New York State Assembly

 
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A08509 Summary:

A08509 Actions:

A08509 Committee Votes:

Committee:AGRICULTURE   Chair:Magee      
DATE:06/19/2017AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Magee
Aye
Blankenbush
Aye
Lifton
Aye
Butler
Aye
Gunther
Aye
Crouch
Aye
Benedetto
Aye
Finch
Excused
Rosenthal
Aye
Hawley
Aye
Jenne
Aye
Lopez
Aye
Bronson
Aye
Rivera
Excused
Simanowitz
Excused
Skartados
Aye
Barrett
Aye
Stirpe
Aye
Santabarbara
Aye
Sepulveda
Aye
Skoufis
Aye
Woerner
Aye
Jones
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/19/2017AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:06/20/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Excused
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Excused
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye

A08509 Floor Votes:

A08509 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8509
 
SPONSOR: Lupardo

 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to the inspection and sale of industrial hemp seeds, the
support of the industrial hemp industry and the inclusion of industrial
hemp as a crop
 
 
PURPOSE OF THE BILL:
 
This bill would modify the Agriculture and Markets Law (AML) to ensure
that industrial hemp will be considered an agricultural product and that
it be treated the same way as other crops and seed.
 
The bill would direct the establishment of an industrial hemp seed
certification program to ensure that authorized users of industrial hemp
seed have adequate protection with respect to trueness to variety,
germination, and concentration of delta-9 tetrahydrocannabinol (THC) in
seed offered for sale. It also would authorize the commissioner to
collect industrial hemp data and use that data to promote best farming
practices for industrial hemp.
 
The bill would direct the Commissioner of Agriculture and Markets to
cooperate and consult with the New York State Urban Development Corpo-
ration with respect to the funding and support of industrial hemp
research and to establish a webpage and a Department one-stop shop toll-
free hotline for technical assistance concerning industrial hemp.
 
The bill also would direct establishment of an industrial hemp work-
group, composed of researchers and industry leaders to make recommenda-
tions concerning research, state and federal policy, policy initiatives,
and, as consistent with federal and state laws, opportunities for the
promotion and marketing of industrial hemp.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill would make a declaration of legislative findings
and intent.
 
Section 2 of the bill would amend AML § 136 (3) to add "industrial hemp"
to the definition of "agricultural seeds" and "crop seeds" for purposes
of AML Article 9-Inspection and Sale of Seeds.
 
Section 3 of the bill would amend AML § 301 (2) to add "industrial hemp"
to the definition of "crops, livestock and livestock products" for
purposes of AML Article 25-AA- Agricultural Districts Law.
 
Section 4 of the bill would amend AML Article 29 - Growth of Industrial
Hemp to add a new § 510 requiring the establishment of an industrial
hemp seed certification program.
 
Section 5 of the bill would amend AML Article 29 - Growth of Industrial
Hemp to add a new § 511 authorizing the commissioner to engage in indus-
trial hemp data collection and to use such data to promote best farming
practices for industrial hemp.
 
Section 6 of the bill would amend AML Article 29 - Growth of Industrial
Hemp to add a new § 512 requiring the commissioner to consult and coop-
erate with the New York State Urban Development Corporation regarding
the funding and support of industrial hemp research and businesses
involved in the processing and manufacture of industrial hemp products.
 
Section 7 would amend AML Article 29 - Growth of Industrial Hemp to add
a new § 513 requiring the commissioner to establish an industrial hemp
one-stop shop and website to provide information and technical assist-
ance to industrial hemp producers and manufacturers.
 
Section 8 would amend AML Article 29 - Growth of Industrial Hemp to add
a new § 514 requiring the commissioner to appoint a New York State
industrial hemp workgroup to provide recommendations concerning
research, current policy, policy initiatives, and promotion and market-
ing opportunities consistent with federal and state law and regulation.
 
 
JUSTIFICATION:
 
Industrial hemp and products derived from it offer tremendous potential
for farmers and manufacturers in New York State. It has a wide array of
uses, including food, fabric, insulation, carpeting, paneling, cordage,
pulp, fiber board, compost, mortar, bedding, chemical feedstocks, and
pharmaceuticals.
 
The 2014 federal Farm Bill authorized state pilot programs for hemp
research. Based upon this and other changes in federal law, Governor
Cuomo signed legislation in 2015 authorizing ten sites for the growing
of industrial hemp as part of agricultural pilot programs.  The Governor
signed further legislation in 2016 and 2017, expanding the scope and
breadth of this research.
 
This bill would ensure that industrial hemp is recognized as agricul-
tural product and is treated like other agricultural products.  It would
also established a framework to develop standards and quality benchmarks
for industrial hemp seed developed in New York and facilitate and
support additional study of industrial hemp and products derived from
hemp.
 
By supporting and expanding the research and study of industrial hemp,
New York State can become a leader in providing valuable knowledge
concerning the growth, cultivation, uses, processing and product devel-
opment that will benefit New York farms and businesses.
 
