New York § 509 - 509Hemp grower's authorization, license; fees; requirements

§ 509. 509Hemp grower's authorization, license; fees; requirements

§ 509. Hemp grower's authorization, license; fees; requirements. 1. No person shall: (a) grow, cultivate, process, produce, sell or distribute hemp in the state unless authorized by the commissioner as part of an agricultural research pilot program established under this article; or (b) grow, cultivate and process hemp in connection with its growing and cultivation or sell hemp plants or hemp seed unless licensed by the commissioner. Mere transportation, such as by common carrier or another entity or individual, does not constitute activity subject to licensing under this article. 2. A hemp grower license does not authorize the processing or retail sale of hemp for human consumption, as defined in section thirty-three hundred ninety-eight of the public health law, unless the licensee also obtains a cannabinoid hemp processor license, cannabinoid hemp retailer license, or any other license required pursuant of article thirty-three-B of the public health law. 3. Applications for licenses, authorizations or a modification thereof, as set out in regulation, shall be upon a form specified by the commissioner, accompanied by a reasonable application fee for new applications or significant modifications to an application, which shall be established by regulation and which may be made non-refundable by regulation. 4. The commissioner may also assess a reasonable authorization or licensing fee established by regulation, scaled to cover the estimated, or if known, actual costs of inspections, regulatory testing and other administrative expenses of the authorized or licensed activity, which fee shall be paid prior to the issuance of the authorization or license. 5. The applicant, if an individual, shall be asked to furnish together with the application evidence of his or her good moral character and, if an entity, the applicant shall be asked to furnish together with the application evidence of the good moral character of the individuals who have or will have substantial responsibility for the licensed or authorized activity and those in control of the entity, including principals, officers, or others exercising such control. The names of such individuals shall be set forth in the application. 6. The applicant shall furnish evidence of his, her or its experience and competency, and that the applicant has adequate facilities, equipment, process controls, testing capability and security, to grow, cultivate and process hemp in connection with its growing and cultivation or to sell hemp plants or hemp seed. 7. The department shall provide an application for renewal of any license issued under this article not less than ninety days prior to the expiration of the current license. A renewal application shall be submitted to the commissioner at least thirty days prior to the expiration of the authorization or license, on a form or forms provided by the commissioner for such purpose.