A09310 Summary:

BILL NOA09310A
 
SAME ASSAME AS S06960-A
 
SPONSORLupardo
 
COSPNSRGottfried, Brindisi, Benedetto, Stirpe, Skartados, Blake, Crouch, Woerner, Walter, Cahill, Magee, Russell, Robinson, Montesano
 
MLTSPNSRGlick, McLaughlin, Palmesano, Simon, Steck
 
Amd 506, 507 & 508, add 509, Ag & Mkts L
 
Authorizes the sale, distribution, transportation and processing of industrial hemp.
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A09310 Actions:

BILL NOA09310A
 
02/17/2016referred to agriculture
05/04/2016amend (t) and recommit to agriculture
05/04/2016print number 9310a
05/10/2016reported referred to codes
05/17/2016reported referred to ways and means
05/25/2016reported
05/26/2016advanced to third reading cal.813
06/02/2016passed assembly
06/02/2016delivered to senate
06/02/2016REFERRED TO AGRICULTURE
06/14/2016SUBSTITUTED FOR S6960A
06/14/20163RD READING CAL.1735
06/14/2016PASSED SENATE
06/14/2016RETURNED TO ASSEMBLY
08/08/2016delivered to governor
08/19/2016signed chap.256
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A09310 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9310A
 
SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the sale, distribution, transportation and processing of industrial hemp   PURPOSE: The purpose of this bill is to update the state's Industrial Hemp Pilot Research Program with changes that have been allowed by the federal government.   SUMMARY OF PROVISIONS: § 1 Amends § 506 of the Agriculture and Markets Law by permitting the sale, distribution, transportation and processing of industrial hemp and products derived from such hemp. This section also classifies such products as agricultural products under the provisions of the article. § 2 amends § 507 of the Agriculture and Markets Law by clarifying that the sale, distribution, transportation and processing of industrial hemp is still prohibited in the state unless it is part of a pilot research program. § 3 amends § 508 of the Agriculture and Markets Law by directing the Department of Agriculture and Markets to update the state's Industrial Hemp Pilot Research Program regulations to allow for the sale, distrib- ution, transportation and processing of industrial hemp and products derived from such hemp. § 4 amends the Agriculture and Markets Law by adding § 509 requiring the Commissioner of Agriculture and Markets in cooperation with the Commis- sioner of Economic Development to file a written report with the Gover- nor, the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the Assembly on January 1, 2018 on the status of the state's Industrial Hemp. Pilot Research Program. § 5 is the effective date.   JUSTIFICATION: The federal government included changes in the Omnibus Appropriations bill of 2016 to State Industrial Hemp Pilot Research Programs. These changes allow for expansion of the pilot programs that were authorized by § 7606 of the 2014 Farm Bill passed by Congress. This new provision allows for the transportation, distribution, sale and processing of hemp grown or cultivated in accordance with state industrial hemp pilot research programs. Since the New York State Legislature passed legislation to create an Industrial Hemp Pilot Research program in 2014, farmers and research institutions have expressed tremendous interest in participating in the program and in the potential of industrial hemp as a major agricultural crop in New York State. As the program has moved forward, participants have expressed their desire to pursue the marketing and final products of industrial hemp. By adopting these changes, New York will be in the position to become a national leader in the growing industrial hemp industry once it is fully legalized by the federal government.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law; provided; however, that effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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A09310 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9310--A
 
                   IN ASSEMBLY
 
                                    February 17, 2016
                                       ___________
 
        Introduced  by M. of A. LUPARDO, GOTTFRIED, BRINDISI, BENEDETTO, STIRPE,
          SKARTADOS, BLAKE, CROUCH, WOERNER, WALTER, CAHILL, MAGEE,  RUSSELL  --
          Multi-Sponsored by -- M. of A. GLICK, McLAUGHLIN, PALMESANO, ROBINSON,
          SIMON, STECK -- read once and referred 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13736-04-6

        A. 9310--A                          2
 
     1    § 507. Prohibitions. [The] Except as authorized by federal  and  state
     2  law,  and regulations promulgated pursuant to section five hundred eight
     3  of this article, the sale, distribution or  export  of  industrial  hemp
     4  grown or cultivated pursuant to this article is prohibited.
     5    § 3. Section 508 of the agriculture and markets law, as added by chap-
     6  ter 524 of the laws of 2014, is amended to read as follows:
     7    § 508. Regulations. In cooperation with the commissioner of health and
     8  the  commissioner  of  criminal justice services, the commissioner shall
     9  develop regulations consistent with the provisions of this  article  for
    10  the  approval  of agricultural pilot programs for the growing and culti-
    11  vation, sale, distribution, transportation or processing  of  industrial
    12  hemp and products derived from such hemp, including, but not limited to:
    13    (a)  the  authorization  of  any  person who as part of such [program]
    14  programs may: acquire or possess industrial hemp plants or  hemp  seeds;
    15  grow  or  cultivate  industrial  hemp  plants;  and/or,  sell, purchase,
    16  distribute, transport or process such plants, seeds and products; and
    17    (b) the [disposition] disposal, if necessary, of industrial hemp after
    18  it has been grown or cultivated and studied.
    19    § 4. The agriculture and markets  law  is  amended  by  adding  a  new
    20  section 509 to read as follows:
    21    §  509.  Industrial hemp reporting.   The commissioner, in cooperation
    22  with the commissioner of economic  development,  shall  file  a  written
    23  report  with  the  governor,  the  majority  and minority leaders of the
    24  senate and the speaker and minority leader of the  assembly  on  January
    25  first, two thousand eighteen concerning the status of agricultural pilot
    26  programs  developed pursuant to this article. Such report shall include,
    27  but not be limited to, the success  of  such  programs  in  cultivating,
    28  marketing,  processing  and selling industrial hemp and products derived
    29  from such hemp, and the opportunities and barriers  to  developing  hemp
    30  related businesses and jobs.
    31    §  5.  This  act shall take effect on the thirtieth day after it shall
    32  have become a law; provided, however, that  effective  immediately,  the
    33  addition,  amendment  and/or  repeal of any rule or regulation necessary
    34  for the implementation of this act on its effective date are  authorized
    35  and directed to be made and completed on or before such effective date.
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