Title PBH, Public Health

§ 3388. Seizure and forfeiture of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport controlled substances. 1. Except as authorized in this article, it shall be unlawful to: (a) transport, carry, or convey any controlled substance in, upon, or by means…

§ 3390. Revocation of licenses and certificates of approval. Any license or certificate of approval granted pursuant to this article may be revoked by the commissioner in whole or in part upon a finding that the licensee or certificate holder has: 1. falsified any application, r…

§ 3391. Revocation and suspension of license or certificate of approval procedure. 1. A proceeding to revoke a license or certificate of approval shall be commenced by a notice served personally or by registered or certified mail upon the licensee or holder of a certificate of a…

§ 3393. Formal hearings procedure. 1. The commissioner or any person designated by him for this purpose, shall have the power to administer oaths, compel the attendance of witnesses and the production of books, records and documents and to take proof and testimony concerning all…

§ 3394. Judicial review. 1. All orders or determinations hereunder shall be subject to judicial review as provided in article seventy-eight of the civil practice law and rules. In any such proceeding findings of fact made by the commissioner, if supported by substantial evidence…

§ 3396. Violations; penalties. 1. In any civil, criminal or administrative action or proceeding brought for the enforcement of any provision of this article, it shall not be necessary to negate or disprove any exception, excuse, proviso or exemption contained in this article, an…

§ 3397. Fraud and deceit. 1. No person shall: (a) obtain or attempt to obtain a controlled substance, a prescription for a controlled substance or an official New York State prescription form, (i) by fraud, deceit, misrepresentation or subterfuge; or (ii) by the concealment of a…

* § 3398. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly requires otherwise: 1. "Cannabinoid" means the phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in…

* § 3398-a. Rulemaking authority. The commissioner may make regulations pursuant to this article for the processing, distribution, marketing, transportation and sale of cannabinoid hemp and hemp extracts used for human consumption, which may include, but not be limited to: 1. Sp…

* § 3398-b. Cannabinoid hemp processor license. 1. Persons processing cannabinoid hemp or hemp extract used for human consumption, whether in intermediate or final form, shall be required to obtain a cannabinoid hemp processor license from the department. 2. A cannabinoid hemp p…

* § 3398-c. Cannabinoid hemp retailer license. 1. Retailers selling cannabinoid hemp, in final form to consumers within the state, shall be required to obtain a cannabinoid hemp retailer license from the department. 2. The commissioner shall have the authority to set reasonable …

* § 3398-d. Cannabinoid license applications. 1. Persons shall apply for a license under this article by submitting an application upon a form supplied by the department, providing all the relevant requested information, verified by the applicant or an authorized representative …

* § 3398-e. Information to be requested in applications for licenses. 1. The commissioner may specify the manner and form in which an application shall be submitted to the department for licensure under this article. 2. The commissioner may adopt regulations establishing what re…

* § 3398-f. Fees. The department may charge licensees a reasonable license fee. Such fee may be based on the activities permitted by the license, the amount of cannabinoid hemp or hemp extract to be processed or extracted by the licensee, the gross annual receipts of the license…

* § 3398-g. Selection criteria. 1. The applicant, if an individual or individuals, shall furnish evidence of the individual's good moral character, and if an entity, the applicant shall furnish evidence of the good moral character of the individuals who have or will have substan…

* § 3398-h. License renewal. 1. Each license, issued pursuant to this article, may be renewed upon application therefor by the licensee and the payment of the reasonable fee for such license as specified by this article. 2. In the case of applications for renewals, the departmen…

* § 3398-i. Form of license. Licenses issued pursuant to this article shall specify: 1. The name and address of the licensee; 2. The activities permitted by the license; 3. The land, buildings and facilities that may be used for the licensed activities of the licensee; 4. A uniq…

* § 3398-j. Transferability; amendment to license; change in ownership or control. 1. Licenses issued under this article are not transferable, absent written consent of the commissioner. 2. Upon application of a licensee, a license may be amended to add or delete permitted activ…

* § 3398-k. Granting, suspending or revoking licenses. After due notice and an opportunity to be heard, established by rules and regulations, the commissioner may decline to grant a new license, impose conditions or limits with respect to the grant of a license, modify an existi…

* § 3398-l. Record keeping and tracking. Every licensee shall keep, in such form as the commissioner may direct, such relevant records as may be required pursuant to regulations under this article. * NB Repealed 6 months after the full cannabis control board created by Article 2…

* § 3398-m. Packaging and labeling of cannabinoid hemp and hemp extract. 1. Cannabinoid hemp processors shall be required to provide appropriate label warning to consumers, and restricted from making unapproved label claims, as determined by the department, concerning the potent…

* § 3398-n. Processing of cannabinoid hemp and hemp extract. 1. No processor shall sell or agree to sell or deliver in the state any cannabinoid hemp, hemp extract or product derived therefrom, used for human consumption, except in sealed containers containing quantities in acco…

* § 3398-o. Laboratory testing. Every cannabinoid hemp processor shall contract with an independent commercial laboratory to test the hemp extract and products produced by the licensed processor. The commissioner shall establish the necessary qualifications or certifications req…

* § 3398-p. New York hemp product. The commissioner may establish and adopt official grades and standards for cannabinoid hemp, hemp extract and products derived therefrom, as he or she may deem advisable, which are produced for sale in this state and, from time to time, may ame…

