*** IMPORTANT & URGENT—PLEASE READ ***

Dear NASC Members, Retailers, Veterinarians and Pet Owners:

Thank you to everyone who sent in the Idaho Department of Agriculture’s notification of intended regulatory action for hemp products in animal feed and remedies, as referenced in our August 12 update on this topic.

In that update, we indicated that we had reached out to Ms. Andrea Thompson (author of the notification) and senior level individuals to discuss the serious negative impacts of these actions against dosage form animal health products for companion animals. I am happy to report that we had a very positive conversation on Tuesday, August 16, 2022, with three members of the Idaho State Department of Agriculture (ISDA): 

• Chanel Tewalt, Deputy Director
• Lloyd Knight, Administrator, Division of Plant Industries
• Andrea Thompson, Section Manager–Feed & Plant Services 

As noted above, the discussions were promising and took place with a cooperative tone rather than a confrontational one. We discussed the impact the action would have to the industry, economy and animals, along with possible solutions for working with the state of Idaho.

SIGNIFICANT POINTS OF IMPACT

1. The recommendations for enforcement action are not based on safety concerns. Based on the data we have in our systems and from the safety study NASC has sponsored, we do not believe there is a risk of negative health consequences for dosage form animal health (animal remedy) products.
   
   Additionally:
   1. We reviewed the data today with our clinicians at Nutrasource who are coordinating the NASC-sponsored study. There were no significant concerns for safety in the 32 dogs studied over the 90-day timeframe. (The 90-day timeframe and protocols for the study were based on FDA/CVM’s input.)
   2. From the data contributed by NASC members and tracked by the NASC Adverse Event Reporting System (NAERS^®), data from an Ingredient Risk Report run on 08/11/2022 indicates:
      1. There are 1,124 individual SKUs tracked by our system for products containing hemp/hemp-derived compounds.
      2. Since 2010, there have been nearly 800 MILLION administrations of hemp/hemp-derived compounds to dogs, cats and horses.
      3. There were 1,595 non-serious adverse events reported, which are self-resolving.
      4. There were 10 serious adverse events requiring veterinarian involvement reported.
         
         Non-serious adverse events and serious adverse events may or may not be due to the product. However, in either case, no matter if the administrations are overstated and the AERs are significantly understated, the risk is extremely low.

2. The removal of these products from the marketplace creates a serious economic impact in a country facing potential economic downturn. These products have been allowed to be marketed without any significant regulatory action for many years, which has created a multi-million-dollar industry. This action would significantly impact HUNDREDS of industry participants, including small businesses that make up a large portion of the U.S. economy. Literally hundreds of businesses in Idaho will be negatively impacted, along with millions of dog and cat owners. 

3. MOST IMPORTANTLY: We strongly believe that removing products from the marketplace will result in harm to the very animals we all want to protect.
   1. This is because pet owner demand for these products will not vanish. Owners will instead:
      1. Turn to human products, and they will guess how much to give their animal,
      2. Buy from questionable internet companies that are impossible to police,
      3. Buy from dispensaries or private individuals who sell products with THC content that exceeds what is federally allowable in hemp, and is therefore considered marijuana,
      4. Decide not to tell their veterinarian they are giving their animals hemp/hemp-derivatives, like CBD, out of fear that they would be accused of violating the law,
      5. Create the perfect environment for a black-market industry that makes it far too easy for irresponsible providers to fill the demand for products.

Key Outcomes and Actions

There are really only two reasonable options to address this issue:

1. Allow products to be marketed using enforcement discretion:
   Idaho (and any state really) can exercise enforcement discretion to allow the marketing of products, provided companies act responsibly. This happens all the time. However, in Idaho, state statutes may not give the department this ability for hemp products. Which means,

2. Legislative solution:
   NASC will draft a formal request, which we will send to the ISDA outlining the issue, impact, and recommended approach that we believe is responsible. This will be done as a priority, and we will involve the ISDA in the process and do everything possible to have a jointly supported approach that will provide benefits to ALL Stakeholders.

•  How long will this take? Addressing the issue is a high priority for NASC, our members, veterinarians, retailers, pet owners and the animals we all care about. We will pursue solutions on an expedited timeframe.
  
  
• What should you do? Stay current on the issue and check the NASC website. Updates on NASC actions, activities, and direction will be posted at: https://www.nasc.cc/news/idaho-targets-hemp/
  
  *** IMPORTANT*** Please do not send e-mails or make phone calls to the department or to elected officials yet. As was indicated earlier, we felt our discussions with personnel from the Idaho State Department of Agriculture were very positive with a tone of cooperation. We want to have a coordinated effort to avoid convoluting or confusing the issue, which is already confusing enough to many legislators.
  
  There will be a time when your voice is needed, and we will let you know what action to take and when to get directly involved. 

• If you live or do business in Idaho: Send us your contact information, e-mail address and pass this along to your professional and personal contacts, and anyone you know that may be impacted by this decision.

We apologize for the lengthy update and thank you for your interest and help. We firmly believe that if we all pull together, we can successfully address this issue in everyone's best interest. 

Sincerely, 

—Bill Bookout, NASC President