reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-A - Rulemaking Authority.

* § 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.    Specifying    forms,    establishing   application,   reasonable
  administration and renewal fees, or license duration;
2. Establishing the qualifications  and  criteria  for  licensing,  as
  authorized by law;
3. The books and records to be created and maintained by licensees and
  lawful procedures for their inspection;
4. Any reporting requirements;
5.  Methods  and  standards  of  processing,  labeling,  packaging and
  marketing  of  cannabinoid  hemp,  hemp  extract  and  products  derived
  therefrom;
6.  Procedures  for how cannabinoid hemp, hemp extract or ingredients,
  additives, or products derived therefrom can be deemed as acceptable for
  sale in the state;
7.  Provisions  governing  the  modes  and  forms  of  administration,
  including inhalation;
8.  Procedures  for determining whether cannabinoid hemp, hemp extract
  or  ingredients,  additives,  or  products  derived  therefrom  produced
  outside   the   state  or  within  the  state  meet  the  standards  and
  requirements of this article and can therefore be sold within the state;
9. Procedures for the granting, cancellation, revocation or suspension
  of licenses, consistent with the state administrative procedures act;
10.  Restrictions  governing  the   advertising   and   marketing   of
  cannabinoid hemp, hemp extract and products derived therefrom; and
11. Any other regulations necessary to implement this article.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-B - Cannabinoid Hemp Processor License.

* § 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  processor  license  authorizes  one  or  more
  specific  activities  related to the processing of cannabinoid hemp into
  products used for human consumption, whether in  intermediate  or  final
  form,  and  the  distribution  or  sale thereof by the licensee. Nothing
  herein shall prevent  a  cannabinoid  hemp  processor  from  processing,
  extracting  and  processing  hemp  products  not  to  be  used for human
  consumption.
3. Persons authorized to grow hemp pursuant to article twenty-nine  of
  the  agriculture  and  markets  law  are  not  authorized  to  engage in
  processing of cannabinoid hemp  or  hemp  extract  without  first  being
  licensed as a cannabinoid hemp processor under this article.
4.  This  article  shall  not  apply  to  hemp, cannabinoid hemp, hemp
  extracts or products derived therefrom  that  are  not  used  for  human
  consumption.    This  article  also shall not apply to hemp, cannabinoid
  hemp, hemp extracts or products derived therefrom that have been  deemed
  generally recognized as safe pursuant to federal law.
5.  The  commissioner  shall have the authority to set reasonable fees
  for such license, to limit the activities permitted by such license,  to
  establish  the  period  during  which  such license is authorized, which
  shall be two years or more, and to make rules and regulations  necessary
  to implement this section.
6.  Any  person  holding an active research partnership agreement with
  the department of agriculture and markets, authorizing  that  person  to
  process cannabinoid hemp, shall be awarded licensure under this section,
  provided  that  the  research  partner  is  actively performing research
  pursuant to such agreement and is able to  demonstrate  compliance  with
  this  article,  as  determined  by  the  department, after notice and an
  opportunity to be heard.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-C - Cannabinoid Hemp Retailer License.

* § 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  fees
  for  such  license, to establish the period during which such license is
  authorized, which shall be one year or  more,  and  to  make  rules  and
  regulations necessary to implement this section.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-D - Cannabinoid License Applications.

* § 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
  of the applicant.
2.  A  separate  license  shall be required for each facility at which
  processing or retail sales are  conducted;  however,  an  applicant  may
  submit one application for separate licensure at multiple locations.
3.  Each  applicant  shall remit with its application the fee for each
  requested license, which shall be a reasonable fee.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-E - Information to Be Requested in Applications or Licenses.

* § 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  relevant
  information shall be included on an application for licensure under this
  article.   Such   information  may  include,  but  is  not  limited  to:
  information about the applicant's  identity;  ownership  and  investment
  information,  including  the corporate structure; evidence of good moral
  character; financial statements; information about the  premises  to  be
  licensed; information about the activities to be licensed; and any other
  relevant information specified in regulation.
3.  All  license  applications  shall be signed by the applicant if an
  individual, by a managing partner if a limited liability company, by  an
  officer  if  a  corporation,  or  by all partners if a partnership. Each
  person signing such application  shall  verify  it  as  true  under  the
  penalties of perjury.
4.  All license applications shall be accompanied by a check, draft or
  other forms of payment as the department may require or authorize in the
  reasonable amount required by this article for such license.
5. If there be any change, after the filing of the application or  the
  granting,  modification  or renewal of a license, in any of the material
  facts required to be set  forth  in  such  application,  a  supplemental
  statement  giving  notice  of such change, duly verified, shall be filed
  with the department within ten days after such change. Failure to do so,
  if willful and deliberate, may be grounds for revocation of the license.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-F - Fees.

* § 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  licensee
  for  the previous license period, or any other factors reasonably deemed
  appropriate by the department.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-G - Selection Criteria.

