Current through Register Vol. 46, No. 39, September 25, 2024
(a) No person or entity shall extract hemp
extract or manufacture cannabinoid hemp product, or hold itself out as a
cannabinoid hemp processor, unless it is in compliance with Article 5 of the
Cannabis Law and this Part and is licensed by the office as a cannabinoid hemp
processor.
(b) An application for
licensure shall be submitted to the office on a form prescribed by the office
which shall include the following:
(1) the
name, address, telephone number and email address of the applicant;
(2) identification of all real property,
buildings and facilities that will be used in the extracting of hemp extract or
manufacturing of cannabinoid hemp;
(3) the days and hours of
operation;
(4) the Federal employer
identification number of the applicant;
(5) for applicants extracting hemp extract,
identification of all extraction methods that will be used to carry out the
extracting;
(6) proof of New York
State Workers' Compensation and Disability Insurance coverage, or a Certificate
of Attestation of Exemption from coverage;
(7) a summary and description of the
applicant's:
(i) source(s) of hemp and hemp
extract to be used by the licensee; and
(ii) cannabinoid hemp products to be
manufactured;
(8) a
statement that the applicant's standard operating procedures will incorporate
any language or requirements provided by the office and adequately address
quality assurance, security, and a plan to ensure all hemp and hemp extract
obtained by the applicant meets the requirements of this Part.
(9) evidence that Good Manufacturing
Practices (GMP) will be used in the extraction of hemp extract and
manufacturing of cannabinoid hemp products. Such evidence shall include one of
the following:
(i) proof of a qualified
third-party GMP audit of the applicant's extraction and manufacturing
processes; or
(ii) a detailed plan
for obtaining a qualified third-party GMP audit within six months of approval
of the application and before beginning operations as a cannabinoid hemp
processor in New York State;
(10) a copy and description of any other
license(s) issued by state or federal authorities related to the operations of
the licensee or the facility where licensed activity will occur;
(11) a description of any other businesses or
business activities conducted on the premises to be licensed;
(12) copies of the organizational documents
of the applicant;
(13) a statement
attesting that the applicant and those in control of the entity, meaning a
person that has the ability to direct the activity of the applicant or
licensee, including principals, officers or others with such control, are of
good moral character;
(14) a
statement attesting that the applicant will comply with all applicable state
and local laws and regulations relating to the activities in which it intends
to engage under the license;
(15) a
statement attesting that the applicant has the experience and competency to
undertake the activities for which licensure is sought; and
(16) any other information as may be required
by the office.
(c) The
information required by subparagraph (b)(9) of this section shall not be
required for cannabinoid hemp farm processor applicants.
(d) Applications under this section shall be
accompanied by a non-refundable application fee of $1,000 for extraction and
manufacturing, $500 for manufacturing only and $100 for cannabinoid hemp farm
processors.
(e) Applicants shall
verify the truth and accuracy of the information contained in the application.
The office, in its discretion, may reject or deny an application if it
determines that information contained therein is false, inaccurate or omits a
material fact.
