N.Y. Comp. Codes R. & Regs. tit. 9 § 125.2

Current through Register Vol. 46, No. 35, August 28, 2024

Section 125.2 - Site, Operating, and Environmental Plans

(a) Site plan. A licensee shall document, implement, and maintain a site plan, which shall be made available to the Office upon request, consisting of the following information:

(1) activities performed in each area of the licensed premises;

(2) details of all parcel boundaries, including, but not limited to, physical boundaries, roads, and water crossings of the property;

(3) sanitary facilities, as applicable;

(4) perimeter dimensions of property and any facilites on-premises where licensed activities are taking place or cannabis or cannabis products are being stored;

(5) entrances and exits to both the property and premises;

(6) a nursery, cultivator, cooperative, microbusiness, ROD, or ROND licensee shall also include in the site plan the following additional information, as applicable:

(i) canopy area, including aggregate canopy square footage if the areas are noncontiguous. All unique areas separated by identifiable boundaries shall be clearly described and labeled in the premises diagram. Plant bed diagrams noting canopy square footage shall be kept up to date with the Office;

(ii) propagation area;

(iii) nursery area;

(iv) pesticide and agricultural chemical storage area;

(v) drying area;

(vi) harvest storage area;

(vii) a description of any lighting used in canopy, propagation, and nursery areas which includes the wattage, photosynthetic photon efficacy, and placement;

(viii) other activities or other licensed areas. Such nursery, cultivator, cooperative, microbusiness, ROD, or ROND licensee shall keep all areas used for adult-use cannabis operations, including any growing, harvesting, drying, or storage areas, separate and distinct from any area designated for hemp cultivation authorized under the Department of Agriculture and Markets; and

(7) a nursery, cultivator, cooperative, processor, microbusiness, ROD, or ROND licensee shall also include in the site plan designated areas for:

(i) packaging;

(ii) composting, if on-site; and

(iii) storing secure cannabis waste;

(8) a consumption facility or exception area shall also include in the site plan the following additional information:

(i) areas of the licensed premises where cannabis products are being consumed with a clear delineation of:

(a) all areas of the consumption facility or exception area which do not permit smoking or vaping;

(b) all areas of the consumption facility or exception area which are indoors; and

(c) if the consumption facility is a limited retail consumption facility located on a parcel separate from the associated dispensary, the contiguous parcel boundaries;

(ii) details of all boundaries between the consumption facility or exception area and other areas of the licensed premises;

(iii) photographs, or other descriptions as approved by the Office, of all openings or means of entrance or passageway for persons or things between the consumption facility or exception area and all other areas of the licensed premises or any other premises which abuts the consumptionfacility or exception area; and

(9) any outdoor signs authorized pursuant to section 129.4 of this Title; and

(10) any other designated areas as determined by the Office.

(b) Operating plan. A licensee shall document, implement, and maintain an operating plan that shall, at a minimum, consist of the applicable written operating procedures, an employee handbook, and the following information in this section. A licensee shall make the operating plan available to the Office immediately upon request.

(1) Written operating procedures. The operating plan shall consist of written operating procedures which shall include, but not be limited to, procedures to:

(i) deter theft and prevent loss of cannabis and cannabis products;

(ii) ensure access to restricted areas of the licensed premises is restricted to only the individuals authorized to access these areas;

(iii) prevent loitering and ensure that only individuals engaging in activity expressly, or by necessary implication, permitted by the Cannabis Law and this Title are allowed to remain on the premises of the licensee;

(iv) handle, store, and transport cash;

(v) monitor and track quality assurance concerns and complaints and to recall cannabis products pursuant to section 125.9 of this Part;

(vi) identify workforce training needs on an annual basis and requiring ongoing training of each full-time employee for a minimum of four (4) hours per year, or the equivalent for employees that are less than full-time of the following training:

(a) occupational health and safety training for all employees in addition to other rquired training, from a traning vendor approved by the Office which shall be in the worker's dominant language, where possible;

(b) hazard communication training which must include:

(1) an explanation of the labels received on shipped containers and the workplace labeling system used by their employer;

(2) the safety data sheet, including, the order of information and how employees can obtain and use the appropriate hazard information;

(c) proper use of chemicals or material that require the use of a respirator, consistent with Title 29 Code of Federal Regulations section 1910.134; for employees working with chemicals or materials;

(d) for nursery, cultivator, processor licensees:

(1) materals handling;

(2) hazard communications;

(3) proper use of personal protective equipment;

