N.Y. Agriculture & Markets Law § 509: Hemp grower's authorization, license; fees; requirements

§ 509. Hemp grower's authorization, license; fees; requirements. 1. No

person shall: (a) grow, cultivate, process, produce, sell or distribute

hemp in the state unless authorized by the commissioner as part of an

agricultural research pilot program established under this article; or

(b) grow, cultivate and process hemp in connection with its growing and

cultivation or sell hemp plants or hemp seed unless licensed by the

commissioner. Mere transportation, such as by common carrier or another

entity or individual, does not constitute activity subject to licensing

under this article.

2. A hemp grower license does not authorize the processing or retail

sale of hemp for human consumption, as defined in section thirty-three

hundred ninety-eight of the public health law, unless the licensee also

obtains a cannabinoid hemp processor license, cannabinoid hemp retailer

license, or any other license required pursuant of article

thirty-three-B of the public health law.

3. Applications for licenses, authorizations or a modification

thereof, as set out in regulation, shall be upon a form specified by the

commissioner, accompanied by a reasonable application fee for new

applications or significant modifications to an application, which shall

be established by regulation and which may be made non-refundable by

regulation.

4. The commissioner may also assess a reasonable authorization or

licensing fee established by regulation, scaled to cover the estimated,

or if known, actual costs of inspections, regulatory testing and other

administrative expenses of the authorized or licensed activity, which

fee shall be paid prior to the issuance of the authorization or license.

5. The applicant, if an individual, shall be asked to furnish together

with the application evidence of his or her good moral character and, if

an entity, the applicant shall be asked to furnish together with the

application evidence of the good moral character of the individuals who

have or will have substantial responsibility for the licensed or

authorized activity and those in control of the entity, including

principals, officers, or others exercising such control. The names of

such individuals shall be set forth in the application.

6. The applicant shall furnish evidence of his, her or its experience

and competency, and that the applicant has adequate facilities,

equipment, process controls, testing capability and security, to grow,

cultivate and process hemp in connection with its growing and

cultivation or to sell hemp plants or hemp seed.

7. The department shall provide an application for renewal of any

license issued under this article not less than ninety days prior to the

expiration of the current license. A renewal application shall be

submitted to the commissioner at least thirty days prior to the

expiration of the authorization or license, on a form or forms provided

by the commissioner for such purpose.