I 
118TH CONGRESS 
1ST SESSION H. R. 3755 
To amend the Agricultural Marketing Act of 1946 to exempt industrial 
hemp from certain requirements under the hemp production program, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 30, 2023 
Mr. ROSENDALE (for himself and Ms. HOULAHAN) introduced the following 
bill; which was referred to the Committee on Agriculture 
A BILL 
To amend the Agricultural Marketing Act of 1946 to exempt 
industrial hemp from certain requirements under the 
hemp production program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Industrial Hemp Act 
of 2023’’. 
SEC. 2. EXEMPTIONS OF INDUSTRIAL HEMP UNDER HEMP 
PRODUCTION PROGRAM. 
(a) DEFINITIONS.—Section 297A of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1639o) is amended— 
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(1) in paragraph (1)— 
(A) by striking the period at the end and 
inserting ‘‘; and’’; 
(B) by striking ‘‘means the plant’’ and in-
serting the following: ‘‘means— 
‘‘(A) the plant’’; and 
(C) by adding at the end the following: 
‘‘(B) industrial hemp.’’; 
(2) by redesignating paragraphs (3) through 
(6) as paragraphs (4) through (7), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) INDUSTRIAL HEMP.—The term ‘industrial 
hemp’ means the plant Cannabis sativa L. if the 
harvested material is only— 
‘‘(A)(i) the stalks of that plant; 
‘‘(ii) fiber produced from those stalks; or 
‘‘(iii) any other manufacture, derivative, 
mixture, or preparation of those stalks (except 
cannabinoid resin extracted from those stalks); 
‘‘(B) whole grain, oil, cake, nut, hull, or 
any other compound, manufacture, derivative, 
mixture, or preparation of the seeds of that 
plant (except cannabinoid resin extracted from 
the seeds of that plant); or 
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‘‘(C) viable seeds of that plant produced 
solely for production or manufacture of any ma-
terial described in subparagraph (A) or (B).’’. 
(b) STATE AND TRIBAL PLANS.—Section 297B of 
the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(A)— 
(i) 
by 
redesignating 
clauses 
(ii) 
through (vii) as clauses (iii) through (viii), 
respectively; 
(ii) by inserting after clause (i) the 
following: 
‘‘(ii) a procedure by which a hemp 
producer shall designate the type of pro-
duction of the hemp producer as— 
‘‘(I) industrial hemp; or 
‘‘(II) hemp for any purpose;’’; 
(iii) in clause (iii) (as so redesig-
nated), by inserting ‘‘, excluding industrial 
hemp,’’ after ‘‘hemp’’; and 
(iv) in clause (viii) (as so redesig-
nated), by striking ‘‘(vi)’’ and inserting 
‘‘(vii)’’; 
(B) in paragraph (3)— 
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(i) in subparagraph (A), in the matter 
preceding clause (i), by striking ‘‘Nothing’’ 
and inserting ‘‘Except as provided in sub-
paragraph (C), nothing’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(C) PREEMPTION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), no State or Indian 
tribe may establish or continue in effect 
any law that— 
‘‘(I) regulates the production of 
industrial hemp in compliance with 
this subtitle; and 
‘‘(II) is more stringent than this 
subtitle. 
‘‘(ii) VIOLATIONS WITH HIGHER CUL-
PABILITY.—Clause (i) shall not apply to 
any law relating to any violation of or de-
scribed in subsection (e)(3).’’; and 
(C) by adding at the end the following: 
‘‘(4) INSPECTIONS OF INDUSTRIAL HEMP PRO-
DUCERS.—With respect to annual inspections of in-
dustrial 
hemp 
producers 
under 
paragraph 
(2)(A)(vi)— 
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‘‘(A) the inspection shall be a visual in-
spection; 
‘‘(B) if a producer fails a visual inspection 
under subparagraph (A), the State or Indian 
tribe may require the producer to provide to the 
State or Indian tribe documentation that dem-
onstrates a clear intent and in-field practices 
consistent with the designation of the type of 
production as industrial hemp under paragraph 
(2)(A)(ii)(I), including seed tags, sales con-
tracts, a Farm Service Agency report, harvest 
techniques, or a harvest inspection; and 
‘‘(C) if a producer fails to provide docu-
mentation demonstrating a clear intent and in- 
field practices described in subparagraph (B), 
the State or Indian tribe may require chemical 
testing on harvested material of the producer 
that failed the visual inspection under subpara-
graph (A).’’; 
(2) in subsection (e)— 
(A) in paragraph (2)(A)(iii), by striking 
‘‘basis.’’ and inserting ‘‘basis, unless the hemp 
producer designated the type of production as 
industrial 
hemp 
under 
subsection 
(a)(2)(A)(ii)(I).’’; and 
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