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 159.17 - Registrations for Hemp Seed and Plant Sales
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 159.17
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Seed Sales.
(i) No person shall sell hemp seeds in the
State unless registered with the Department.
(ii) Registrations are obtained by submitting
a fully completed application on a form prepared by the Department, providing,
among other things, the following information:
(1) If the applicant is an individual, the
applicant's full name, address, telephone number and email address (if
available). If the applicant is a business entity, the entity's complete name,
its principal business address, the full name and title of key participants,
their respective email addresses (if available) and the entity's employer
identification number (EIN); and
(2) A legal description of the property at
which the seed is stored and handled and the geospatial location for each site;
and
(3) A current criminal history
report for all key participants and information to evidence that the applicant
has or will have adequate facilities, equipment, and security to undertake the
storage and sale of hemp seed and to comply with applicable State
law.
(iii) Upon the
submission of a completed registration application, together with a
registration fee of $100.00, the Department shall register the applicant, which
authorizes the registrant to engage in the sale of hemp seeds in the State for
a period of three years with the term beginning on the date of issue shown on
the license.
(iv) Sale of hemp seed
is permitted to only those holding State or Federal licenses authorizing the
buyer to grow and cultivate hemp.
(v) Registrants shall maintain a log of all
hemp seeds sold for a period of three years, which log shall include the name,
address and phone number of each person purchasing the seed, their State or
Federal hemp registration or license number, the quantity and variety of the
seed purchased, and the date of the purchase.
(vi) The Department shall have full access to
the licensed premises and the property at which the seed is stored and shall
have the authority to inspect and audit sales records on a periodic
basis.
(vii) Upon notice and an
opportunity to be heard, the selling of hemp seed to persons not authorized to
grow hemp or failure to create and maintain required records may result in the
revocation of a registration.
(b) Plant Sales.
(i) No person shall sell hemp plants in the
State unless such person holds both a hemp grower license under this Part and a
nursery grower license pursuant to Agriculture and Markets Law Article 14,
Section 163-b.
(ii) Registrations
may be obtained by submitting a fully completed application on a form prepared
by the Department, providing, among other things, the following information:
(1) If the applicant is an individual, the
applicant's full name, address, telephone number and email address (if
available). If the applicant is a business entity, the entity's complete name,
its principal business address, the full name and title of key participants,
their respective email addresses (if available) and the entity's employer
identification number (EIN); and
(2) A legal description of the property at
which the hemp plants are stored and handled and the geospatial location for
each site; and
(3) A current
criminal history report for all key participants and information to evidence
that the applicant has or will have adequate facilities, equipment, and
security to undertake the storage and sale of hemp plants and to comply with
applicable State law.
(iii) Upon the submission of a completed
application with required application fees, the Department shall register the
applicant, which authorizes the registrant to engage in the cultivation and
sale of hemp plants in the State.
(iv) The sale of hemp plants is permitted to
only those holding State or federal licenses authorizing the buyer to grow and
cultivate hemp.
(v) Registrants
shall maintain a log of all hemp plants sold for a period of three years, which
log shall include the name, address and phone number of each person purchasing
the plants, their State or federal registration or license number, the quantity
and variety of the seed purchased and the date of the purchase.
(vi) The Department shall have full access to
the licensed premises and the locations where the plants are grown or
cultivated during regular business hours and shall have the authority to
inspect and audit sales records on a periodic basis.
(vii) Upon notice and an opportunity to be
heard, the selling of hemp plants to persons not authorized to grow hemp or
failure to create and maintain required records may result in the revocation of
a registration.
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