(4) procedures for reporting and addressing health and safety concerns at minimum;

(e) for delivery, retail dispensaries, and on-site consumption licensees:

(1) preventing workplace violence;

(2) procedures for reporting and addressing workplace violence incidents or concerns;

(vii) maintain an alcohol-free, drug-free, and smoke-free workplace, except for smoking or vaping which occurs within a limited retail consumption facility;

(viii) manage and dispose of chemicals that are considered hazardous waste;

(ix) manage, recycle, and dispose of all waste, including cannabis waste, in a manner that demonstrates best practices by minimizing waste generation and maximizing the reuse and recycling of waste pursuant to section 125.11 of this Part; and

(x) any other procedures as determined by the Office.

(2) A nursery, cultivator, cooperative, microbusiness, ROD, or ROND licensee authorized to cultivate shall include additional written operating procedures to:

(i) prepare soil or growing media using compost or other recycled organics as a component when appropriate;

(ii) prevent and control pests using integrated pest management (IPM) principles that are adequate for the facility type and size;

(iii) store pesticides in an area consistent with label requirements and to control access to pesticides;

(iv) apply agricultural inputs in a manner that uses only the minimum amount necessary, preventing undesirable drift (including drift due to wind) of inputs to nearby water or other plants, and only applying pesticides when pollinators are not present;

(v) use compost or other recycled organics as a component of growing media when appropriate;

(vi) prevent and manage potentailly hazardous spills, including spills of agricultural inputs; and

(vii) any other procedures as determined by the Office.

(3) A processor, microbusiness, ROD, or ROND licensee authorized to process shall include additional written operating procedures to:

(i) find and obtain specific cannabis product quality plans, master manufacturing records, and batch product records, if these plans and records are not contained within the operating plan;

(ii) properly operate equipment used in processing activities and handle and dispose of chemical solvents or other materials used in extraction, if applicable;

(iii) use chemicals and solvents in a manner consistent with safety data sheets; and

(iv) prevent and manage potentially hazardous spills.

(4) A retail dispensary, microbusiness, ROD, or on-site consumption licensee authorized to conduct retail sales of cannabis products shall include additional written operating procedures to:

(i) complete the responsibilities described in paragraph (2) of subdivison (c) of section 123.10 of this Title;

(ii) sell cannabis products to consumers in a manner that demonstrates compliance with paragrpah (1) of subivision (f) of section 123.10 of this Title;

(iii) prevent sales to consumers where there is a risk to their health or safety, underage or illegal sales of cannabis products, or any other criminal activity within the licensed premises;

(iv) maintain access to the dispensary by individuals with physical disabilities, which may include, but are not be limited to, procedures to use specific tools to ease communication between employees in point of sale areas and retail customers that are deaf or blind, procedures to make an American Sign Language interpreter available to retail customers during specific hours, procedures to ensure individuals with mobility impairments can more easily access the dispensary, or any applicable laws regarding accessibility for those with physical disabilities;

(v) remain compliant with applicable local law, such as those pertaining to odor, noise, use of the sidewalk or other public thoroughfares which abut the premises, Fire Codes, and maximum capacity;

(5) A retail dispensary, microbusiness, ROD, or delivery licensee authorized to deliver cannabis products to consumers, shall include additional written operating procedures to deliver cannabis products to consumers in a manner that demonstrates complaince with section 123.20 of this Title; and

(6) A retail dispensary or microbusiness authorized to operate a consumption facility or an on-site consumption licensee authorized to operate an exception area shall include written operating procedures to:

(i) mitigate the risk of impaired driving, which may include, but are not limited to:

(a) a twenty-four (24) hour no-tow policy; or

(b) partnerships with public transportation agencies or ride share providers to offer free or discounted rides to consumers to and from the licensed premises;

(ii) prevent overconsumption of cannabis products, which may include, but are not limited to, time limits, serving size limits, or other policies;

(iii) control access to the areas of the licensed premises which comprise a consumption facility, which shall use an employee or agent of the licensee to restrict entry to the facility or another method approved by the Board of controlling access to the facility;

(iv) maintain all technology used in meeting indoor air quality standards, including changing air filters in a manner consistant with manufacturer specifications;

(v) ventilate indoor areas, during times of smoking and vaping, which shall include:

(a) A description of all ventilation system(s) and air quality monitor(s) used;

(b) the number of air changes per hour caused by such system(s); and

(c) the filter and filtration system used by such system(s);

