N.Y. Comp. Codes R. & Regs. tit. 1 § 159.4

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

Section 159.4 - License applications

(a) An applicant for a State issued license to grow hemp shall apply upon a form prepared by the Department, which application shall require, at a minimum, the following information:

(i) For individual applicants, the applicant's full name, address, telephone number, and email address (if available);

(ii) For business entities, the entity's complete legal name and trade name, if any; its principal business address, the full name and title of key participants, their respective email addresses (if available) and the entity's employer identification number (EIN);

(iii) A legal description of the land on which the hemp will be grown, cultivated, or handled, including, the acreage for outdoor growing locations, the square footage for indoor growing locations, and the geospatial location for each proposed growing and handling site;

(iv) A current criminal history report for all key participants issued no more than 60 days prior to submission of the application to grow hemp; and

(v) Information sufficient to demonstrate that the applicant has or will have adequate facilities and security to undertake the growth, cultivation, and handling of hemp and to comply with applicable State law, rules and regulations relating to the growth, cultivation, and handling of hemp.

(b) Applications shall not be processed by the Department unless fully completed and all required information is provided. The Department shall return all incomplete applications to the applicant unless the Department, in its sole discretion, determines that it is more expedient to request the applicant to provide any missing information.

(c) License applications shall be signed by the applicant, if a natural person; by a managing member, if a limited liability company; by an officer, if a corporation; or by its partners or a partner authorized to sign on behalf of the partnership, if a partnership.

(d) All persons signing an application shall be required to verify the truth of the information submitted under the penalty of perjury.

(e) Any person who materially falsifies any information contained in an application for a license and/or provides material information known by the provider to be false or misleading shall be ineligible to be licensed.

(f) An application for a commercial hemp license shall be accompanied by a non-refundable license application fee of $ 500.00 payable by check, draft or other form of payment authorized by the Department. Sampling and testing fees, if undertaken by the Department, shall be assessed separately as provided in this Part.

(g) An application for a research hemp grower license shall be accompanied by a non-refundable license application fee of $500.00. Fees for sampling and testing, if undertaken by the Department, shall be assessed separately as provided in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 159.4

Adopted New York State Register January 13, 2016/Volume XXXVIII, Issue 02, eff.1/13/2016

Amended New York State Register February 1, 2017/Volume XXXIX, Issue 05, eff. 2/1/2017

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