N.Y. Public Health Law Section 3398-B
Cannabinoid hemp processor license


1.

Persons processing cannabinoid hemp or hemp extract used for human consumption, whether in intermediate or final form, shall be required to obtain a cannabinoid hemp processor license from the department.

2.

A cannabinoid hemp processor license authorizes one or more specific activities related to the processing of cannabinoid hemp into products used for human consumption, whether in intermediate or final form, and the distribution or sale thereof by the licensee. Nothing herein shall prevent a cannabinoid hemp processor from processing, extracting and processing hemp products not to be used for human consumption.

3.

Persons authorized to grow hemp pursuant to article twenty-nine of the agriculture and markets law are not authorized to engage in processing of cannabinoid hemp or hemp extract without first being licensed as a cannabinoid hemp processor under this article.

4.

This article shall not apply to hemp, cannabinoid hemp, hemp extracts or products derived therefrom that are not used for human consumption. This article also shall not apply to hemp, cannabinoid hemp, hemp extracts or products derived therefrom that have been deemed generally recognized as safe pursuant to federal law.

5.

The commissioner shall have the authority to set reasonable fees for such license, to limit the activities permitted by such license, to establish the period during which such license is authorized, which shall be two years or more, and to make rules and regulations necessary to implement this section.

6.

Any person holding an active research partnership agreement with the department of agriculture and markets, authorizing that person to process cannabinoid hemp, shall be awarded licensure under this section, provided that the research partner is actively performing research pursuant to such agreement and is able to demonstrate compliance with this article, as determined by the department, after notice and an opportunity to be heard. * NB Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed

Source: Section 3398-B — Cannabinoid hemp processor license, https://www.­nysenate.­gov/legislation/laws/PBH/3398-B (updated Apr. 2, 2021; accessed May 11, 2024).

Accessed:
May 11, 2024

Last modified:
Apr. 2, 2021

§ 3398-B’s source at nysenate​.gov

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