New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter III - Plant Industry
Subchapter F - Industrial Hemp
Part 159 - License to Grow and Research Hemp
Section 159.12 - Disposal or remediation of non-compliant hemp
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 159.12
Current through Register Vol. 46, No. 12, March 20, 2024
Commercial lots shall be subject to disposal or remediation when a sample tests over the acceptable hemp THC level based on regulatory sampling.
(a) Disposal.
(i) A grower shall dispose of and document
the disposal of non-compliant hemp within 5 days of the delivery of notice of
regulatory testing results finding that a grower's hemp is
non-compliant.
(ii) All
non-compliant hemp shall be disposed of by one of the following methods:
(1) Disposal off site by using a
DEA-registered reverse distributor or law enforcement; or
(2) Disposal on site at the farm or hemp
production facility using the following methods: plowing under non-complaint
plants, composting into "green manure" for use on the same land, tilling,
discing, burial or burning or other disposal methods, approved by the
Department, and which make the product unusable, non-consumable,
non-retrievable and unmarketable.
(iii) On site disposal requires that the crop
destruction be verified through the use of one of the following methods, which
shall be approved by the Department in writing, prior to such disposal:
inperson verification by a Department inspector, the taking of pictures,
videos, or other proof of disposal, with the prior written approval of the
Department.
(iv) If the grower
requests re-testing at its own expense, the grower shall dispose of and
document the disposal of the non-compliant hemp within 5 days of the delivery
of the notice of a final determination that the hemp is
non-compliant.
(b) Remediation.
(i) A commercial grower with
non-compliant hemp may remediate the non-compliant crop by either:
(1) disposing of flower materials and
salvaging the remainder of the plant; or
(2) blending the entire plant into plant
material biomass by chopping or shredding all flowers, buds, trichomes, leaves,
stalks, seed, and all plant parts from the non-compliant sampled lot in such a
way to create a homogeneous and uniform blend of all plant material of that
lot.
(ii) All remediated
plant material shall be sampled by the Department or a Department approved
sampling agent and tested for the material's THC levels at the grower's
expense.
(iii) Remediated biomass
shall be separated from any compliant hemp stored in the area and clearly
labeled and demarcated as "hemp for remediation purposes." All lots subject to
remediation shall be stored, labeled, and demarcated apart from each other and
from other compliant hemp lots stored or held nearby. Remediated biomass shall
not leave the labeled and demarcated area until a test result showing
compliance with the acceptable hemp THC level is received or until the biomass
is destroyed.
(iv) Only
successfully remediated plant material may enter the stream of commerce and any
non-compliant hemp shall be destroyed as set forth above.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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