N.Y. Comp. Codes R. & Regs. tit. 9 § 125.11

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

Section 125.11 - Management of Cannabis and Other Waste

(a) A licensee shall dispose of any cannabis or cannabis product that is past its date of expiration, damaged, deteriorated, contaminated, or otherwise deemed not appropriate for the licensed activities. This includes any plant-based cannabis waste created as a by-product of cultivation or processing, such as plant waste contaminated with solvents, including, but not limited to, butane, ethanol, propane, or any other solvent as determined by the Office.

(b) All disposal of cannabis shall be conducted in compliance with all applicable state and local laws, rules, and regulations.

(c) Cannabis waste, excluding stalks, stems, fan leaves, root balls, and soil media of the cannabis plant and cannabis products which contain batteries, glass, or other hazardous materials that cannot be ground or mixed, shall be rendered unusable, by grinding and mixing the cannabis plant waste with other ground materials, so the resulting mixture is at least 50% non-cannabis waste by weight. Any other method used to render cannabis unusable shall require prior written approval of the Office.

(1) Licensees that are within 25 miles of an organic recycling facility and are a Tier 4 cultivator or Tier 5 cultivator shall not have their non-contaminated waste landfilled or combusted but shall be:

(i) composted on or off premises;

(ii) used to produce energy through the process of anaerobic digestion; or

(iii) used as an input for a licensee or a licensed third party in the manufacture of other products, including, but not limited to, paper, packaging, pet bedding, or through process of fermentation; and

(2) Cannabis waste that will be processed in a composting facility or other organics recycler (anaerobic digester, etc.) can only be mixed with other organic waste that the receiving organics recycler can process effectively. The types of waste include, but are not limited to, food scraps, yard trimmings, manure, cannabis growing materials that do not need to be rendered unusable (stems, fan leaves, etc.). An off-site organics recycling facility is a recycling facility which is approved by the New York State Department of Environmental Conservation to accept the quantity of material proposed. On-site organics recycling shall follow operational procedures acceptable to the Office.

(3) Cannabis waste that will be disposed in a solid waste management facility such as a combustion facility or a landfill may be mixed with any nonhazardous solid waste, including, but not limited to, paper waste, cardboard waste, plastic waste, soil, or sawdust, prior to disposal.

(d) Cannabis waste that has been rendered unusable pursuant to this Part may be disposed of using one of the following methods:

(1) deliver cannabis waste to a New York State Department of Environmental Conservation. permitted solid waste management facility for final disposition. Examples of acceptable permitted solid waste facilities include:

(i) compost, anaerobic digester, or other facility acting in accordance with the requirements of the New York State Department of Environmental Conservation for compostable mixed waste; or

(ii) landfill, incinerator, or other facility acting in accordance with the requirements of the New York State Department of Environmental Conservation for non-compostable mixed waste; and

(2) manage disposal on-site by the licensee in accordance with the requirements of the New York State Department of Environmental Conservation; or

(3) use on-premises organic waste recycling methods through reintroduction of cannabis waste back into agricultural operation through methods, including, but not limited to, tilling directly into agricultural land and no-till farming.

(e) A licensee who is using another entity to transport cannabis waste, shall maintain and make available to the Office upon request, the business name, address, contact person, and contact phone number of the permitted or registered New York State Department of Environmental Conservation waste transporter transporting the cannabis waste; and obtain documentation from the waste transporter transporting the cannabis waste that evidences subscription to a waste collection service.

(f) A licensee who is self-transporting cannabis waste shall be subject to the following additional requirements:

(1) the licensee or its employees shall be registered or permitted as a waste transporter pursuant to 6 NYCRR Parts 364 and 368;

(2) self-transported cannabis waste shall only be transported by the licensee or its employees;

(3) self-transported cannabis waste shall only be transported to a solid waste management facility that is permitted by the New York State Department of Environmental Conservation to accept cannabis waste; and

(4) the licensee or its employee who transports the cannabis waste shall obtain for each delivery of cannabis waste a copy of a record, indicating the amount of cannabis waste transported to the permitted solid waste management facility or receipt from the permitted solid waste management facility.

(g) Liquid waste. Any chemical waste and wastewater generated during cannabis production and processing, including pesticides or hazardous waste, shall be disposed of in accordance with all applicable state and local laws, rules, and regulations.

(h) Cannabis waste that is to be rendered unusable shall be maintained in a secured waste receptacle or secured area on the licensed premises until the time of disposal.

(i) All exterior cannabis waste receptacles located on the licensed premises shall be locked and secured to prevent unauthorized access.

(j) All cannabis waste disposed of shall be weighed, recorded, and entered into the inventory tracking system prior to mixing and disposal. Licensees shall maintain records of disposal for at least five (5) years, and made available to the Office for inspection, which shall include:

(1) the form (or type) of cannabis or cannabis product being disposed;

(2) the weight of the disposed cannabis material, the number of plants, or in the case of a cannabis product, the quantity of the cannabis product;

(3) the lot number of the cannabis or cannabis product;

(4) the first name and last initial and the signatures or electronic signatures of at least two (2) of the licensee's employees who witnessed the disposal; and

(5) any other information as determined by the Office.

(k) Use of cannabis waste that is not required to be rendered unusable as an input by the licensee or a third party in the manufacture of other products, such as paper, packaging, or pet bedding, or through the process of fermentation is permissible.

(l) Cannabis waste that shall be rendered unusable shall not be sold.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 125.11

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