N.Y. Agric. & Mkts. Law § 514

* § 514. Industrial hemp workgroup. The commissioner shall appoint a\nNew York state industrial hemp workgroup, composed of researchers,\nproducers, processors and manufacturers, serving two-year terms, to make\nrecommendations concerning research topics for the industrial hemp\nresearch pilot program, state and federal policies and policy\ninitiatives, and opportunities for the promotion and marketing of\nindustrial hemp as consistent with federal and state laws, rules and\nregulations, which workgroup shall continue for such time as the\ncommissioner deems appropriate.\n * NB Effective until March 8, 2020\n * § 514. Aids to enforcement. 1. The commissioner shall have full\naccess to all premises, buildings, factories, farms, vehicles, cars,\nboats, airplanes, vessels, containers, packages, barrels, boxes, and/or\ncans for the purpose of enforcing the provisions of this article. The\ncommissioner may, at such locations, examine industrial hemp and hemp\nproducts and may open any package and/or container reasonably believed\nto contain industrial hemp or hemp products, to determine whether such\nindustrial hemp or hemp products follow applicable law or regulation.\n 2. A search warrant shall be issued by any court to which application\nis made therefor, whenever it shall be made to appear to such court that\na licensee has: refused to permit any industrial hemp to be inspected or\nsamples taken therefrom; refused to permit access to any premises, or\nplace where licensed activities are conducted; and/or refused or\nprevented access thereto by any inspector of the department and that\nsuch inspector has reasonable grounds to believe that such person has\nany industrial hemp in his or her possession, or under his or her\ncontrol and/or is in violation of the provisions or regulations of this\narticle. In such a case, a warrant shall be issued in the name of the\npeople, directed to a police officer, commanding him or her to: (a)\nsearch any place of business, factory, building, premises, or farm where\nlicensed activities have occurred and any vehicle, boat, vessel,\ncontainer, package, barrel, box, tub or can, containing, or believed to\ncontain industrial hemp in the possession or under the control of any\nperson who shall refuse to allow access to such hemp for inspection or\nsampling, (b) permit the inspection and sampling of any industrial hemp\nfound in the execution of the warrant, as the officer applying for the\nsearch warrant shall designate when the same is found, by an inspector\nor a department official authorized by the commissioner or by this\nchapter, and/or (c) permit access to any place where access is refused\nor prevented, and to allow and enable a department inspector or other\ndepartment official to conduct an inspection of the place. The\nprovisions of article six hundred ninety of the criminal procedure law\nshall apply to such warrant as far as applicable thereto. The officer to\nwhom the warrant is delivered shall make a return in writing of his or\nher proceedings thereunto to the court which issued the same.\n 3. The commissioner may quarantine industrial hemp when he or she has\nreason to believe that such commodity does not meet the definition\nthereof, set forth in subdivision one of section five hundred five of\nthis article, or is otherwise in violation of or does not meet a\nstandard set forth in, applicable law or regulation. The quarantine may\nby the issuance of an order directing the owner or custodian of\nindustrial hemp not to distribute, dispose of, or move that commodity\nwithout the written permission of the commissioner. The commissioner may\nalso quarantine a product by placing a tag or other appropriate marking\nthereon or adjacent thereto that provides and requires that such product\nmust not be distributed, disposed of, or moved without his or her\nwritten permission, or may quarantine a product by otherwise informing\nthe owner or custodian thereof that such condition must be complied\nwith.\n 4. The commissioner may seize industrial hemp by taking physical\npossession of industrial hemp when he or she has substantial evidence to\nbelieve that such commodity does not meet the definition thereof, set\nforth in subdivision one of section five hundred five of this article,\nor is otherwise in violation of, or does not meet a standard set forth\nin, applicable law or regulation.\n 5. Subsequent to quarantining or seizing industrial hemp, as\nauthorized in subdivisions three and four of this section, the\ncommissioner shall promptly give the owner or custodian thereof an\nopportunity to be heard to show cause why such industrial hemp should\nnot be ordered destroyed. The commissioner shall, thereafter, consider\nall the relevant evidence and information presented and shall make a\ndetermination whether such industrial hemp should be ordered to be\ndestroyed; that determination may be reviewed as provided for in article\nseventy-eight of the civil practice law and rules.\n * NB Effective March 8, 2020\n