N.Y. Comp. Codes R. & Regs. tit. 9 § 114.2

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

Section 114.2 - Application for cannabinoid hemp processor license

(a) No person or entity shall extract hemp extract or manufacture cannabinoid hemp product, or hold itself out as a cannabinoid hemp processor, unless it is in compliance with Article 5 of the Cannabis Law and this Part and is licensed by the office as a cannabinoid hemp processor.

(b) An application for licensure shall be submitted to the office on a form prescribed by the office which shall include the following:

(1) the name, address, telephone number and email address of the applicant;

(2) identification of all real property, buildings and facilities that will be used in the extracting of hemp extract or manufacturing of cannabinoid hemp;

(3) the days and hours of operation;

(4) the Federal employer identification number of the applicant;

(5) for applicants extracting hemp extract, identification of all extraction methods that will be used to carry out the extracting;

(6) proof of New York State Workers' Compensation and Disability Insurance coverage, or a Certificate of Attestation of Exemption from coverage;

(7) a summary and description of the applicant's:

(i) source(s) of hemp and hemp extract to be used by the licensee; and

(ii) cannabinoid hemp products to be manufactured;

(8) a statement that the applicant's standard operating procedures will incorporate any language or requirements provided by the office and adequately address quality assurance, security, and a plan to ensure all hemp and hemp extract obtained by the applicant meets the requirements of this Part.

(9) evidence that Good Manufacturing Practices (GMP) will be used in the extraction of hemp extract and manufacturing of cannabinoid hemp products. Such evidence shall include one of the following:

(i) proof of a qualified third-party GMP audit of the applicant's extraction and manufacturing processes; or

(ii) a detailed plan for obtaining a qualified third-party GMP audit within six months of approval of the application and before beginning operations as a cannabinoid hemp processor in New York State;

(10) a copy and description of any other license(s) issued by state or federal authorities related to the operations of the licensee or the facility where licensed activity will occur;

(11) a description of any other businesses or business activities conducted on the premises to be licensed;

(12) copies of the organizational documents of the applicant;

(13) a statement attesting that the applicant and those in control of the entity, meaning a person that has the ability to direct the activity of the applicant or licensee, including principals, officers or others with such control, are of good moral character;

(14) a statement attesting that the applicant will comply with all applicable state and local laws and regulations relating to the activities in which it intends to engage under the license;

(15) a statement attesting that the applicant has the experience and competency to undertake the activities for which licensure is sought; and

(16) any other information as may be required by the office.

(c) The information required by subparagraph (b)(9) of this section shall not be required for cannabinoid hemp farm processor applicants.

(d) Applications under this section shall be accompanied by a non-refundable application fee of $1,000 for extraction and manufacturing, $500 for manufacturing only and $100 for cannabinoid hemp farm processors.

(e) Applicants shall verify the truth and accuracy of the information contained in the application. The office, in its discretion, may reject or deny an application if it determines that information contained therein is false, inaccurate or omits a material fact.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 114.2

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

Amended New York State Register October 5, 2022/Volume XLIV, Issue 40, eff. 10/5/2022

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