N.Y. Comp. Codes R. & Regs. tit. 9 § 114.14

Current through Register Vol. 46, No. 36, September 4, 2024

Section 114.14 - General prohibitions

(a) No licensee shall engage in any activity relating to the processing, packaging, labeling manufacturing, extracting, distributing, selling or laboratory testing of cannabinoid hemp extract or cannabinoid hemp that does not comply with the requirements of Article 5 of the Cannabis Law and this Part.

(b) No person shall extract hemp extract or manufacture cannabinoid hemp products in New York State unless licensed to engage in such activity by the office or otherwise authorized by the United States Food and Drug Administration.

(c) Hemp extract shall be manufactured into cannabinoid hemp product before being offered for retail sale and shall not be distributed or sold directly to consumers within the state.

(d) No cannabinoid hemp product shall be distributed or offered for retail sale in New York State unless:

(1) it complies with the processing, packaging, labeling and testing requirements pursuant to sections 114.8, 114.9 and 114.10 of this Part; and

(2) is sold by a cannabinoid hemp retailer licensed under this Part;

(e) No person shall transport hemp extract within the state, unless:

(1) it is in a fully enclosed vehicle or container; and

(2) accompanied by a manifest or proof of ownership, documenting the name, physical address, lot or batch number, certificate of analysis and license number of the originating licensed cultivator or processor, and the name and physical address of the recipient of the delivery when transporting between non-adjoining facilities. When hemp extract is being transported to a laboratory for testing, a certificate of analysis is not required to accompany the shipment.

(f) Hemp extract shall not be shipped or transported into New York State unless:

(1) it is in a fully enclosed vehicle or container;

(2) accompanied by proof of origin with a hemp cultivation or processor license number, or equivalent, from the jurisdiction of origin; and

(3) accompanied by a certificate of analysis showing that the hemp extract has a total [DELTA] 9-Tetrahydrocannabinol of no more than three tenths of a percent (0.3%).

(g) No person shall distribute cannabinoid hemp products manufactured out of state, to a cannabinoid hemp retailer within New York State, unless permitted pursuant to section 114.18 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 114.14

Adopted New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register December 13, 2023/Volume XLV, Issue 50, eff. 12/13/2023