N.Y. Comp. Codes R. & Regs. tit. 9 § 123.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 123.2 - Nursery Operations

(a) A nursery shall:

(1) maintain an active Nursery Grower Certificate of Registration from the New York State Department of Agriculture and Markets Division of Plant Industry;

(2) only distribute clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture or cannabis seeds to a licensee authorized to sell cannabis products to consumers if any such plants are under two (2) feet in height;

(3) use any mature cannabis plants only for seed production and, unless the nursery licensee is a licensed cultivator or processor such plants, shall, after using such plants in the production of the aforementioned goods, either:

(i) sell or transfer such plants to another licensee authorized to use such plants after the seeds have been removed; or

(ii) manage and dispose of such plants thereafter pursuant to section 125.11 of this Title;

(4) document all information related to production and genetic sourcing of clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture or cannabis seeds, which shall be made available for review by the Office upon request;

(5) tag each established lot of immature cannabis plants in a manner as described in subdivision (a) of section 123.4 of this Part;

(6) package each clone, seedling, immature cannabis plant, cloned propagation material, tissue culture or cannabis seed distributed to a licensee for sale to consumers in a sealed container in accordance with requirements of Part 128 of this Title which pertain to that product;

(7) sell clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds with a written guarantee that to the licensee's knowledge, the plants sold do not harbor known cannabis diseases such as Hop Latent Viroid (HpLvd), Cannabis Cryptic Virus, or other common cannabis diseases and pests; and

(8) be authorized to sell agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cultivators, microbusinesses, cooperatives or collectives, ROND or ROD.

(b) A nursery is prohibited from:

(1) distributing for retail sale any mature cannabis plants or immature cannabis plants that are two (2) feet or taller to a licensee authorized to sell cannabis products to consumers;

(2) producing clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture or cannabis seeds in a nursery area that is larger than authorized pursuant to section 120.3 of this Title;

(3) selling or transferring any cannabis to any person that is not a licensee;

(4) selling or distributing any clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, cannabis seeds or other agricultural products with known pest issues.

(c) A nursery shall meet all requirements of this Title related to regenerative agriculture, agricultural inputs and on-premises identification that apply to cultivators, including, but not limited to, subdivisions (d), (e), and (f) of section 123.4 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 123.2

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023