New York Administrative Code

(a) The Department shall: (1) Generation 1 (G1) blocks. Visually inspect each plant at least twice during each growing season, and test each plant in a manner approved by the Department at least once each year to ascertain the presence of known viruses of concern, except that eac…

The registered holder shall notify the Department before the planting, replanting, grafting, budding, re-budding, or removal of plants from registered blocks before the commencement of such activities. The Department shall acknowledge this notification in writing prior to start o…

Compliance with the regulations in this Part shall not relieve failure to comply with any additional applicable international, federal, state, county, regional or local law or regulation.

As used in relation to the sale and analysis of commercial fertilizer and as used in this Part: (a) Definitions, terms and names shall be those set forth in article 10 of the Agriculture and Markets Law (hereinafter referred to as the “law”). Where no such definitions, terms or n…

(a) Other plant nutrients when mentioned in any form or manner shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the department upon request. Except guarantees for those water so…

In addition to the label requirements of section 145 of the law, the label of any specialty fertilizer shall conform to the following: (a) No specialty fertilizer bearing a label which indicates or implies the presence of a long lasting or slowly available plant nutrient shall be…

The annual licensing period as provided for by section 146 of the law shall be the calendar year. All licenses issued during each license period shall expire on December 31 of that year.

Any sampling and analysis as provided for by the law shall be in accordance with methods of sampling and analysis generally accepted in the scientific community. The methods of sampling and analysis set forth in the Official Method of Analysis of the Association of Official Analy…

(a) Any commercial fertilizer shall be deemed deficient if the analysis of any primary nutrient is below the guarantee by an amount exceeding the values in the following schedule: For guarantees not listed, the appropriate values shall be calculated by interpolation. (b) Any comm…

In accord with section 146-c of the law, each licensee who distributes commercial fertilizer in this State shall furnish the commissioner with a written report for the period January 1st through December 31st of each year indicating the tonnage distributed during that period on f…

For the purposes of this Part the following terms shall have the following meanings: (a) Ammonium nitrate means chiefly the ammonium salt of nitric acid. It shall not contain less than 33 percent nitrogen, one-half of which is the ammonium form and one-half of which is the nitrat…

(a) No person or entity in this State shall sell, offer for sale or otherwise make available ammonium nitrate or ammonium nitrate materials unless registered annually with the commissioner. Application for registration shall be made by completing and submitting the following form…

Ammonium nitrate and regulated ammonium nitrate materials, while at all facilities whose owners and/or operators are required to be registered, shall be secured to provide reasonable protection against vandalism, theft or other unauthorized access. Such measures shall include, bu…

(a) Persons and entities required to be registered shall make and maintain, for a minimum of two years, a record in the following format for every sale of ammonium nitrate and regulated ammonium nitrate materials: Acceptable forms of identification are a valid driver's license or…

(a) The total neutralizing value of agricultural liming materials, which is the neutralizing value of such materials expressed as calcium carbonate equivalence, shall be determined according to procedures 1.004, 1.005 and 1.006 of the Official Methods of Analysis of the Associati…

The fineness of agricultural liming materials shall be determined according to procedure 1.002 of the Official Methods of Analysis of the Association of Official Agricultural Chemists, 9th Edition, 1960, page one, or according to procedures of the American Society for Testing and…

Fineness shall be measured in reference to a 20-mesh and 100-mesh sieve only. The sieves used shall be full height, eight-inch diameter, of the United States standard sieve series; so-called Tyler sieves, as adopted by the American Society for Testing and Materials (see A.S.T.M. …

The sampling of agricultural liming materials shall be done according to procedure 1.001 of the Official Methods of Analysis of the Association of Official Agricultural Chemists, 9th Edition, 1960, page one.

The provisions of this Part shall apply to all growers of hemp in the State, regardless of whether such hemp is sold or distributed in the State.

(1) As currently authorized under Federal law as an acceptable testing methodology for commercial growers, the department or sampling agents certified by the department, shall collect samples from all lots of the unharvested hemp plants of all growers to test for acceptable hemp …

(1) The department, in its discretion, may conduct its regulatory testing at the department’s food laboratory or may authorize testing for the acceptable hemp THC level to be conducted, at the grower’s expense, at a laboratory approved by the department. (2) Growers shall be requ…

Commercial lots shall be subject to disposal or remediation when a sample tests over the acceptable hemp THC level based on regulatory sampling. (1) A grower shall dispose of and document the disposal of non-compliant hemp within five days of the delivery of notice of regulatory …

(a) A licensee shall create, maintain, and make available accurate records, in a form and at a location satisfactory to the commissioner, and which sets forth the following information: (1) a description of the registered premises where hemp is grown; (2) the name of the cultivar…

All growers shall report hemp crop acreage to the Farm Service Agency within 10 days of planting, and shall provide, at minimum, the following information: (1) street address and geospatial location for each lot or greenhouse where hemp will be produced. If a producer operates in…

