N.Y. Comp. Codes R. & Regs. tit. 1 § 159.18

Current through Register Vol. 46, No. 50, December 11, 2024

Section 159.18 - Aids to Enforcement

(a) The Commissioner shall have full access to all premises, buildings, factories, farms, where activities regulated by Article 29 of the Agriculture and Markets ("Article 29") law are licensed or occur, including vehicles, cars, boats, airplanes, vessels, containers, packages, barrels, boxes, tubs and/or cans for the purpose of enforcing the provisions of this article. The Commissioner may, at such locations, examine hemp and hemp products and may open any package and/or container reasonably believed to contain hemp or hemp products, to determine whether it is in violation of Article 29 or any rule or regulation of this Part.

(b) The Commissioner may seek an inspection warrant when he or she reasonably believes a violation of Article 29 or any rule or regulation of this Part has occurred or is occurring and that a licensee or an individual or entity authorized to conduct research pursuant to Article 29 has: refused to permit any hemp to be inspected or samples taken therefrom; refused to permit access to any premises or place where licensed activities are conducted; and/or refused to permit access thereto by any inspector of the Department and that such inspector has reasonable grounds to believe that such person has any hemp in his or her possession or under his or her control and/or is in violation of Article 29 or any rule or regulation of this Part. In such a case, a warrant may be issued in the name of the people, directed to the Commissioner, his or her employees, and/or police officers, commanding him, her or them to:

(1) search any place of business, factory, building, premises, farm where licensed activities have occurred and any vehicle, car, boat, airplane, vessel, container, package, barrel, box, tub and/or can, containing, or believed to contain, hemp in the possession or under the control of any person who shall refuse to allow access to such hemp for inspection or sampling;

(2) permit the inspection and sampling of any hemp found in the execution of the warrant, as the officer applying for the inspection warrant shall designate when the same is found, by an inspector or a Department official authorized by the Commissioner or by the agriculture and markets law; and/or

(3) permit access to any place where access is refused or prevented, and to allow and enable a Department inspector or other Department official or police officer to conduct an inspection of the place. The officer to whom the warrant is delivered shall make a return in writing of his proceedings thereunto to the court which issued the same.

(c) The Commissioner or his/her designee may quarantine hemp when he or she has reason to believe that the hemp does not meet the definition of hemp or if hemp or hemp products is/are maintained, processed, or marketed in violation of or does/do not meet a standard set forth in Article 29 or this Part. The quarantine may be put into effect by the issuance of an order directing the owner or custodian of hemp and/or hemp products not to distribute, dispose of, or move that commodity without the written permission of the Commissioner. The Commissioner may also quarantine hemp or hemp products by placing a tag or other appropriate marking on the hemp or hemp product or adjacent thereto that provides and requires that such product must not be distributed, disposed of, or moved without his or her written permission, or may quarantine a product or effect a stop sale direction by otherwise informing the owner or custodian thereof that such condition must be complied with.

(d) Whenever the Commissioner has reason to believe that any hemp is being maintained or distributed in violation of any provision, rule or regulation of Article 29 or this Part, the Commissioner may issue a stop sale order to the owner or custodian of such suspect lot and enforce the same against such person. Any such order may direct that the hemp or hemp products be removed from distribution and retained at the establishment where the hemp or hemp products is/are located. It shall be a violation of this section for the owner or custodian of any hemp served with or otherwise aware of, and affected by, a stop sale order, to sell barter, give away, use, or otherwise remove such hemp from the place of retention without prior written approval of the Commissioner.

(e) The Commissioner may seize hemp by taking physical possession of hemp when the Commissioner has substantial evidence to believe that the commodity does not meet the definition of hemp or is otherwise in violation of or does not meet a standard set forth in Article 29 or this Part.

(f) Subsequent to quarantining, issuing a stop sale order, or seizing hemp or hemp product, as authorized in subdivisions (c), (d) and (e) of this section, the Commissioner shall promptly give the owner or custodian thereof notice and an opportunity to be heard to show cause why such hemp or hemp products should not be ordered destroyed. The Commissioner shall, thereafter, consider all the relevant evidence and information presented and shall determine whether such hemp should be ordered to be destroyed. The Commissioner shall notify the owner and custodian in writing of the specific reason or reasons for the determination. Such determination may be reviewed as provided in article seventy-eight of the civil practice law and rules.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 159.18

Adopted New York State Register April 6, 2022/Volume XLIV, Issue 14, eff. 4/6/2022