N.Y. Comp. Codes R. & Regs. tit. 9 § 133.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 133.4 - [Effective until 1/7/2025] Violations

(a) Violation categories for licensees, registrants, and permittees, including any activity outside the scope of the license, registration, or permit:

(1) Category 1 - Violations are such that they are immediate and severe threat to public health, safety or welfare.

(2) Category 2 - Violations are such that they create a severe threat to public health, safety or welfare.

(3) Category 3 - Violations are such that they create a potential threat to public health, safety or welfare.

(4) Category 4 - Violations are such that they create a climate which is conducive to abuses of office regulations governing the cultivation, processing, production, distribution, sale, or delivery of cannabis or cannabis products.

(5) Category 5 - Violations are those that are inconsistent with the orderly operation of a regulated business engaged in the cultivation, processing, production, distribution, sale, or delivery of cannabis or cannabis products or those that are inconsistent with said business's ability to operate in a manner that comports with applicable regulations.

(b) Unless engaged in a corrective action plan or remediation activities approved by the office, a licensee shall not destroy, damage, alter, tamper with, remove or conceal potential evidence of a violation under this subdivision; attempt to do so, or ask or encourage another person to do so. Such destruction, damaging, altering, tampering, removing, or concealing, or attempts or encouragement to do the same, creates a presumption that such evidence was inculpatory.

(c) In response to a violation of any provision of the Cannabis Law and other related regulations, the office is authorized to take enforcement action or impose sanctions upon a licensee, registrant, or permittee. Sanctions may include, but are not limited to, maintaining a record of any and all violations, civil penalties, fees, fines, suspension, cancellation, or revocation of a license, debarment, non-renewal, a stop order to cease any or all licensed activity and any or all cannabis-related or cannabinoid hemp-related activities outside the scope of their license, seizure or quarantine of product, and referral to state or local law civil or criminal investigative or enforcement entities, or any combination thereof. The office may, in its discretion, use licensee's past record when determining an appropriate penalty.

(d) The office may, in its discretion, conduct multiple enforcement actions or impose sanctions pursuant to this Part to be applied concurrently or consecutively.

(e) Licensees, registrants, and permittees shall comply with all laws of the State of New York and all applicable regulations of New York State agencies.

(f) A licensee shall supervise the conduct at the licensed, registered, or permitted premises at all times. A licensee will be held accountable for any violation of any applicable laws, rules, and regulations associated with licensed, registered, or permitted entities that occur in or around the licensed, registered, or permitted premises and that are committed or allowed by any manager, agent or employee of such licensee.

(g) If the office determines that a licensee does not comply with the Cannabis Law and related regulations, the licensee may be issued a stop work order and be required to cease any or all licensed, registered, or permitted activity, as well as any or all cannabis-related or cannabinoid hemp-related activities outside the scope of their license. The stop work order, may be issued simultaneously with or include, but is not limited to, an order of quarantine or recall of cannabis or cannabinoid hemp products, an order of disposal or destruction of cannabis or cannabinoid hemp products, or an order of cessation of sales, processing, or cultivation of cannabis products, or any cannabis-related or cannabinoid hemp-related activities, after a date specified by the office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.4

Adopted New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/6/2023 (Emergency)

Amended New York State Register August 16, 2023/Volume XLV, Issue 33, eff. 8/4/2023, exp. 12/4/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/4/2023, exp. 4/2/2024 (Emergency)

Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/10/2024, exp. 1/7/2025 (Emergency)