; (B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; (C) that is an immature hemp plant intended for human consumption; (D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or an independent research institute; or (E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D). . (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)— (i) in subparagraph (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 under which a hemp producer shall be required to designate the type of production of the hemp producer as— (I) only industrial hemp; or (II) hemp grown for any purpose other than industrial hemp; ; and (III) in clause (iii), as redesignated by clause (i) of this subparagraph, by inserting except as provided in subparagraph (B)(i), before a procedure ; and (ii) in subparagraph (B), by striking include any other practice and inserting the following: include— (i) notwithstanding subparagraph (A)(iii), a procedure for the use of visual inspections, performance-based sampling methodologies, certified seed, or a similar procedure when developing sampling plans for any producer who elects to be designated as a producer of only industrial hemp under subparagraph (A)(ii)(I)