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THE VOICE OF FOOD RETAIL 

Feeding Families l, Enriching Lives 

March 11, 2019 

Electronic Submission in Advance of Listening Session on March 13 

Agricultural Management Service 

U.S. Department of Agriculture 

1400 Independence Ave., S.W. 

Washington, DC 20250 

Re: USDA Agricultural Marketing Service 2018 Farm Bill Listening Session on the Regulation of 

Industrial Hemp; Public Comment 

Food Marketing Institute appreciates the opportunity to provide input on this significant development. 

FMI proudly represents the food retail industry, which employs nearly 5 million workers and represents 

a combined annual sales volume of almost $800 billion. FMI membership includes the entire spectq.1m 

of food retail venues -from single owner grocery stores and large multi-store supermarket chains, as 

well as their pharmacies, to online and mixed retail stores. In total, FMI member companies operate 

nearly 33,000 retail food stores and 12,000 pharmacies. Through programs in food safety, public affairs, 

research, education, health and wellness and industry relations, FMI offers resources and provides 

valuable benefits to almost 1,000 food retail and wholesale member companies, while serving 85 

international retail member companies. In addition, FMI has almost 500 supplier member companies 

that provide products and services to the food retail industry. For more information about FMI, please 

visit www.fmi.org. 

On December 20, 2018, President Trump signed the Agricultural Improvement Act of 2018 (the Farm 

Bill) into law with several provisions that change the regulatory framework for the cultivation and 

production of hemp in the U.S., in addition to the commercialization of hemp-derived ingredients and 

products. Importantly, these provisions redefine "hemp" and amend the Controlled Substances Act 

(CSA) to make clear that hemp, under this revised definition, is excluded from the CSA definitions of 

marijuana and tetrahydrocannabinol (THC). Therefore, hemp, under this new definition, is no longer 

subject to control as a Schedule I controlled substance under the CSA. As a result, it has been widely 

reported that the Farm Bill "legalized" hemp and hemp derivatives, such as cannabidiol (CBD), which has 

generated significant attention in recent months. 

FMI understands passage of the Farm Bill did not preempt state law regarding the manufacturing and/or 

sale of products containing hemp or hemp-derivatives, nor did it alter the Food and Drug 

Administration's (FDA's) authority over the use of hemp or hemp-derivatives in FDA-regulated products. 

However, given the complex regulatory landscape and growing consumer interest in all things hemp, it is 

understandable stakeholders across the board remain both interested and confused. As a result, FMI 

regularly fields a wide range of questions from member companies regarding the production and sale of 

hemp/hemp-derivates; from its supply and transportation, including issues relating to interstate 

commerce, to which products can be sold legally and their labeling requirements. 
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II I II I IIII II I Ill 111111111111111 

THE VOICE OF FOOD RETAIL 

Feeding Families l, Enriching Lives 

Given the public's widespread interest in the production and use of hemp and hemp-derivatives, FMI 

respectfully requests that USDA work with FDA to provide increased clarity around the regulatory 

framework for production and sale of hemp products. FMI will remain closely engaged and would 

welcome the opportunity to collaborate or help in any manner. To that end, please don't hesitate if we 

can be a resource, and we look forward to working with you. On behalf of the retail grocery sector and 

supermarket industry, FMI appreciates the opportunity to provide these brief remarks. 

* * * 

If you have questions about these remarks or would like additional information, please feel free to 

contact Peter Matz at pmatz@fmi.org or 202-220-0805. 

Sincerely, 

Peter Matz 

Director, Food and Health Policy