Basic guidelines for industrial hemp farmers in Germany

As Germany continues to further define its legal framework for hemp cultivation, the Federal Office for Agriculture and Food (BLE) has published a comprehensive guide for 2024 to equip farmers with the information they need to navigate this growing sector. This guide provides a detailed roadmap for compliance and aims to ensure that farmers can grow hemp effectively and legally. Here are the most important points. For more details, please refer to the BLE.

The legal and regulatory framework

The 2024 hemp cultivation guidelines are rooted in several critical legal documents that govern agricultural practices in Germany and the broader EU:

• EU Regulation 2021/2115: This outlines the support structure for agricultural strategic plans funded by the EU, crucial for those seeking subsidies.
• Delegated Regulation (EU) 2022/126: This provides the procedural details for implementing the broader EU agricultural policies.
• Cannabisgesetz - CanG: Specifically tailored to the cultivation of cannabis, this national law sets the framework for what is permissible in hemp farming.
• GAP-integrated administration and control system regulation: This ensures that all agricultural activities are properly documented and monitored by authorities.

Seed certification and documentation

Under the 2024 Guidelines, farmers applying for direct payments for hemp cultivation must go through a structured application process. These payments to support agricultural activities require the farmer to be able to provide detailed documentation on their areas under cultivation.

An essential part of this application is the use of certified hemp seeds that are duly listed in a national catalogue of varieties. This certification guarantees that the THC content of the hemp does not exceed the legal limit of 0.3%, which is in line with legal standards. In order to verify the use of these certified seeds, farmers must also provide proof in the form of an official seed label. These labels, which are attached to the seed packaging, must be presented to the authorities as part of the conformity procedure. This system ensures that all hemp grown fulfils the established safety and quality standards. Farmers receiving direct payments must submit these labels with their application. Farmers who do not receive direct payments must still submit the labels by 1 July of the cultivation year. If sowing takes place after 30 June, the deadline is extended to 1 September.

The declaration form, which is usually attached to the application documents provided by the local agricultural authorities, must be submitted by farmers to the local authorities. This declaration is essential both for the receipt of direct payments and for compliance with EU agricultural policy. Once submitted, these forms are checked by the local authorities and forwarded to the Federal Office for Agriculture and Food (BLE) for further processing.

Farmers are also required to submit a cultivation declaration of their hemp cultivation areas to the Federal Agency by 1 July each year. This also applies if hemp is grown as a cover crop, a common practice in sustainable agriculture to improve soil health between the main crop rotations. It is important to note that the submission of the cultivation area declaration does not eliminate the need for a separate cultivation notification, as required by the Cannabis Act (CanG).

Monitoring compliance with regulations and harvesting provisions

The BLE conducts THC content checks through random sampling to ensure that the cultivated hemp complies with the legal THC limits. Farmers whose fields are selected for testing are notified and may be required to submit additional documentation, such as a bloom report, though this is generally not required unless specifically requested.

Before harvesting, farmers must receive a formal clearance from the BLE, either through a specific authorization letter or after the completion of THC testing. This ensures that all harvested hemp meets regulatory standards and is safe for processing and sale.

The BLE provides specific forms and templates for all required reports and declarations. Farmers must use these official documents to ensure their submissions are accepted and processed efficiently. These forms are available directly from the BLE or can be requested via mail or their official website.

Conclusion

For farmers in Germany, understanding and complying with the 2024 hemp cultivation guidelines is crucial for successful and legal operations in the agricultural sector.

However, by complying with these guidelines, farmers not only fulfil national and EU regulations, but also contribute to the sustainable and responsible growth of the hemp industry in Germany. This detailed framework supports the development of a robust agricultural sector that capitalises on the environmental and economic benefits of hemp while ensuring strict monitoring and compliance.