The U.S. Department of Agriculture's National Agricultural Statistics Service (NASS) has announced its intention to refine the data collection process for domestic hemp production, a development detailed in a Federal Register notice published on August 13, 2026. This move seeks to reduce the reporting burden on farmers by eliminating a specific section from the "Hemp Production and Disposition Inquiry" questionnaire, a critical tool for understanding the burgeoning hemp industry.
Background on Hemp Legalization and Data Needs
The legal landscape for hemp has undergone significant transformation in recent years. The Agricultural Act of 2014 (2014 Farm Bill) initially permitted state departments of agriculture and higher education institutions to cultivate hemp for research purposes via pilot programs. This foundational authority was significantly expanded by the Agriculture Improvement Act of 2018 (2018 Farm Bill), which fully legalized hemp production across the United States. Under federal law, "hemp" is defined as the plant species Cannabis sativa L. and any part of that plant, including its seeds, derivatives, extracts, and cannabinoids, provided its delta-9 tetrahydrocannabinol (THC) concentration does not exceed 0.3 percent on a dry weight basis. This strict THC threshold differentiates legal hemp from marijuana, which remains a Schedule I controlled substance.
Legalized hemp has emerged as a versatile agricultural commodity with applications spanning fabric, paper, construction materials, food products, cosmetics, and the production of various cannabinoids like cannabidiol (CBD). Given this expanding market, comprehensive and accurate data on hemp production and disposition are essential. The 2018 Farm Bill mandates the Domestic Hemp Production Program, which necessitates robust information collection to inform policy, economic analysis, and risk management.
NASS's Role and the Proposed Change
NASS is tasked with collecting agricultural statistics crucial for various USDA agencies, including the Economic Research Service (ERS), Farm Service Agency (FSA), Risk Management Agency (RMA), and Agricultural Marketing Service (AMS). These agencies rely on NASS data to develop effective programs, assess market trends, and provide financial support to farmers. The "Hemp Production and Disposition Inquiry" (OMB Control Number 0535-0270) is the mechanism through which this vital information is gathered annually.
The current Federal Register notice highlights NASS's submission of a substantive change request to the Office of Management and Budget (OMB). The core of this proposed change is the removal of the "Operator Characteristics section" from the hemp questionnaire. This decision stems from a collaborative assessment by NASS management and representatives from other USDA agencies, aiming specifically to streamline the survey instrument and thereby minimize the reporting burden on those who respond. NASS has indicated that no other changes to the survey methodology or procedures are being proposed at this time.
Regulatory Compliance and Public Comment
This information collection is authorized by the 2018 Farm Bill and Title 7 U.S.C. 2204(a). A significant safeguard for respondents is Section 1770 of the Food Security Act of 1985, as amended, 7 U.S.C. 2276, which ensures strict confidentiality for individually identifiable non-aggregated data provided to the USDA. This commitment to privacy is fundamental to encouraging honest and thorough responses from agricultural producers.
NASS's submission for OMB review is in accordance with the Paperwork Reduction Act of 1995 (Public Law 104-13), which aims to minimize the federal paperwork burden on the public. This Act requires agencies to seek public comment on proposed information collections to ensure their necessity, accuracy, utility, and clarity, and to explore ways to reduce respondent burden, including through technological means.
The notice provides a 30-day window for public comment, with a deadline of September 14, 2026. Interested parties, including farms, businesses, and other for-profit entities that are currently or potentially respondents to this inquiry, are encouraged to provide feedback on four key areas: the necessity and practical utility of the information, the accuracy of the burden estimate, ways to enhance data quality and clarity, and methods to further minimize respondent burden. Comments can be submitted online via www.reginfo.gov/public/do/PRAMain, where the collection can be found under "Currently under 30-day Review--Open for Public Comments" or through the search function.
Implications for the Hemp Industry and Data Collection
The proposed removal of the "Operator Characteristics section" suggests an effort to focus data collection more narrowly on the production and disposition aspects of hemp, rather than detailed demographic or structural information about the farm operators themselves. While reducing respondent burden is a clear benefit, the long-term impact on the granularity of data available for certain analyses remains to be seen. However, by making the survey less cumbersome, NASS may improve response rates and the overall quality of the core production data.
The ongoing collection of this data is vital for a clear understanding of the domestic hemp market's growth, challenges, and economic contributions. Accurate statistics allow policymakers to develop informed agricultural policies, assist farmers in making business decisions, and provide valuable insights for risk management and crop insurance programs. The transparency of this process, through public comment, ensures that the data collection methods remain relevant and efficient for all stakeholders.
