|SAME AS||SAME AS A09310-A|
|Amd §§506, 507 & 508, add §509, Ag & Mkts L|
|Authorizes the sale, distribution, transportation and processing of industrial hemp.|
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STATE OF NEW YORK ________________________________________________________________________ 6960--A IN SENATE March 10, 2016 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, in relation to the sale, distribution, transportation and processing of industrial hemp The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 506 of the agriculture and markets law, as added by 2 chapter 524 of the laws of 2014, is amended to read as follows: 3 § 506. Growth, sale, distribution, transportation and processing of 4 industrial hemp and products derived from such hemp permitted. Notwith- 5 standing any provision of law to the contrary, industrial hemp [ is an] 6 and products derived from such hemp are agricultural [ product] products 7 which may be grown, produced and possessed in the state, and sold, 8 distributed, transported or processed either in or out of state as part 9 of [ an] agricultural pilot [ program] programs pursuant to authorization 10 under federal law and the provisions of this article. 11 Notwithstanding any provision of law to the contrary restricting the 12 growing or cultivating, sale, distribution, transportation or processing 13 of industrial hemp and products derived from such hemp, and subject to 14 authorization under federal law, the commissioner may authorize no more 15 than [ up to] ten sites for the growing or cultivating of industrial hemp 16 as part of [ an] agricultural pilot [ program] programs conducted by the 17 department and/or an institution of higher education to study the growth 18 and cultivation, sale, distribution, transportation and processing of 19 such hemp and products derived from such hemp provided that the sites 20 and programs used for growing or cultivating industrial hemp are certi- 21 fied by, and registered with, the department. 22 § 2. Section 507 of the agriculture and markets law, as added by chap- 23 ter 524 of the laws of 2014, is amended to read as follows: 24 § 507. Prohibitions. [ The] Except as authorized by federal and state 25 law, and regulations promulgated pursuant to section five hundred eight EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13736-05-6S. 6960--A 2 1 of this article, the sale, distribution or export of industrial hemp 2 grown or cultivated pursuant to this article is prohibited. 3 § 3. Section 508 of the agriculture and markets law, as added by chap- 4 ter 524 of the laws of 2014, is amended to read as follows: 5 § 508. Regulations. In cooperation with the commissioner of health and 6 the commissioner of criminal justice services, the commissioner shall 7 develop regulations consistent with the provisions of this article for 8 the approval of agricultural pilot programs for the growing and culti- 9 vation, sale, distribution, transportation or processing of industrial 10 hemp and products derived from such hemp, including, but not limited to: 11 (a) the authorization of any person who as part of such [ program] 12 programs may: acquire or possess industrial hemp plants or hemp seeds; 13 grow or cultivate industrial hemp plants; and/or, sell, purchase, 14 distribute, transport or process such plants, seeds and products; and 15 (b) the [ disposition] disposal, if necessary, of industrial hemp after 16 it has been grown or cultivated and studied. 17 § 4. The agriculture and markets law is amended by adding a new 18 section 509 to read as follows: 19 § 509. Industrial hemp reporting. The commissioner, in cooperation 20 with the commissioner of economic development, shall file a written 21 report with the governor, the majority and minority leaders of the 22 senate and the speaker and minority leader of the assembly on January 23 first, two thousand eighteen concerning the status of agricultural pilot 24 programs developed pursuant to this article. Such report shall include, 25 but not be limited to, the success of such programs in cultivating, 26 marketing, processing and selling industrial hemp and products derived 27 from such hemp, and the opportunities and barriers to developing hemp 28 related businesses and jobs. 29 § 5. This act shall take effect on the thirtieth day after it shall 30 have become a law; provided, however, that effective immediately, the 31 addition, amendment and/or repeal of any rule or regulation necessary 32 for the implementation of this act on its effective date are authorized 33 and directed to be made and completed on or before such effective date.