N.Y. Comp. Codes R. & Regs. tit. 1 § 159.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 159.12 - Disposal or remediation of non-compliant hemp

Commercial lots shall be subject to disposal or remediation when a sample tests over the acceptable hemp THC level based on regulatory sampling.

(a) Disposal.

(i) A grower shall dispose of and document the disposal of non-compliant hemp within 5 days of the delivery of notice of regulatory testing results finding that a grower's hemp is non-compliant.

(ii) All non-compliant hemp shall be disposed of by one of the following methods:

(1) Disposal off site by using a DEA-registered reverse distributor or law enforcement; or

(2) Disposal on site at the farm or hemp production facility using the following methods: plowing under non-complaint plants, composting into "green manure" for use on the same land, tilling, discing, burial or burning or other disposal methods, approved by the Department, and which make the product unusable, non-consumable, non-retrievable and unmarketable.

(iii) On site disposal requires that the crop destruction be verified through the use of one of the following methods, which shall be approved by the Department in writing, prior to such disposal: inperson verification by a Department inspector, the taking of pictures, videos, or other proof of disposal, with the prior written approval of the Department.

(iv) If the grower requests re-testing at its own expense, the grower shall dispose of and document the disposal of the non-compliant hemp within 5 days of the delivery of the notice of a final determination that the hemp is non-compliant.

(b) Remediation.

(i) A commercial grower with non-compliant hemp may remediate the non-compliant crop by either:

(1) disposing of flower materials and salvaging the remainder of the plant; or

(2) blending the entire plant into plant material biomass by chopping or shredding all flowers, buds, trichomes, leaves, stalks, seed, and all plant parts from the non-compliant sampled lot in such a way to create a homogeneous and uniform blend of all plant material of that lot.

(ii) All remediated plant material shall be sampled by the Department or a Department approved sampling agent and tested for the material's THC levels at the grower's expense.

(iii) Remediated biomass shall be separated from any compliant hemp stored in the area and clearly labeled and demarcated as "hemp for remediation purposes." All lots subject to remediation shall be stored, labeled, and demarcated apart from each other and from other compliant hemp lots stored or held nearby. Remediated biomass shall not leave the labeled and demarcated area until a test result showing compliance with the acceptable hemp THC level is received or until the biomass is destroyed.

(iv) Only successfully remediated plant material may enter the stream of commerce and any non-compliant hemp shall be destroyed as set forth above.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 159.12

Adopted New York State Register April 6, 2022/Volume XLIV, Issue 14, eff. 4/6/2022