N.Y. Comp. Codes R. & Regs. tit. 9 § 123.4

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

Section 123.4 - Cultivator Operations

(a) Immature cannabis plants.

(1) A cultivator shall assign a lot plant tag to each established lot of immature cannabis plants. The lot plant tag shall have at a minimum the cultivar name and lot name or bar code. A lot of immature cannabis plants under a single lot plant tag shall be uniform in cultivar and contain no more than 100 individual immature cannabis plants at any one time.

(2) A lot plant tag shall be visible and within clear view of an individual standing next to the immature cannabis plant lot and be kept free from dirt and debris.

(3) Each immature cannabis plant in the lot shall be labeled with a lot unique identifier and placed contiguous next to one another to facilitate identification of the lot unique identifier by the Office, or instead of labeling each immature cannabis plant in the lot, the lot shall be fully separated from other lots of immature or mature cannabis plants. In such cases, an individual immature cannabis plant does not need to be labeled with the corresponding lot unique identifier but this information must be tracked and maintained in the licensee inventory managament system.

(4) Within three (3) calendar days of receiving or acquiring an immature cannabis plant, a cultivator shall assign a lot plant tag belonging to the cultivator in accordance with paragraph (3) of this subdivision.

(5) A lot plant tag shall be applied to each individual cannabis plant as specified in this subdivision at the time the plant is moved to the designated canopy area or begins flowering.

(b) Mature cannabis plants.

(1) A mature cannabis plant shall be tagged with a plant tag. A plant tag shall be attached to the main stem at the base of each plant, placed in a position so it is visible and within clear view of an individual standing next to the mature cannabis plant, and kept free from dirt and debris.

(2) A cultivator is prohibited from removing the plant tag from the mature cannabis plant to which it was attached and assigned until the plant is harvested or disposed of.

(c) Harvested cannabis plants.

(1) A cultivator shall maintain records of proposed staggered harvests and harvest periods;

(2) Harvested plants that are hanging, drying, or curing shall be assigned a unique harvest batch name, which shall be recorded in the licensee's inventory tracking system and placed within clear view of an individual standing next to the harvested batch. The assigned harvest batch name shall match the name that is in the licensee's inventory tracking system and the harvest batch name attached to the physical batch.

(3) Each harvest batch shall be assigned a tag or label and recorded in the licensee's inventory tracking system that can be traced back to the immature plant lot.

(4) For harvested plants held in containers, the harvest batch name shall be affixed to the container holding the harvested batch.

(5) If harvested plants are held in multiple containers, the harvest batch name and lot unique identifier shall be affixed to each of the containers. Additionally, each unit within a container shall be labeled with the harvest batch name and applicable lot unique identifier. All containers with the same lot unique identifier shall be placed contiguous to one another to facilitate identification by the Office.

(d) Regenerative agricultural practices. A cultivator shall take steps to further the promotion of biodiversity, and shall make evidence of these practices available to the Office upon request, by implementing methods such as the following, as appropriate to the cultivation methodologies and context:

(1) intercropping;

(2) crop rotation;

(3) planting, or promotion of native plants;

(4) providing habitat for native animals;

(5) planting or promoting specific species that promote native pollinator activities;

(6) protecting native waterways through maintaining wild farm edges and removing invasive species;

(7) creating on-farm compost or locally sourcing organic compost to improve soil fertility; or

(8) other methods that promote biological diversity as approved by the Office.

(e) Agricultural inputs.

(1) A culivator shall only allow pesticides to be applied on the licensed premises by a person certified by the New York State Department of Environmental Conservation as a pesticide applicator or technician, or by an individual who is a pesticide apprentice acting in accordance with New York State Department of Environmental Conservation regulation, unless otherwise provided for, which may be issued by the Office.

(2) The Office may determine general use pesticides approved for private application in cannabis cultivation. Only general use pesticides approved by the Office for private application in cannabis cultivation may be applied on the licensed premises of a cannabis cultivator by a person who is not certified by the New York State Department of Environmental Conservation as a pesticide applicator or technician or is not an individual who is a pesticide apprentice acting in accordance with New York State Department of Environmental Conservation regulations.

(3) A cultivator shall record any agricultural inputs used during cultivation, including, but not limited to, beneficial insects, pesticides, fertilizers, soil amendments, and other plant protection products. Such records shall be made in the licensee's inventory tracking system.

(f) On-premises based identification.

(1) A cultivator shall:

(i) have an on-premises based identification system that allows the cannabis and cannabis product to be tracked back to the licensee and specific cultivation site, to the block and bed level or similar identification, and tracked forward throughout the supply-chain to the next distribution point;

(ii) be able to link harvested cannabis by lot number or harvest date to the cultivation records. Such data shall be made available to the Office upon request; and

(iii) have an on-premises based identification system which shall be able to integrate with the inventory tracking system used by the Office.

(g) Energy and Environmental.

(1) A cultivator shall adopt and use additional energy management practices as determined by the Board, the Office, and any applicable agencies or departments. Cultivators shall maintain and provide the following information at the request of the Office, in a format determined by the Office:

(i) energy consumption by source (monthly, including consumption and demand);

(ii) water consumption (gallons per month);

(iii) on-site generation (monthly);

(iv) cannabis yield by dry weight (annual) for the previous 12-month period and for each month of the 12-month period, excluding stalks, stems, and fan leaves;

(v) waste (pounds per month); and

(vi) any other information as determined by the Office to assist with energy and resource usage reporting.

(2) Cultivators shall use a resource manager to track energy consumption metrics, as approved by the Office, and report utility and energy bills, together with cannabis yield data, to the Office upon request.

(3) If applicable, have an indoor or mixed-light cannabis cultivation facility that shall satisfy energy and environment standards established by the Office and meet all applicable environmental laws, regulations, permits and other applicable approvals, including, but not limited to, those related to water quality and quantity, wastewater, solid and hazardous waste management, and air pollution.

(4) Cultivators shall comply with all requirements set forth by the Board and as set forth in Part 125 of this Title, including, but not limited to, energy and environmental requirements for lighting and HVAC, and any other requirements of the Office.

(h) Cannabis drying a cultivator shall:

(1) maintain any drying areas in a manner that ensures the areas are clean, well-ventilated, and free from condensation, sewage, dust, dirt, toxic chemicals or other contaminants when used to dry cannabis; and

(2) ensure all buildings used for drying provide adequate environmental controls to prevent harmful growth of bacteria or mold and are of adequate size to properly dry the volume of cannabis produced;

(i) A cultivator may operate only in the canopy tier in which it is authorized to operate pursuant to its license.

(j) Conditional Cultivator License. A conditional cultivator licensed pursuant to section 68-c of the Cannabis Law is subject to all rules and regulations in this Title applicable to a cultivator.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 123.4

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