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.
LBD13736-05-6
S. 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.