* § 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
  substantial responsibility for the licensed or authorized  activity  and
  those  in  control  of  the  entity,  including principals, officers, or
  others with such control.
2. The applicant shall furnish evidence of the applicant's  experience
  and  competency,  and  that  the  applicant  has  or  will have adequate
  facilities, equipment, process controls, and security to undertake those
  activities for which licensure is sought.
3. The applicant shall furnish evidence of his, her or its ability  to
  comply with all applicable state and local laws, rules and regulations.
4.  If  the commissioner is not satisfied that the applicant should be
  issued a license, the commissioner shall notify the applicant in writing
  of the specific reason or reasons for denial.
5. No license pursuant to this article may be issued to an  individual
  under the age of eighteen years.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-H - License Renewal.

* § 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  department  may
  dispense   with   the  requirements  of  such  statements  as  it  deems
  unnecessary in view of those contained in the application made  for  the
  original license.
3.  The  department  shall  provide  an application for renewal of any
  license issued under this article not less than ninety days prior to the
  expiration of the current license.
4. The department may only issue a renewal license upon receipt of the
  specified renewal application and renewal fee from  a  licensee  if,  in
  addition  to  the  selection  criteria  set  out  in  this  article, the
  licensee's license is not under suspension and has not been revoked.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-I - Form of License.

* § 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  unique license number issued by the department to the licensee;
  and
5. Such other information as the commissioner shall deem necessary  to
  assure compliance with this chapter.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-J - Transferability; Amendment to License; Change in Ownership or Control.

* § 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 activities.
3.  A  license shall become void by a change in ownership, substantial
  corporate change or change of location without prior written approval of
  the commissioner. The commissioner may  make  regulations  allowing  for
  certain types of changes in ownership without the need for prior written
  approval.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-K - Granting, Suspending or Revoking Licenses.

* § 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
  existing license or decline to renew  a  license,  and  may  suspend  or
  revoke  a license already granted after due notice and an opportunity to
  be  heard,  as  established  by  rules  and  regulations,  whenever  the
  commissioner finds that:
1. A material statement contained in an application is or was false or
  misleading;
2.  The applicant or licensee, or a person in a position of management
  and control thereof or of the licensed  activity,  does  not  have  good
  moral   character,   necessary   experience   or   competency,  adequate
  facilities,  equipment,  process  controls,  or  security  to   process,
  distribute, transport or sell cannabinoid hemp, hemp extract or products
  derived therefrom;
3. After appropriate notice and opportunity, the applicant or licensee
  has  failed or refused to produce any records or provide any information
  required  by  this  article  or  the  regulations  promulgated  pursuant
  thereto;
4.  The  licensee has conducted activities outside of those activities
  permitted on its license; or
5. The applicant or licensee, or any officer,  director,  partner,  or
  any  other  person  exercising  any  position  of  management or control
  thereof or of the licensed activity has willfully failed to comply  with
  any  of the provisions of this article or regulations under it and other
  laws of this state applicable to the licensed activity.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-L - Record Keeping and Tracking.

* § 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 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-M - Packaging and Labeling of Cannabinoid Hemp and Hemp Extract.

* § 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
  potential impact on or benefit to human health resulting from the use of
  cannabinoid hemp, hemp extract and products derived therefrom for  human
  consumption,  which labels shall be affixed to those products when sold,
  pursuant to rules and regulations that the department may adopt.
2. The department may, by rules and regulations, require processors to
  establish a code, including, but not limited to QR code, for labels  and
  establish  methods  and  procedures for determining, among other things,
  serving sizes or dosages for cannabinoid hemp, hemp extract and products
  derived therefrom, active cannabinoid concentration  per  serving  size,
  number  of  servings  per  container,  and  the growing region, state or
  country of origin  if  not  from  the  United  States.  Such  rules  and
  regulations may require an appropriate fact panel that incorporates data
  regarding serving sizes and potency thereof.
3.  The  packaging,  sale,  or  possession  of  products  derived from
  cannabinoid hemp or hemp extract used for human consumption not  labeled
  or  offered  in  conformity with regulations under this section shall be
  grounds for the seizure or quarantine of the product, the imposition  of
  a  civil  penalty  against  a processor or retailer, and the suspension,
  revocation or  cancellation  of  a  license,  in  accordance  with  this
  article.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-N - Processing of Cannabinoid Hemp and Hemp Extract.

* § 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
  accordance  with  size  standards  pursuant  to  rules  adopted  by  the
  commissioner. Such containers shall have affixed thereto such labels  as
  may be required by the rules of the department.
2.  Processors  shall  take  such  steps  necessary to ensure that the
  cannabinoid hemp or hemp extract used in their processing operation  has
  only been grown with pesticides that are registered by the department of
  environmental  conservation  or that specifically meet the United States
  environmental protection  agency  registration  exemption  criteria  for
  minimum  risk, used in compliance with rules, regulations, standards and
  guidelines issued by the department of  environmental  conservation  for
  pesticides.
3.  All  cannabinoid hemp, hemp extract and products derived therefrom
  used  for  human  consumption  shall  be  extracted  and  processed   in
  accordance  with  good  manufacturing  processes pursuant to Part 117 or
  Part 111 of title 21 of the code  of  federal  regulations,  as  may  be
  defined,  modified  and  decided  upon  by  the commissioner in rules or
  regulations.
4. As necessary to protect human health, the department shall have the
  authority to: (a) regulate and prohibit specific ingredients, excipients
  or methods  used  in  processing  cannabinoid  hemp,  hemp  extract  and
  products  derived  therefrom;  and  (b)  prohibit,  or  expressly allow,
  certain products or product classes derived  from  cannabinoid  hemp  or
  hemp extract, to be processed.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-O - Laboratory Testing.