Growers failing to adhere to the requirements set forth in this Part shall be subject to penalties and other enforcement action, including suspension and license termination, depending on the number and extent of the infractions or violations that have occurred. The failure to co…

(a) The department may issue a notice of suspension to a grower if the department or its agents receive credible evidence establishing that a grower has: (1) engaged in conduct violating a provision of this Part; or (2) failed to comply with a written direction from the commissio…

(1) No person shall sell hemp seeds in the State unless registered with the department. (2) Registrations are obtained by submitting a fully completed application on a form prepared by the department, providing, among other things, the following information: (i) if the applicant …

(a) The commissioner shall have full access to all premises, buildings, factories, farms, where activities regulated by article 29 of the Agriculture and Markets Law are licensed or occur, including vehicles, cars, boats, airplanes, vessels, containers, packages, barrels, boxes, …

For the purpose of this Part, the following terms shall have the following meanings: (a) Acceptable hemp THC level means when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis pro…

(a) No person shall grow, cultivate, or handle hemp in this State without obtaining either a valid commercial or research license issued by the department pursuant to this Part. (1) A commercial hemp license authorizes the growth, cultivation, and handling of hemp plants in the S…

(a) An applicant for a State issued license to grow hemp shall apply upon a form prepared by the department, which application shall require, at a minimum, the following information: (1) for individual applicants, the applicant’s full name, address, telephone number, and email ad…

It is the responsibility of the applicant to ensure that their proposed growing location(s) are compliant with local zoning requirements. (1) The growing of hemp in an area zoned as residential or in a residential dwelling is not permitted. (2) The department reserves the right t…

(a) The department shall issue commercial and research licenses. (1) All growers seeking a license to grow hemp for commercial sale or distribution shall apply for a commercial license. (2) All growers seeking to engage in hemp research, and that will not offer hemp for commercia…

(a) An application for the renewal of a license shall be provided by the department to the licensee at least 90 days prior to the expiration of the licensee’s current license, and must be completed and submitted to the department by the license holder at least 30 days before the …

(a) The commissioner may decline to grant an application for a license, may decline to renew or may revoke, suspend and/or impose conditions thereon, if he or she finds, after due notice and an opportunity to be heard, that the applicant or licensee: (1) is not qualified to prope…

(a) The department shall conduct, at a minimum, annual inspections of a random group of growers to ascertain whether, among other things, the grower’s hemp is produced in conformity with State law and this Part, and whether required reports, records and documentation are properly…

This Part has been promulgated to allow producers of farm or forest products, grown, harvested, raised and bred in New York and processors and/or manufacturers of farm and forest products manufactured in New York using farm and forest products predominantly grown, harvested or ra…

For the purpose of this Part, the following terms shall have the following meanings: (a) Environmentally responsible manner means participation in: (1) the Agricultural Environmental Management Program, administered by the Department of Agriculture and Markets (AEM Program), with…

(a) New York State Grown and Certified is a voluntary program open to: (1) producers of farm products; (2) processors and/or manufacturers of food products manufactured in New York, including wine, spirits, beer and cider, using farm products of New York State Grown and Certified…

(a) Individuals or entities that grow, produce, raise or harvest farm products in New York and individuals or entities that process or manufacture farm products in New York predominately from farm products grown, produced, raised or harvested in the State may use the New York Sta…

A producer, processor and/or manufacturer of farm or forest products or a breeder of horses born and bred in New York may apply to the commissioner for permission to place the seal on or upon a label, labeling, package, or container of, or on or upon an advertisement or display p…

The commissioner may grant an application for permission for the seal to be placed on a label or labeling of, or upon an advertisement or display promoting, a qualifying product, after finding the applicant is qualified to participate in this program pursuant to the terms of this…

A producer, processor and/or manufacturer granted permission to use the seal shall: (a) use it on articles or other publicity materials solely for the purpose of referring to the New York State Grown and Certified Program; (b) use it to support the New York State Grown and Certif…

(a) The official brand or trademark to be used on labels and on packages and containers to identify New York State farm products and New York State-produced or landed aquatic products shall be the “Seal of Quality”, as more fully described in subdivision (b) of this section. Such…

New York State Seal of Quality celery shall be stalks of celery of similar varietal characteristics which are well developed, well formed, clean, well trimmed, compact; free from blackheart, brown stem, soft rot and doubles. The celery is also free from damage caused by freezing,…

New York State Seal of Quality grade of cheddar, washed curd or colby cheese, shall be according to the degree of curing on the basis of rating (A) flavor, (B) body and texture, (C) color, (D) finish and appearance. The rating of each quality factor shall be established on the ba…

New York State Seal of Quality mozzarella cheese must be made using only New York State milk and must meet the fat and moisture standards as set forth in 1 NYCRR Part 17, section 17.67 for whole milk mozzarella, section 17.68 for part skim mozzarella, section 17.69 for low moistu…