Amendments to Hemp Industry Act 2008
Amendments to Hemp Industry Act 2008
Hemp SLR Amendments – Summary tables of changes
Statute Law (Miscellaneous Provisions) Bill 2023 Amendments
Legislation | Regulation | Section/ Clause | Amendment | What this means |
Hemp Industry Act 2008 | Low-THC hemp | 3 | Amending the definition of low-THC hemp in section 3 to include ‘resin’ as an example of a product that can be derived from a low-THC Plant. | Clarify that resin is an example of a product that can be derived from a low-THC hemp, along with oil and fibre. |
Hemp Industry Act 2008 | Low-THC hemp | 5 | Amending section 5 by inserting a new note that refers to the updated definition of low-THC hemp including resins and other products derived from the plant. | Clarify that a licence authorising a person to cultivate or supply low-THC hemp can include the production of oil, fibre or resin. |
Hemp Industry Act 2008 | Low-TCH hemp | 5 | Removing the second note in section 5 that refers to provisions relating to the regulation of the cultivation of cannabis (including low-THC hemp) for medicinal and related scientific purposes, contained in the Narcotic Drugs Act 1967 (Cth). | Avoids confusion for industry participants and aids interpretation of the Act. |
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 Amendments
Legislation | Regulation | Section/ Clause | Amendment | What this means |
Hemp Industry Act 2008 | Authorised officer | 3 | Inserting definition of authorised officer. | The term inspector has been replaced with authorised officer to modernise the legislation. |
Hemp Industry Act 2008 | Authorised officer | 3 | Removing definition of inspector. | The term inspector has been replaced with authorised officer to modernise the legislation. |
Hemp Industry Act 2008 | Authorised officer | 3 | Replacing “inspector”, “inspector’s” and “inspectors” with the terms “authorised officer”, authorised officer’s” and “authorised officers” as appropriate. | The term inspector has been replaced with authorised officer to modernise the legislation. |
Hemp Industry Act 2008 | Authorised officer | 45 | Amending to “authorised officer includes a police officer”. | This amendment will provide consistent terminology. |
Hemp Industry Act 2008 | Search warrants | 28 | Replacing “authorised officer” with the term “issuing officer”, and for “issuing officer to have the same meaning as an authorised officer as defined in the Law Enforcement (Powers and Responsibilities) Act 2002. | This will create consistency with the Biosecurity Act 2015, and reduce confusion with authorised officers appointed under Department legislation. |
Hemp Industry Act 2008 | Licensing | 11, 15, 16, 36, 38 | Replacing “revocation”, “revoke”, and “revoked” with the terms “cancellation”, “cancel”, and “cancelled”. | The change in terminology will introduce consistency used across other statute laws administered and enforced by DPI Biosecurity and Food Safety officers. |
Hemp Industry Act 2008 | Notices, orders and other documents | 42 | Amending to allow for the service of documents by any form of electronic transmission to a nominated address or location. | Previously notices, orders and other documents under the Act could be served personally, by post or e-mail, or by any other method prescribed in regulations made under the Act. This change expands the options to allow for service of documents by any forms of electronic transmission to a nominated address or location. |
Hemp Industry Regulation 2016 | Licensing | 8, 11 | Replacing “revocation with “cancellation” wherever occurring | The change in terminology will introduce consistency used across other statute laws administered and enforced by DPI Biosecurity and Food Safety officers. |
Frequently Asked Questions
Why was the Act amended?
The amendments to sections 3 and 5 of the Hemp Industry Act 2008 will assist with interpretation of the Act, for example clarifying that resins are an example of a product that can lawfully be derived from a low-THC plant.
These minor amendments have been made as part of a legislative process that occurs periodically.
What is changing?
Three amendments will be made to the Hemp Industry Act 2008.
The first amendment changes the definition of low-THC hemp in section 3 to include ‘resin’ as an example of a product that can be derived from a low-THC Plant.
The second changes section 5 by inserting a new note that refers to this updated definition of low-THC hemp including resins and other products derived from the plant.
The third removes the second note in section 5 that refers to provisions contained in the Narcotic Drugs Act 1967 (Cth) to prevent confusion.
What does this mean?
There will be minor changes to the Hemp Industry Act 2008 make it clearer for industry.
The amendments will clarify that resin is an example of a product that can be derived from low-THC hemp, along with oil and fibre, and that a licence authorising a person to cultivate or supply low-THC hemp can include the production of oil, fibre or resin. The Department will now be able to consider the lawful production of products made from these resins when considering licence applications.
The removal of the second note in section 5 will avoid confusion for industry participants and aid interpretation of the Act. However, licences for medicinal or therapeutic purposes in NSW will continue to be regulated by the Australian Government, through the Office of Drug Control and Therapeutic Goods Administration.
