N.Y. Comp. Codes R. & Regs. tit. 9 § 128.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 128.7 - Retail Packaging and Labeling Violations and Penalties

(a) The Board may suspend, cancel, or revoke a license and impose any other penalties as authorized by Subchapter J of this Title and the Cannabis Law for the following violations:

(1) failing to comply with this Part; and

(2) transferring, selling, or offering to sell a cannabis product to another licensee that is not packaged or labeled in accordance with this Part.

(b) If a licensee authorized to sell cannabis products to consumers receives a cannabis product that is not packaged or labeled in accordance with this Part and the licensee receives appropriate notification of the noncompliance from the Office, a consumer, or the licensee which processed or distributed the cannabis product, then the licensee shall immediately notify the Office and return the cannabis product to the licensee who transferred the product to the licensee. In the event the cannabis product is packaged according to this Part but is not labeled according to Part 128, the processor may correct the labeling by adding only the information required to make the labeling compliant.

(c) If a licensee returns a cannabis product to the licensee who transferred the product, the licensee initiating the return shall document the return and the reason for the return in the inventory tracking system.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 128.7

Adopted New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023