The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8509

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Declaration of legislative findings and intent. It is here-
by found and declared that industrial hemp is an agricultural commodity,
the domestic cultivation of which has the potential not only to generate
new jobs in agriculture and enhance the profitability of New York farms,
but to expand opportunities for processors and manufacturers producing a
wide array of traditional and new products using industrial hemp.
  It is the declared policy of the state to become a leader in encourag-
ing and supporting research into the growth, cultivation, uses, process-
ing and development of industrial hemp and products derived from  indus-
trial  hemp  to  benefit  its  people  and to support New York farms and
businesses to the full extent permitted by law.
  § 2. Subdivision 3 of section 136 of the agriculture and markets  law,
as  amended  by  chapter  160 of the laws of 1983, is amended to read as
follows:
  3. The terms "agricultural seeds" and "crop seeds" include  the  seeds
of  grass,  forage,  cereal,  field  beans,  and  fiber crops, INCLUDING
"INDUSTRIAL HEMP" AS DEFINED IN SECTION FIVE HUNDRED FIVE OF THIS  CHAP-
TER,  or  any other kinds of seeds commonly recognized within this state
as agricultural seeds, lawn seeds, and mixtures of such seeds.
  § 3. Subdivision 2 of section 301 of the agriculture and  markets  law
is amended by adding a new paragraph l to read as follows:
  L.  INDUSTRIAL  HEMP  AS  DEFINED IN SECTION FIVE HUNDRED FIVE OF THIS
CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD12018-01-7

A. 8509                             2

  § 4. The agriculture and markets  law  is  amended  by  adding  a  new
section 510 to read as follows:
  §  510.  INDUSTRIAL HEMP SEED CERTIFICATION PROGRAM.  THE COMMISSIONER
SHALL ESTABLISH AN INDUSTRIAL HEMP SEED  CERTIFICATION  PROGRAM  IN  THE
DEPARTMENT  TO,  AMONG  OTHER  THINGS,  SET INDUSTRIAL HEMP SEED CERTIF-
ICATION STANDARDS AND ESTABLISH SEED QUALITY BENCHMARKS TO  ENSURE  THAT
THE  LOCAL  HEMP CULTIVARS ARE DEVELOPED TO BE WELL ADAPTED FOR NEW YORK
STATE'S CLIMATE AND FARM MANAGEMENT PRACTICES AND THAT THEY  ARE  STABLE
WITH RESPECT TO THE CONCENTRATION OF DELTA-9 TETRAHYDROCANNABINOL.
  §  5.  The  agriculture  and  markets  law  is amended by adding a new
section 511 to read as follows:
  § 511. INDUSTRIAL HEMP DATA COLLECTION  AND  BEST  FARMING  PRACTICES.
THE  DEPARTMENT,  THROUGH  THE  COMMISSIONER,  SHALL  HAVE  THE POWER TO
COLLECT AND PUBLISH DATA AND RESEARCH CONCERNING,  AMONG  OTHER  THINGS,
THE GROWTH, CULTIVATION, PRODUCTION AND PROCESSING METHODS OF INDUSTRIAL
HEMP  AND  PRODUCTS  DERIVED  FROM  INDUSTRIAL  HEMP.  BASED  UPON  THIS
COLLECTION OF DATA AND RESEARCH, THE  DEPARTMENT  SHALL  WORK  WITH  THE
CORNELL  COOPERATIVE  EXTENSION  TO  PROMOTE  BEST FARMING PRACTICES FOR
INDUSTRIAL HEMP WHICH ARE COMPATIBLE WITH STATE WATER QUALITY AND  OTHER
ENVIRONMENTAL OBJECTIVES.
  §  6.  The  agriculture  and  markets  law  is amended by adding a new
section 512 to read as follows:
  § 512. INDUSTRIAL HEMP ECONOMIC DEVELOPMENT.  THE  COMMISSIONER  SHALL
CONSULT  AND  COOPERATE WITH THE NEW YORK STATE URBAN DEVELOPMENT CORPO-
RATION WITH RESPECT TO THE FUNDING AND SUPPORT  OF  RESEARCH  CONCERNING
INDUSTRIAL  HEMP  AND BUSINESSES INVOLVED IN THE PROCESSING AND MANUFAC-
TURING OF INDUSTRIAL HEMP PRODUCTS.
  § 7. The agriculture and markets  law  is  amended  by  adding  a  new
section 513 to read as follows:
  § 513. INDUSTRIAL HEMP ONE-STOP SHOP. THE COMMISSIONER SHALL ESTABLISH
A  DEPARTMENT  ONE-STOP  SHOP HOTLINE AND WEBPAGE TO PROVIDE INFORMATION
AND TECHNICAL ASSISTANCE TO PRODUCERS AND MANUFACTURERS WITH RESPECT  TO
THE  LAW  AND  REGULATIONS  SURROUNDING  INDUSTRIAL  HEMP FOR SO LONG AS
INDUSTRIAL HEMP IS SUBJECT TO REGULATION  UNDER  THE  FEDERAL  OR  STATE
CONTROLLED SUBSTANCES ACT.
  §  8.  The  agriculture  and  markets  law  is amended by adding a new
section 514 to read as follows:
  § 514. INDUSTRIAL HEMP WORKGROUP. THE COMMISSIONER SHALL APPOINT A NEW
YORK STATE INDUSTRIAL HEMP WORKGROUP, COMPOSED OF  RESEARCHERS,  PRODUC-
ERS,  PROCESSORS  AND  MANUFACTURERS,  SERVING  TWO-YEAR  TERMS, TO MAKE
RECOMMENDATIONS CONCERNING  RESEARCH  TOPICS  FOR  THE  INDUSTRIAL  HEMP
RESEARCH  PILOT  PROGRAM,  STATE  AND FEDERAL POLICIES AND POLICY INITI-
ATIVES, AND OPPORTUNITIES FOR THE PROMOTION AND MARKETING OF  INDUSTRIAL
HEMP  AS  CONSISTENT WITH FEDERAL AND STATE LAWS, RULES AND REGULATIONS,
WHICH WORKGROUP SHALL CONTINUE FOR SUCH TIME AS THE  COMMISSIONER  DEEMS
APPROPRIATE.
  § 9. This act shall take effect immediately.