N.Y. Agric. & Mkts. Law § 510
Granting, suspending or revoking licenses
Redline — January 1, 2020 → current.View current text →
Current — January 1, 2021
As of January 1, 2020
* § 510. Industrial hemp seed certification program. The commissioner\nshall establish an industrial hemp seed certification program in the\ndepartment to, among other things, set industrial hemp seed\ncertification standards and establish seed quality benchmarks to ensure\nthat the local hemp cultivars are developed to be well adapted for New\nYork state's climate and farm management practices and that they are\nstable with respect to the concentration of delta-9\ntetrahydrocannabinol.\n * NB Effective until March 8, 2020\n * § 510. Regulations. The commissioner may develop regulations\nconsistent with the provisions of this article for the growing and\ncultivation, sale, distribution, and transportation of industrial hemp\ngrown in the state, including:\n 1. the authorization or licensing of any person who may: acquire or\npossess industrial hemp plants or seeds; grow or cultivate industrial\nhemp plants; and/or sell, purchase, distribute, or transport such\nindustrial hemp plants, plant parts, or seeds;\n 2. maintaining relevant information regarding land on which industrial\nhemp is produced within the state, including the legal description of\nthe land, for a period of not less than three calendar years;\n 3. the procedure for testing of industrial hemp produced in the state\nfor delta-9-tetrahydrocannabinol levels, using a representative\nnon-decarboxylated sample of flowers and leaves from the whole plant or\nother similarly reliable methods;\n 4. the procedure for effective disposal of industrial hemp plants or\nproducts derived from hemp that are produced in violation of this\narticle;\n 5. a procedure for conducting at least a random sample of industrial\nhemp producers to verify that hemp is not produced in violation of this\narticle;\n 6. any required security measures; and\n 7. such other and further regulation as the commissioner deems\nappropriate or necessary.\n * NB Effective March 8, 2020\n
§ 510. Granting, suspending or revoking licenses. After due notice and\nopportunity to be heard, as established by rules and regulations, the\ncommissioner may decline to grant a new license, impose conditions or\nlimits with respect to the grant of a license, modify an existing\nlicense or decline to renew a license, or suspend or revoke a license\nalready granted, whenever the commissioner finds that:\n 1. A material statement contained in an application is or was false or\nmisleading;\n 2. The applicant or licensee, or a person in a position of management\nand control thereof or of the licensed activity, does not have good\nmoral character, necessary experience or competency, adequate\nfacilities, equipment, process controls, testing capability or security,\nto grow, cultivate and process hemp in connection with its growing and\ncultivation or to sell hemp plants or hemp seed;\n 3. After appropriate notice and opportunity, the applicant or licensee\nhas failed to produce any records or provide any information required by\nthis article, the rules and regulations promulgated pursuant thereto or\ndemanded by the commissioner, reasonably related to the administration\nand enforcement of this article;\n 4. The applicant or licensee, or any officer, director, partner, or\nother person exercising any position of management or control thereof\nhas willfully failed to comply with any of the provisions of this\narticle or rules and regulations promulgated pursuant thereto or other\nlaw of this state applicable to the licensed activity; or\n 5. The licensee has failed to comply with its compliance action plan\nestablished under section five hundred sixteen of this article.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.