1. Short title This Act may be cited as the Industrial Hemp Act of 2023 . 2. Exemptions of industrial hemp under hemp production program (a) Definitions Section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o ) is amended— (1) in paragraph (1)— (A) by striking the period at the end and inserting ; and ; (B) by striking means the plant and inserting the following: “means— (A) the plant ; and (C) by adding at the end the following: (B) industrial hemp. ; (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (3) by inserting after paragraph (2) the following: (3) Industrial hemp The term industrial hemp means the plant Cannabis sativa L. if the harvested material is only— (A) (i) the stalks of that plant; (ii) fiber produced from those stalks; or (iii) any other manufacture, derivative, mixture, or preparation of those stalks (except cannabinoid resin extracted from those stalks); (B) whole grain, oil, cake, nut, hull, or any other compound, manufacture, derivative, mixture, or preparation of the seeds of that plant (except cannabinoid resin extracted from the seeds of that plant); or (C) viable seeds of that plant produced solely for production or manufacture of any material described in subparagraph (A) or (B). . (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)(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 by which a hemp producer shall designate the type of production of the hemp producer as— (I) industrial hemp; or (II) hemp for any purpose; ; (iii) in clause (iii) (as so redesignated), by inserting , excluding industrial hemp, after hemp ; and (iv) in clause (viii) (as so redesignated), by striking (vi) and inserting (vii)