N.Y. Comp. Codes R. & Regs. tit. 9 § 133.3

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

Section 133.3 - [Effective until 4/2/2024] Compliance Inspections and Enforcement Investigations

(a) The office may conduct inspections or investigations of the licensee and any premises licensed by the board, and on any affiliated vehicles owned, leased or utilized by the licensee and all records, including, but limited to, financial statements and corporate documents, samples, photographs, videos, recordings, papers, books, documents, records, payrolls, accounts, correspondence, electronic communications and information, devices, supplies, and any other information to examine, without prior notice. Such inspection or investigation may include interviews of individuals, including, but not limited to, employees, contractors, managers, supervisors or any other persons whom the office has determined are involved in the financing, management, or operation of a licensee or subpoenas to compel the production of papers, books, documents, records, payrolls, accounts, correspondence, electronic communications, devices, supplies, and other tangible things. Submission of an application for a license, issuance of a license, or permit to a licensee, constitutes consent for an inspection. Such premises shall be subject to inspection by the office, by the duly authorized representatives of the office, by any peace officer acting pursuant to their special duties, or by a police officer. After a license is issued, it is the continuing obligation of the licensee to grant access to these records, locations and individuals.

(b) A licensee shall make themselves or an agent thereof available and present for any inspection or investigation required by the office. An inspection or investigation may include but is not limited to inspecting and ensuring that a licensee complies with all requirements of the Cannabis Law and all related regulations.

(c) During an inspection, investigation, or at any time, the office may direct a licensee to send any cannabis, cannabis samples or cannabis products to the state reference laboratory, or, to a permitted cannabis laboratory pursuant to Part 130 of this Title, for testing of contaminants, cannabinoid profile or other testing including, but not limited to, filth, foreign material, heavy metals, and the presence of pesticides not approved for use on cannabis by the office.

(d) An inspection or investigation may be made prior to the issuance of a license or the renewal of a license. Additional inspections may be made at any point the office deems it necessary for the enforcement of applicable laws, rules or regulations.

(e) The failure of a licensee to make themselves available for an inspection or investigation, make available any documents and information requested by the office, allow access to a licensed premises and cooperate with an inspection or investigation of the licensed premises by a duly authorized representative of the office, by any peace officer acting pursuant to their special duties, or by a police officer, acting pursuant to their powers and duties, shall result in immediate summary suspension of the license.

(f) During an inspection or investigation, any items containing cannabis or cannabis products which are in violation of the Cannabis Law or its applicable regulations may be seized and a stop order issued provided that:

(1) a licensee shall be notified of the seizure;

(2) a signed receipt shall be issued which states the items seized, their approximate weight, quantity and physical description;

(3) the office shall maintain documentation of the chain of custody of seized items; and

(4) upon determination that the detention of the items seized are no longer necessary to ensure compliance with applicable regulations, the licensee shall be notified of that determination and the items may be returned to the licensee. The licensee shall acknowledge, in writing, receipt of the seized items at the time of such return.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.3

Adopted New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/6/2023 (Emergency)

Amended New York State Register August 16, 2023/Volume XLV, Issue 33, eff. 8/4/2023, exp. 12/4/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/4/2023, exp. 4/2/2024 (Emergency)