grade products, which do not always meet market standards 100% of the time. Approving HSM for animal feed would provide a valuable alternative market, addressing a significant need for farmers and processors. For example, if the market share for chicken feed used for egg layers included just 5% HSM at a 20% inclusion rate, it would translate to approximately 384 million pounds of HSM required, necessitating over 650K acres of hemp cultivation. This would substantially benefit American farmers by providing a new, reliable market for their products, fostering economic growth, and promoting sustainable farming practices.
These numbers are staggering, and we are fully aware of this ingredient’s practical challenges with price point, availability, and volume. Nonetheless, it is almost overwhelming to consider even a portion of that potential.
However, egg-laying chickens are only the beginning. Our goal is to extend the approval of HSM to other livestock, such as broiler chickens and beef cattle, where the opportunities are significantly larger. At this very moment, we are coordinating with multiple researchers to collect the final data necessary to support an application for ruminants, small and large. We are optimistic about feeding trials in progress that are studying HSM for dairy cows.
For quick reference, beef cattle, which consume around 200 million tons of feed annually, a 5% market share, and a 20% inclusion rate would require 4 million pounds of HSM, translating to over 7 million acres of hemp cultivation. This broad adoption would create a substantial new market for hemp, benefiting farmers and processors alike.
Harmonization with International Practices
While harmonizing US hemp regulations with international standards would be ideal, the regulatory environment in the U.S. is different. The FDA’s stringent standards for cannabinoid content in food products make harmonization challenging. Moreover, other countries have their own regulatory systems for feed. Considering other countries’ regulations is an unreasonable ask and potentially a market-protective move by outside advocates. Whether a country follows another country’s regulations should not concern operators of nascent industries. The goal should be to loosen regulations according to each regulatory regime’s rules. The HFC’s primary focus is ensuring HSM’s safety and efficacy within the U.S. regulatory framework. Continued international dialogue and collaboration are essential for future alignment, but they fall outside the immediate scope of the HFC’s current application.
Collaboration and Data Sharing
The HFC has shared its extensive research data with contributors and partners and remains open to further collaboration. We have not discriminated against any entity seeking information or support. The HFC encourages continued data sharing and collaborative efforts to build a robust body of evidence supporting the safety and benefits of higher cannabinoid limits in animal feed. This collective effort will help advance the industry and support regulatory changes.
Economic and Environmental Benefits
Approving HSM for animal feed would significantly benefit the agricultural community, offering a new market for hemp products, supporting sustainable farming practices, and reducing supply chain waste. The potential market for HSM is substantial. Integrating HSM into feed for broiler chickens and beef cattle would require nearly 10 million acres of hemp cultivation. This scale of production would provide a true alternative crop, stabilize income for farmers, and improve soil health through crop rotation.
Moreover, opening this market drives demand for high-cost items in the production cycle, such as seeds used for growing grain and fiber. Increased supply in the market, while initially higher in cost, will ultimately drive down the prices of hemp seed meal, hemp seed oil, and other byproducts such as hulls. This will lower costs for both human consumers and animal producers. Despite their low market trading prices today, it also alleviates pressure on other crops experiencing high production costs, like corn, soy, and wheat. Additionally, it would positively impact the fiber market by preventing the rise of stalk prices caused by low grain production acres, benefiting all ancillary industrial hemp businesses.
Application Approval, Future Adjustments, and Next Steps
There is a misconception that the limits are final once this application is approved. This is false. Once we achieve approval, it will be easier to raise the limits because more data will become available as the market opens and processors begin their work. Increased market activity will also bring more funding to support the necessary studies. Arguing with the FDA for higher limits is ineffective; we need data to support our case. Approval of the current application is a crucial first step that will facilitate future adjustments based on robust evidence. Once we’ve achieved AAFCO member approval (expected in August), the likelihood of funding a study specifically targeted at increasing the THC and CBD thresholds is more likely as an open marketplace will allow for more funding to be available for such a study.
Conclusion
Legalizing HSM as a feed ingredient for egg-laying chickens is crucial for the growth of the hemp industry and the broader agricultural community. The FDA-derived limits are based on the best available data and regulatory requirements. The FDA is opening the door to our industry, the hemp industry. We can choose to walk through this door into a new room. This room may not be exactly everything that we wanted it to be, but it is significantly better than our current situation, and it is a necessary first step. From there, we have the ability to make changes or move to other opportunities. However, if we close the door on this opportunity, another one won’t be available for another 18-24 months.
The opposition from certain groups threatens the progress we have made and poses a direct threat to US-based hemp grain processors, genetic companies, farmers, and producers. It also negatively impacts the fiber market by keeping stalk prices artificially high due to low grain production acres, thereby affecting all ancillary industrial hemp businesses. The HFC remains committed to advancing the safe and effective use of HSM in animal feed, promoting sustainable agriculture, and supporting American farmers.
The journey to expand the use of hempseed meal in animal feed is ongoing, and we need your help to continue making strides. We seek funding for research studies and application costs for animals such as horses, beef cattle, and lambs, as well as additional egg layer studies to raise THC and CBD limits. Your monetary support is essential. We call upon our steadfast supporters and those who have yet to join us to invest in the future of the hemp industry. Together, we can achieve remarkable progress, enhance sustainable farming practices, and support the livelihoods of American farmers. Please donate to our cause and be part of this transformative journey.
Thank you for your continued support and commitment to advancing the hemp industry, animal producers, and agriculture at large.
Yours in support,
Andrew Bish
President, Hemp Feed Coalition
