Remediation and Disposal Guidelines for Hemp Growing Facilities

U.S. Domestic Hemp Production Program

Issued January 15, 2021

Purpose: 

1. Standard Remediation and Disposal guidelines are specified for commercial indoor and 

outdoor production of hemp as well as the production of hemp for research purposes.

2. Remediation refers to any process by which non-compliant hemp (THC concentration > 0.3%) 

is rendered compliant (THC concentration ≤ 0.3%). Remediation can be achieved by separating 

and destroying non-compliant flowers while retaining stalks, leaves, and seeds; or by shredding 

the entire hemp plant to create a homogenous “biomass” that can be retested for THC 

compliance.

3. Disposal means destroying non-compliant hemp or hemp for research purposes using one of 

the approved on-farm methods. Approved methods include plowing under, mulching / 

composting, disking, bush mowing, deep burial, and burning.

Scope: 

1. Commercial lots shall be subject to remediation or disposal when a sample tests over the 

acceptable hemp THC level according to laboratory results obtained through, USDA approved 

State or Tribal sampling and testing protocols or USDA sampling and testing protocols. 

2. Commercial lots that test above the acceptable hemp THC level shall be subject to either 

remediation or disposal.

3. Samples must be collected by a USDA-approved sampling agent, an approved state agency, or 

by a Federal, State, or Tribal law enforcement agent authorized by USDA to collect samples. 

4. It is the responsibility of the licensed producer or researcher to pay any fees associated with

resampling, remediation, and/or disposal.

5. Producers must verify disposal or remediation by submitting required documentation in 

accordance with 7 CFR §990.27. All records regarding disposal and remediation of all cannabis 

plants that do not meet the definition of hemp shall be made available for inspection by State, 

Tribal, or USDA inspectors, auditors, or their representatives during reasonable business hours in 

accordance with an applicable State or Tribal plan or §990.28.

6. Laboratories should have an effective disposal procedure as part of an internal SOP for noncompliant samples.

Summary of Practice: 

1. This practice provides procedures for ensuring the disposal or remediation of non-compliant 

hemp. When a cannabis sample tests over the acceptable THC concentration level, all cannabis 

plants in the lot shall either be remediated to bring the lot under the acceptable THC 

concentration level, or all cannabis plants shall be disposed of. Both remediation and disposal 
may be performed by the producer, researcher or an approved representative of the State, Tribe, 

or USDA.

In accordance with §990.3, the State or Tribal plan shall include methodologies for ensuring that 

non-compliant hemp is properly remediated or destroyed. This may come in the form of inperson verification by State or Tribal representatives, or alternative requirements that direct 

growers to provide pictures, videos, or other proof that disposal or remediation occurred 

successfully. Hemp produced for research must be disposed of in accordance with the applicable 

State or Tribal plan or §990.21(d), for research conducted with a USDA producer license. 

2. Non-compliant hemp plants may be remediated by separating and destroying non-compliant 

flowers, while retaining stalks, leaves, and seeds. 

3. Non-compliant hemp plants may be remediated by shredding the entire hemp plant to create 

“biomass.” All flowers, buds, trichomes, leaves, stalks, seed, and all plant parts from a lot 

should be chopped or shredded in such a way as to create a homogenous, uniform blend of the 

lot called “biomass.” Lots should be kept separate and not be combined during this process. This 

biomass shall be resampled and retested to ensure the biomass material tests within an acceptable 

THC concentration level before it may enter the stream of commerce in accordance with 

§990.3(d) and §990.27(c). If the biomass tests above the acceptable THC concentration level is 

non-compliant hemp and must be destroyed through one of the disposal options provided herein.

4. Disposal means destroying non-compliant hemp by performing any one or combination of the 

following on-farm activities: plowing under, mulching / composting, disking, bush mowing, 

deep burial, and burning. 

Equipment and Supplies: 

1. Equipment for Remediation

1.2. Gloves

1.3 Shears, clippers, scissors, shredding equipment (to remove non-compliant flowers from 

stalks)

1.4 Striping, shredding, or mulching equipment

1.5 Large plastic bags or other containers to store shredded biomass

1.6 The bags and containers should be made from material known to be free from THC

1.7 Marking and labeling equipment (to mark and label hemp lots for remediation from other 

lots)

2. Equipment for Disposal

2.1. Plow or tractor (for plowing, mulching, composting, disking, bush mowing, deep burial)

2.2. Composter (for composting)

2.3 A burn area and fire equipment (for burning non-compliant lots)

3. Equipment for Resampling

3.1. Disposable gloves – Nitrile

3.2. Scoop with long handle (cleaned prior to and following each sample)

3.3 Bag to store resample

3.4. Permanent markers
3.5. The bags should be made from material known to be free from THC 

3.6. A 750 mL or similar measuring instrument (cleaned prior to and following each sample)

Remediation Guidelines: 

1. The licensee or designated employee; or an approved representative of the State, Tribe, or 

USDA shall remediate or destroy non-compliant hemp in accordance with §990.3(d) and 

§990.27(c). As part of a State or Tribal plan, a State or Tribe shall create procedures for ensuring 

that any non-compliant hemp parts or biomass that are non-compliant with the acceptable hemp 

THC level after remediation are properly destroyed and unable to enter the stream of commerce

as set forth in 7 C.F.R. § 990.3(a)(6). A State or Tribal plan may require that State or Tribal

officials be present during the remediation or disposal process.

