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S06960 Summary:

BILL NOS06960A
 
SAME ASSAME AS A09310-A
 
SPONSORO'MARA
 
COSPNSR
 
MLTSPNSR
 
Amd 506, 507 & 508, add 509, Ag & Mkts L
 
Authorizes the sale, distribution, transportation and processing of industrial hemp.
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S06960 Text:



 
                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.
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