With New York in the forefront of industrial hemp research, New York
producers and manufacturers will be in an excellent position to capital-
ize on this emerging crop.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
FISCAL IMPLICATIONS:
 
None expected.
 
 
EFFECTIVE DATE:
This bill would take effect immediately.

A08509 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8509
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 17, 2017
                                       ___________
 
        Introduced  by  M. of A. LUPARDO -- (at request of the Governor) -- read
          once and referred to the Committee on Agriculture
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          inspection  and  sale  of  industrial  hemp  seeds, the support of the
          industrial hemp industry and the inclusion of  industrial  hemp  as  a
          crop

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Declaration of legislative findings and intent. It is here-
     2  by found and declared that industrial hemp is an agricultural commodity,
     3  the domestic cultivation of which has the potential not only to generate
     4  new jobs in agriculture and enhance the profitability of New York farms,
     5  but to expand opportunities for processors and manufacturers producing a
     6  wide array of traditional and new products using industrial hemp.
     7    It is the declared policy of the state to become a leader in encourag-
     8  ing and supporting research into the growth, cultivation, uses, process-
     9  ing and development of industrial hemp and products derived from  indus-
    10  trial  hemp  to  benefit  its  people  and to support New York farms and
    11  businesses to the full extent permitted by law.
    12    § 2. Subdivision 3 of section 136 of the agriculture and markets  law,
    13  as  amended  by  chapter  160 of the laws of 1983, is amended to read as
    14  follows:
    15    3. The terms "agricultural seeds" and "crop seeds" include  the  seeds
    16  of  grass,  forage,  cereal,  field  beans,  and  fiber crops, including
    17  "industrial hemp" as defined in section five hundred five of this  chap-
    18  ter,  or  any other kinds of seeds commonly recognized within this state
    19  as agricultural seeds, lawn seeds, and mixtures of such seeds.
    20    § 3. Subdivision 2 of section 301 of the agriculture and  markets  law
    21  is amended by adding a new paragraph l to read as follows:
    22    l.  Industrial  hemp  as  defined in section five hundred five of this
    23  chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12018-01-7
        A. 8509                             2
 
     1    § 4. The agriculture and markets  law  is  amended  by  adding  a  new
     2  section 510 to read as follows:
     3    §  510.  Industrial hemp seed certification program.  The commissioner
     4  shall establish an industrial hemp seed  certification  program  in  the
     5  department  to,  among  other  things,  set industrial hemp seed certif-
     6  ication standards and establish seed quality benchmarks to  ensure  that
     7  the  local  hemp cultivars are developed to be well adapted for New York
     8  state's climate and farm management practices and that they  are  stable
     9  with respect to the concentration of delta-9 tetrahydrocannabinol.
    10    §  5.  The  agriculture  and  markets  law  is amended by adding a new
    11  section 511 to read as follows:
    12    § 511. Industrial hemp data collection  and  best  farming  practices.
    13  The  department,  through  the  commissioner,  shall  have  the power to
    14  collect and publish data and research concerning,  among  other  things,
    15  the growth, cultivation, production and processing methods of industrial
    16  hemp  and  products  derived  from  industrial  hemp.  Based  upon  this
    17  collection of data and research, the  department  shall  work  with  the
    18  cornell  cooperative  extension  to  promote  best farming practices for
    19  industrial hemp which are compatible with state water quality and  other
    20  environmental objectives.
    21    §  6.  The  agriculture  and  markets  law  is amended by adding a new
    22  section 512 to read as follows:
    23    § 512. Industrial hemp economic development.  The  commissioner  shall
    24  consult  and  cooperate with the New York State urban development corpo-
    25  ration with respect to the funding and support  of  research  concerning
    26  industrial  hemp  and businesses involved in the processing and manufac-
    27  turing of industrial hemp products.
    28    § 7. The agriculture and markets  law  is  amended  by  adding  a  new
    29  section 513 to read as follows:
    30    § 513. Industrial hemp one-stop shop. The commissioner shall establish
    31  a  department  one-stop  shop hotline and webpage to provide information
    32  and technical assistance to producers and manufacturers with respect  to
    33  the  law  and  regulations  surrounding  industrial  hemp for so long as
    34  industrial hemp is subject to regulation  under  the  federal  or  state
    35  Controlled Substances Act.
    36    §  8.  The  agriculture  and  markets  law  is amended by adding a new
    37  section 514 to read as follows:
    38    § 514. Industrial hemp workgroup. The commissioner shall appoint a New
    39  York state industrial hemp workgroup, composed of  researchers,  produc-
    40  ers,  processors  and  manufacturers,  serving  two-year  terms, to make
    41  recommendations concerning  research  topics  for  the  industrial  hemp
    42  research  pilot  program,  state  and federal policies and policy initi-
    43  atives, and opportunities for the promotion and marketing of  industrial
    44  hemp  as  consistent with federal and state laws, rules and regulations,
    45  which workgroup shall continue for such time as the  commissioner  deems
    46  appropriate.
    47    § 9. This act shall take effect immediately.