N.Y. Comp. Codes R. & Regs. tit. 1 § 159.17

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

Section 159.17 - Registrations for Hemp Seed and Plant Sales

(a) Seed Sales.

(i) No person shall sell hemp seeds in the State unless registered with the Department.

(ii) Registrations are obtained by submitting a fully completed application on a form prepared by the Department, providing, among other things, the following information:

(1) If the applicant is an individual, the applicant's full name, address, telephone number and email address (if available). If the applicant is a business entity, the entity's complete name, its principal business address, the full name and title of key participants, their respective email addresses (if available) and the entity's employer identification number (EIN); and

(2) A legal description of the property at which the seed is stored and handled and the geospatial location for each site; and

(3) A current criminal history report for all key participants and information to evidence that the applicant has or will have adequate facilities, equipment, and security to undertake the storage and sale of hemp seed and to comply with applicable State law.

(iii) Upon the submission of a completed registration application, together with a registration fee of $100.00, the Department shall register the applicant, which authorizes the registrant to engage in the sale of hemp seeds in the State for a period of three years with the term beginning on the date of issue shown on the license.

(iv) Sale of hemp seed is permitted to only those holding State or Federal licenses authorizing the buyer to grow and cultivate hemp.

(v) Registrants shall maintain a log of all hemp seeds sold for a period of three years, which log shall include the name, address and phone number of each person purchasing the seed, their State or Federal hemp registration or license number, the quantity and variety of the seed purchased, and the date of the purchase.

(vi) The Department shall have full access to the licensed premises and the property at which the seed is stored and shall have the authority to inspect and audit sales records on a periodic basis.

(vii) Upon notice and an opportunity to be heard, the selling of hemp seed to persons not authorized to grow hemp or failure to create and maintain required records may result in the revocation of a registration.

(b) Plant Sales.

(i) No person shall sell hemp plants in the State unless such person holds both a hemp grower license under this Part and a nursery grower license pursuant to Agriculture and Markets Law Article 14, Section 163-b.

(ii) Registrations may be obtained by submitting a fully completed application on a form prepared by the Department, providing, among other things, the following information:

(1) If the applicant is an individual, the applicant's full name, address, telephone number and email address (if available). If the applicant is a business entity, the entity's complete name, its principal business address, the full name and title of key participants, their respective email addresses (if available) and the entity's employer identification number (EIN); and

(2) A legal description of the property at which the hemp plants are stored and handled and the geospatial location for each site; and

(3) A current criminal history report for all key participants and information to evidence that the applicant has or will have adequate facilities, equipment, and security to undertake the storage and sale of hemp plants and to comply with applicable State law.

(iii) Upon the submission of a completed application with required application fees, the Department shall register the applicant, which authorizes the registrant to engage in the cultivation and sale of hemp plants in the State.

(iv) The sale of hemp plants is permitted to only those holding State or federal licenses authorizing the buyer to grow and cultivate hemp.

(v) Registrants shall maintain a log of all hemp plants sold for a period of three years, which log shall include the name, address and phone number of each person purchasing the plants, their State or federal registration or license number, the quantity and variety of the seed purchased and the date of the purchase.

(vi) The Department shall have full access to the licensed premises and the locations where the plants are grown or cultivated during regular business hours and shall have the authority to inspect and audit sales records on a periodic basis.

(vii) Upon notice and an opportunity to be heard, the selling of hemp plants to persons not authorized to grow hemp or failure to create and maintain required records may result in the revocation of a registration.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 159.17

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