* § 3398-q. Penalties. Notwithstanding the provision of any law to the contrary, the failure to comply with a requirement of this article, or a regulation thereunder, may be punishable by a civil penalty of not more than one thousand dollars for a first violation; not more than …

* § 3398-r. Hemp workgroup. The commissioner, in consultation with the commissioner of the department of agriculture and markets, may appoint a New York state hemp and hemp extract workgroup, composed of growers, researchers, producers, processors, manufacturers and trade associ…

* § 3398-s. Prohibitions. 1. Except as authorized by the United States food and drug administration, the processing of cannabinoid hemp or hemp extract used for human consumption is prohibited within the state unless the processor is licensed under this article. 2. Cannabinoid h…

* § 3398-t. Special use permits. The commissioner shall have the authority to issue temporary permits for carrying on any activity related to cannabinoid hemp, hemp extract and products derived therefrom, licensed under this article. The commissioner may set reasonable fees for …

* § 3398-u. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or appl…

§ 34. Transfer of employees. Upon the transfer of the medical assistance program audit and fraud and abuse prevention functions from the department and the offices of mental health, alcoholism and substance abuse services, temporary disability assistance, and children and family…

§ 340. County or part-county health districts; establishment. 1. (a) The board of supervisors of any county, with the approval of the commissioner shall have power to establish a county or part-county health district and in such event shall appoint a board of health for such cou…

§ 3400. Funeral directing; definitions. As used in this article, unless otherwise stated, the following terms shall have the respective meanings hereinafter set forth or indicated: (a) "Funeral director" means a person to whom a valid license as such has been duly issued. (b) "U…

§ 3401. Funeral directing; powers and duties of commissioner. 1. The commissioner may, from time to time, make and adopt such rules and regulations not inconsistent with law as may be necessary (a) in the performance of his duties and in the administration of the provisions of t…

§ 3402. Funeral directing advisory board. 1. There shall be in the department a funeral directing advisory board consisting of ten members who shall be appointed by the commissioner of health of whom three shall be representatives of consumer interests, having no pecuniary inter…

§ 3403. Funeral directing; fees; fines; penalties; dispositions. 1. All fees, fines, penalties and other moneys derived from the operation of this article or rules promulgated pursuant thereto shall be paid to the department and on the fifth day of each month shall be paid by th…

§ 3404. Construction; inconsistent provisions of other laws. The provisions of this article shall supersede any inconsistent provisions of any general, special, or local law.

§ 341. County or part-county health districts; local health districts within; villages in two counties. 1. Local health districts within the area of any county or part-county health district shall continue to exist as subdivisions of such health district, and the local boards of…

§ 342. County or part-county health districts; withdrawal of a city. 1. The governing authorities of any city which has consented to be included in a county or part-county health district, may, at any time after three years shall have elapsed since such city has been included in…

§ 3420. Funeral directing; license to practice required; exceptions. 1. No person shall engage in the business or practice of funeral directing, undertaking, or embalming or transact or hold himself out as transacting or practicing or as being entitled to transact or practice fu…

§ 3421. Funeral directing; requirements for license to practice. 1. In\norder to be licensed, an applicant for licensure shall pass a funeral\ndirecting examination prepared or approved by the department to\ndetermine his knowledge and fitness therefor, as required by this\narti…

§ 3422. Funeral directing; licensing examinations; content; procedure. 1. The commissioner shall determine the subjects of examination of applicants for license to practice funeral directing, undertaking or embalming, and the scope, content and character, of such examinations wh…

§ 3423. Funeral directing; undertakers and embalmers; requirements for\nlicense to practice; examinations. 1. The department shall continue to\nhold re-examinations as may be necessary, as provided by former article\nfourteen of the public health law, as amended, and the rules a…

§ 3424. Funeral directing; reports by trainees, employees and schools. 1. Each trainee and the employer and funeral director school shall: (a) maintain and file such periodic records and reports as the department shall require; and (b) notify the department promptly of any chang…

§ 3425. Funeral directing; schools; approval. 1. Any school for funeral directors may apply to the commissioner for the issuance of a certificate of approval as maintaining a satisfactory standard, so that students desiring to engage in the business or practice of funeral direct…

§ 3426. Funeral directing; licensing reciprocity with other states. The commissioner, in his or her discretion, and otherwise subject to the provisions of this article and the rules of the department promulgated thereunder prescribing the qualifications for funeral director lice…

§ 3427. Funeral directing; issuance of duplicate licenses. Upon receipt of satisfactory evidence that a license or certificate has been lost, mutilated or destroyed, the department may issue a duplicate license or certificate upon such terms and conditions as the commissioner sh…

§ 3428. Funeral directing; registration of licenses; fees. 1. (a) Every person who, within the state, practices as a funeral director, undertaker or embalmer and every person, partnership or corporation who or which owns or operates within the state a funeral firm as herein defi…

§ 3429. Continuing education for funeral directors. 1. Definitions. As used in this section: (a) "Biennium" means any two-year period for registration of individuals licensed to practice funeral directing or embalming in this state pursuant to section three thousand four hundred…

§ 343. County or part-county boards of health; organization; appointment. 1. The board of health of a county or part-county health district shall consist of seven members, one of whom shall be a member of the board of supervisors, selected by the board of supervisors, and at lea…

§ 344. County or part-county boards of health; terms of office; vacancies. 1. The term of office of each appointive member of the board of health of a county or part-county health district, including the additional city representative members shall be six years, and the term of …