(vi) procedures to sanitize any cannabis paraphernalia available for consumer use in the consumption facility or exception area; and

(vii) procedures to remain compliant with applicable local law, such as those pertaining to odor, noise, use of the sidewalk or other public thoroughfares which abut the premises, Fire Codes, and maximum capacity; and

(7) Employee Handbook. The operating plan shall consist of an employee handbook which shall be available to the licensee's employees at all times. The Employee Handbook shall include, but not be limited to, information:

(i) that is tailored for the licensee's employees and clearly delineates the employee roles and responsibilities in implementing the written operating procedures contained within the operating plan;

(ii) related to the safer consumption of cannabis products including, at a minimum, the physical effects of cannabis on the human body based on the phytocannabinoids present; recognizing signs of impairment; the onset of intoxicating effects depending on product form or type; strategies for consumers to more safely store and dispose of cannabis products; the appropriate responses in the event of overconsumption; and risks of cannabis use and over-use, including cannabis use disorder;

(iii) related to employee safety, including shutdown and emergency procedures which, for processor, microbusiness, cooperative, ROD, or ROND licensees authorized to extract using solvents, shall include specific information related to safe extraction, fire prevention, and response in the event of a fire;

(iv) to assist employees in compliance with inventory tracking requirements and operation of the licensee's inventory tracking systems;

(v) to ensure employees allow investigations or inspections, as described in section 125.12 of this Part and Part 133 of this Title, to occur; and

(vi) on how to access current laws, rules, and regulations, and any guidance or policy documents issued by the Office; and

(8) Additional information. The operating plan shall also include:

(i) A list that include the first and last name and employee ID number, or other similar unique identifier, of all employees authorized to access any surveillance room(s);

(ii) an equipment list, which shall include, at a minimum, a list of all equipment used in a nursery area or in the cultivation or processing of cannabis, equipment used in the sanitization of cannabis paraphernalia used by consumers in a consumption facility or exception area, and equipment, including filters, used to maintain the air quality of any consumption facilities or exception areas;

(iii) description of manufacturer's requirements for maintenance and records of maintance for all equipment on the equipment list that is used to meet energy and environmental standards;

(iv) a list of all sanitizing agents used to maintain equipment used in the cultivation, processing, distribution, transportation, storage, and sale of cannabis or cannabis products;

(v) safety data sheets for all pesticides used and for all hazardous chemicals and solvents used in processing

(vi) records of all mock recalls the licensee has conducted; and

(vii) any other information required by the Office.

(c) Energy and Environmental Plan. Licensees shall document, implement, and maintain an energy and environmental plan, which shall be updated and submitted to the Office in the following manner.

(1) Prior to an application for licensure being deemed complete for filing with the Office pursuant to section 120.5 of this Title, applicants shall provide the following information as their Energy and Environmental Plan:

(i) A confirmed receipt of a submitted utility service request application;

(ii) A description of all water sources that shall be used in the cultivation or processing of cannabis or cannabis products;

(iii) A statement that the licensee's operations will not be inconsistent with, and will not interfere with the attainment of, the statewide greenhouse gas emissions limits established in article 75 of the Environmental Conservation Law;

(iv) If the applicant is seeking a processor, microbusiness, cooperative, ROD, or ROND license that authorizes the packaging and labeling of cannabis products, an Environmental Sustainability Product Packaging Plan which describes a retail packaging sustainability program pursuant to Part 128 of this Title; and

(v) Evidence that the proposed premises meets, or will meet prior to beginning operations, all applicable standards for odor control and indoor air quality which apply to any consumption facilities or exception areas.

(2) Prior to beginning operations, a licensee shall update its Energy and Environmental Plan by:

(i) submitting evidence that the licensee's operations will meet or exceed energy and environmental standards as set forth in this Part that apply to the licensee upon beginning operations; and

(ii) submitting a description of the specific equipment or technologies the licensee shall use to meet or exceed applicable energy and environmental standards as set forth in this Part and a statement that the licensee shall meet each energy and environmental standard it does not yet meet prior to the effective date for that specific standard pursuant to section 125.1 of this Part; and

(3) Prior to an application for license renewal being deemed complete for filing with the Office pursuant to section 120.5 of this Title, applicants for renewal may be required to provide an updated Energy and Environmental Plan. Nursery, cultivator, cooperative, microbusiness, ROD, or ROND licensees authorized for cultivation may be required to submit data collected pursuant to section 123.4 of this Title, including, but not limited to, energy tracking and regenerative agriculture practices.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 125.2

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