What low-THC hemp products can be produced?
It can be unclear which low-THC hemp products can lawfully be produced.
The following list of products are examples of those that can lawfully be produced, however there are restrictions, and there may be additional products not included in the list below:
- Oil: Paint, varnishes, ink, solvents, fuels, pet food or other oils made from hemp seed.
- Fibre: Paper, rope, canvas, carpet backing, geotextiles, clothing, cement blocks, stucco and mortar, mulch, compost and animal bedding
- Resin: Resins, glues, adhesives, putty, gels, lubricants or products with clear industrial use.
- Other products: Soaps, shampoo, cleaning products, cosmetics, creams or ointments.
Note: There are restrictions in place limiting the maximum concentration of THC to 50mg/kg in any of these products. None of these products can be for internal human use and/or the labels must advise the user that they cannot be taken (i.e consumed). These products must not promote, advertise, claim or infer any medicinal, psychoactive or therapeutic benefits.
The following list of products are examples of those that cannot be lawfully produced:
Medicines, tinctures, herbal remedies, naturopathic remedies or any product where a therapeutic claim or remedy is stated or implied. These types of products are regulated by the Commonwealth Office of Drug Control and the Therapeutic Goods Administration, not by NSW Government. To find out further information about producing these types of products, please contact the Office of Drug Control or Therapeutic Goods Administration.
Extractions in oils, alcohols or other liquids that contain THC levels higher than 50mg/kg.
Dronabinol - a generic name for the molecule of delta-9-tetrahydrocannabinol in the pharmaceutical context/products.
Can low-THC hemp products be used for food?
Yes, the following low THC hemp seed product types can be sold as a food under the Food Standards Code of Australia and New Zealand:
Seeds
- Non-viable (cannot be grown into a plant) and hulled
- THC concentrations of not more than 5mg/kg
- Cannabidiol (CBD) concentrations not greater than 75mg/kg
- Other cannabinoids are only permitted if naturally present
Oil
- Extracted from seeds only.
- THC - not more than 10 mg/kg of total THC
- CBD – not greater than 75mg/kg
- Other cannabinoids are only permitted if naturally present
- Beverage
- Derived from seeds.
- THC - not more than 0.2 mg/kg of total THC
- CBD – not greater than 75mg/kg
- Other cannabinoids are only permitted if naturally present
- Any other low THC hemp product
- Derived from seeds.
- THC - not more than 5 mg/kg of total THC
- CBD – not greater than 75mg/kg
- Other cannabinoids are only permitted if naturally present
Are there restrictions for labelling or advertising low THC hemp foods?
Yes. Labelling and advertising of low THC hemp food has some important restrictions.
The food product must not be labelled, or otherwise presented, in any way that expressly or implicitly suggests that the food product has a psychoactive effect.
The label must not include:
a claim about the nutritional content of cannabidiol; or
- a health claim about cannabidiol; or
- an image or representation of any part of the Cannabis sativa plant (including the leaf of that plant) other than the seed; or
- the words ‘cannabis’, ‘marijuana’ or words of similar meaning, however the word ‘hemp’ may be used.
How can I apply for a licence to grow low-THC hemp in NSW?
The NSW Department of Primary Industries (DPI) oversees the licensing for the cultivation of low-THC hemp. You'll need to complete an application form provided by DPI, provide relevant identification, and demonstrate compliance with specific requirements.
Are there restrictions on where low-THC hemp can be grown in NSW?
In NSW, the cultivation of low-THC hemp should follow the guidelines and restrictions outlined by DPI. It's essential to ensure you adhere to these restrictions which may include proximity to schools, residential areas, and public roads, as well as the appropriate securing of the crop.
Can low-THC hemp be exported from NSW?
The export of low-THC hemp products from NSW is subject to both national and international laws, as well as the regulations of the importing country. DPI or other relevant government agencies can provide guidance, but it's also advisable to seek independent legal advice.
How is the low-THC hemp industry regulated in NSW?
In NSW, DPI issues licenses for the cultivation and supply of low THC hemp for commercial production, manufacturing and scientific research. Authorised officers interact with licensees providing advice and monitoring activities to ensure compliance with the Act and associated regulations.
If you would like to learn more about licensing, please visit the DPI NSW Hemp Industry webpage at https://www.dpi.nsw.gov.au/agriculture/broadacre-crops/summer-crops/hemp/nsw-hemp-industry.
Can I sell low-THC hemp products online in NSW?
In NSW, the sale of certain low-THC hemp products may be allowed online, provided all relevant regulations and guidelines are followed. It's important to ensure you adhere to the specific regulations in NSW as well as any federal e-commerce laws.