2. Upon notification that a lot has tested above the acceptable hemp THC level, the licensee 

should notify the appropriate licensing authority of the licensee’s decision to either destroy or 

remediate the non-compliant lot in accordance with the State, Tribal, or USDA plan. The 

licensee shall notify the State, Tribe, or USDA of their decision to either remediate or dispose of 

the non-compliant lot. Additionally, the licensee should notify the State, Tribe, or USDA, of the 

remediation or disposal method set forth in §990.70 and §990.71. 

3. If the licensee chooses to remediate the non-compliant lot, the licensee should select either to 

separate and remove all flowers from stalks, leaves and seeds of the lot or to shred the entire lot 

into “biomass.” 

4. Separation and removal of the flowers from stalks, leaves and seeds: 

4.1 The flowers, including buds, trichomes, “trim,” and “kief,” should be removed from the lot 

and destroyed. As part of a State or Tribal plan, State and Tribes should include acceptable 

methods for the removal of non-compliant flowers and floral material under this remediation 

strategy. Methods may include, but are not limited to, the removal, by hand, of non-compliant 

flowers and floral materials and the mechanical removal of non-compliant flowers and floral 

materials.

4.2 Until such time as the non-compliant flowers and floral material are disposed of, the stalks, 

leaves, and seeds should be separated from the non-compliant floral material and clearly labeled 

and demarcated as “hemp for remediation purposes.” 

4.3 Seeds removed from non-compliant hemp during remediation should not be used for

propagative purposes. 

5. Creation of Biomass 
5.1 The entire lot, as reported to the FSA, should be shredded to create a homogenous, uniform 

biomass. As part of a State or Tribal plan, State and Tribes shall include acceptable methods for 

the creation of biomass under this remediation strategy. Methods may include, but are not limited 

to, the shredding of hemp plants through shredders, composters, or specialty mechanical 

equipment.

5.2 The biomass created through this process shall be resampled and retested to ensure 

compliance before entering the stream of commerce in accordance with §990.3(a)(6) and 

§990.27(c). Biomass that fails the retesting is non-compliant hemp and shall be destroyed. 

5.3. Remediated biomass should be separated from any compliant hemp stored in the area and 

clearly labeled and demarcated as “hemp for remediation purposes.” All lots subject to 

remediation should be stored, labeled and demarcated apart from each other and from other 

compliant hemp lots stored or held nearby. 

5.4. Remediated biomass should not leave the labeled and demarcated area until a test result 

showing compliance with the acceptable hemp THC level is received or until the biomass will be 

destroyed. 

Re-sampling Remediated Biomass:

1. Remediated biomass shall be resampled and retested to ensure compliance before entering the 

stream of commerce in accordance with §990.3(a)(6) and §990.27(c). Biomass that fails the 

retesting shall be destroyed.

2. The resample should be taken by sampling agent as described in the “Sampling Guidelines."

3. A representative sample of the biomass should be taken for compliance purposes. When taking 

the resample, the sampling agent should take biomass material from various depths, locations,

and containers in the labeled and demarcated area to collect a representative sample of the 

material. At minimum, ~750 mL or three (3) standard measuring cups of biomass material 

should be collected. Sampling agents may collect more biomass material based on the 

requirements of the testing laboratory. If ~750 mL of material is not available, the sampling 

agent should collect enough biomass material for a representative sample.

4. An original copy of the resample test results, or a legible copy, should be retained by the 

producer or an authorized representative and available for inspection for a period of three (3) 

years from the date of receipt. 

5. Laboratories testing a resample should utilize the same testing protocols as when testing a 

standard sample as described in the “Laboratory Testing Guidelines.”
Disposal Guidelines:

Photo Example Ag Production 

Activity

Compliant 

outcome Photo Example

Plowing Under

• Curved 

plow blades 

rotate 

subsoil to 

surface and 

bury crop 

below 

Plowing Under

• “Green 

Manure”

• Amends 

soil directly 

from crop

Mulching / 

Composting

• Fields crops 

cut and 

blended 

with 

manure or 

other 

biomass 

material

Mulching / 

Composting

• “Green 

Manure”

• Mulch 

mixed with 

manure 

or other 

biomass 

Disking

• Leveling of 

field using 

tow-behind 

disk 

implement

Disking

• “Green 

Manure”

• Amends 

soil directly 

from crop 

while 

leveling 

field
Photo Example Ag Production 

Activity

Compliant 

outcome Photo Example

Bush Mower / 

Chopper

• Commercial 

lawn 

mower used 

to shred and 

mix thick 

vegetation

Bush Mower / 

Chopper

• “Green 

Manure”

• Shredded 

biomass 

decomposes 

into soil

Deep Burial

• Fields are 

trenched, 

surface soil 

is buried at 

depth of at 

least 12”

Deep Burial

• Field 

biomass 

buried in 

trenches 

and covered 

with soil

Burning

• Setting fire 

to specific 

production 

fields or 

biomatter 

piled on the 

field

Burning

• Fields are 

cleared of 

all plant 

material

Note: In accordance with 7 CFR 1.901(e), the contents of this document does not have the force and 

effect of law and are not meant to bind the public in any way, and the document is intended only to 

provide clarity to the public regarding existing requirements under the law or agency policies.