* § 510. Industrial hemp seed certification program. The commissioner shall establish an industrial hemp seed certification program in the department to, among other things, set industrial hemp seed certification standards and establish seed quality benchmarks to ensure that the local hemp cultivars are developed to be well adapted for New York state's climate and farm management practices and that they are stable with respect to the concentration of delta-9 tetrahydrocannabinol. * NB Effective until March 8, 2020 * § 510. Regulations. The commissioner may develop regulations consistent with the provisions of this article for the growing and cultivation, sale, distribution, and transportation of industrial hemp grown in the state, including:
- 1. the authorization or licensing of any person who may: acquire or possess industrial hemp plants or seeds; grow or cultivate industrial hemp plants; and/or sell, purchase, distribute, or transport such industrial hemp plants, plant parts, or seeds;
- 2. maintaining relevant information regarding land on which industrial hemp is produced within the state, including the legal description of the land, for a period of not less than three calendar years;
- 3. the procedure for testing of industrial hemp produced in the state for delta-9-tetrahydrocannabinol levels, using a representative non-decarboxylated sample of flowers and leaves from the whole plant or other similarly reliable methods;
- 4. the procedure for effective disposal of industrial hemp plants or products derived from hemp that are produced in violation of this article;
- 5. a procedure for conducting at least a random sample of industrial hemp producers to verify that hemp is not produced in violation of this article;
- 6. any required security measures; and
- 7. such other and further regulation as the commissioner deems appropriate or necessary. * NB Effective and Repealed March 8, 2020 * § 510. Granting, suspending or revoking licenses. After due notice and opportunity to be heard, as established by rules and regulations, the commissioner may decline to grant a new license, impose conditions or limits with respect to the grant of a license, modify an existing license or decline to renew a license, or suspend or revoke a license already granted, whenever the commissioner finds that:
- 1. A material statement contained in an application is or was false or misleading;
- 2. The applicant or licensee, or a person in a position of management and control thereof or of the licensed activity, does not have good moral character, necessary experience or competency, adequate facilities, equipment, process controls, testing capability or security, to grow, cultivate and process hemp in connection with its growing and cultivation or to sell hemp plants or hemp seed;
- 3. After appropriate notice and opportunity, the applicant or licensee has failed to produce any records or provide any information required by this article, the rules and regulations promulgated pursuant thereto or demanded by the commissioner, reasonably related to the administration and enforcement of this article;
- 4. The applicant or licensee, or any officer, director, partner, or other person exercising any position of management or control thereof has willfully failed to comply with any of the provisions of this article or rules and regulations promulgated pursuant thereto or other law of this state applicable to the licensed activity; or
- 5. The licensee has failed to comply with its compliance action plan established under section five hundred sixteen of this article. * NB Effective March 8, 2020