N.Y. Public Health Law § 3398-b: Cannabinoid hemp processor license

* § 3398-b. Cannabinoid hemp processor license. 1. Persons processing

cannabinoid hemp or hemp extract used for human consumption, whether in

intermediate or final form, shall be required to obtain a cannabinoid

hemp processor license from the department.

2. A cannabinoid hemp processor license authorizes one or more

specific activities related to the processing of cannabinoid hemp into

products used for human consumption, whether in intermediate or final

form, and the distribution or sale thereof by the licensee. Nothing

herein shall prevent a cannabinoid hemp processor from processing,

extracting and processing hemp products not to be used for human

consumption.

3. Persons authorized to grow hemp pursuant to article twenty-nine of

the agriculture and markets law are not authorized to engage in

processing of cannabinoid hemp or hemp extract without first being

licensed as a cannabinoid hemp processor under this article.

4. This article shall not apply to hemp, cannabinoid hemp, hemp

extracts or products derived therefrom that are not used for human

consumption. This article also shall not apply to hemp, cannabinoid

hemp, hemp extracts or products derived therefrom that have been deemed

generally recognized as safe pursuant to federal law.

5. The commissioner shall have the authority to set reasonable fees

for such license, to limit the activities permitted by such license, to

establish the period during which such license is authorized, which

shall be two years or more, and to make rules and regulations necessary

to implement this section.

6. Any person holding an active research partnership agreement with

the department of agriculture and markets, authorizing that person to

process cannabinoid hemp, shall be awarded licensure under this section,

provided that the research partner is actively performing research

pursuant to such agreement and is able to demonstrate compliance with

this article, as determined by the department, after notice and an

opportunity to be heard.

* NB Repealed 6 months after the full cannabis control board created

by Article 2 of the cannabis law has been appointed