* § 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 required for such laboratories  used  by  licensees.  The
  commissioner  is  authorized  to  issue rules and regulations consistent
  with this article establishing the testing required,  the  reporting  of
  testing  results  and  the  form  for  reporting such laboratory testing
  results. The department has authority to require licensees to submit any
  cannabinoid hemp, hemp extract or product derived  therefrom,  processed
  or  offered  for  sale  within the state, for testing by the department.
  This section shall not obligate the department, in any way,  to  perform
  any  testing  on hemp, cannabinoid hemp, hemp extract or product derived
  therefrom.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-P - New York Hemp Product.

* § 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 amend or
  modify such grades and standards.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-Q - Penalties.

* § 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  five
  thousand dollars for a second violation within three years; and not more
  than  ten  thousand  dollars  for  a third violation and each subsequent
  violation thereafter, within three years.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-R - Hemp Workgroup.

* § 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
  associations,  to  make  recommendations  for  the  industrial  hemp and
  cannabinoid  hemp  programs,  state  and  federal  policies  and  policy
  initiatives,  and  opportunities  for  the  promotion  and  marketing of
  cannabinoid hemp and hemp extract as consistent with federal  and  state
  laws, rules and regulations.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-S - Prohibitions.

* § 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  hemp and hemp extracts used for human consumption and
  grown or processed outside the state shall not be distributed or sold at
  retail within the state, unless they meet all standards established  for
  cannabinoid hemp under state law and regulations.
3.  The  retail  sale  of cannabinoid hemp is prohibited in this state
  unless the retailer is licensed under this article.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-T - Special Use Permits.

* § 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 such permits, to establish the periods during which
  such permits are valid, and to make rules and regulations  to  implement
  this section.
* NB  Repealed  6 months after the full cannabis control board created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract › 3398-U - Severability.

* § 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
  application, and to this end the provisions of this article are declared
  to be severable.
* NB Repealed 6 months after the full cannabis control  board  created
  by Article 2 of the cannabis law has been appointed
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 1 - General Provisions › 3401 - Funeral Directing; Powers and Duties of Commissioner.

§  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
this article; and (b) to govern and regulate the conduct and transaction
of the business and  practice  of  funeral  directing,  undertaking  and
embalming.
2. The commissioner shall:
(a)  ascertain what constitutes the best tests for determining whether
life is extinct, and shall prescribe the application of such  tests,  as
he may deem necessary;
(b)  investigate  all  alleged  violations of law and of all rules and
regulations relating to funeral directing, undertaking, and embalming;
(c) appoint such personnel as he may deem necessary, who,  subject  to
the  supervision,  direction,  and  control  of  the commissioner, shall
exercise the powers and perform the duties of the department and  advise
the commissioner under this article.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 1 - General Provisions › 3403 - Funeral Directing; Fees; Fines; Penalties; Dispositions.

§  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  the
department to the state treasury.
2.  Moneys  received  pursuant  to this article may be refunded to the
applicant on proof satisfactory to the commissioner that:
(a) such moneys were in excess of the amounts required by law;
(b) examination for which application has been made and for which  fee
has been paid was denied;
(c)  the  individual,  corporation,  or  association which applied for
registration or license has ceased business prior to commencement of the
period of such registration or license because of death, dissolution, or
removal from the state.
3. (a) All licensing and registration fees collected pursuant to  this
article shall be deposited into the miscellaneous special revenue fund -
339, the funeral directing program account, which is hereby established.
(b) Monies available in the funeral directing program account shall be
used  to  support  the  department's  activities  relating  to  ensuring
compliance with the provisions of this chapter as  they  relate  to  the
practice of funeral directing.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3420 - Funeral Directing; License to Practice Required; Exceptions.

§  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
funeral  directing,  undertaking  or embalming in this state unless duly
licensed according to law, and registered under the provisions  of  this
article,  except  that  nothing in this article contained shall prohibit
embalming:
(a) by commissioned medical officers in the armed forces of the United
States or in the United States public health  service  while  on  active
duty in the respective service; or,
(b)  by  any  one actually serving as a member of the resident medical
staff of any legally incorporated hospital; or,
(c) by any person duly licensed to practice as a physician or  surgeon
in this state.
2.  A  person who holds a license as a funeral director, undertaker or
embalmer, as defined herein, and is registered as required herein, shall
be entitled to practice as defined and limited by the provisions of  the
law  at the time the license was issued, except as otherwise provided by
this article.
3. Notwithstanding the  foregoing  provisions  of  this  section,  the
commissioner  may in his discretion enter into an agreement with another
state of the United States or a province  of  the  Dominion  of  Canada,
pursuant  to which agreement any person, duly licensed and registered as
a funeral director, undertaker or the equivalent thereof by and in  such
other state or province, may enter into this state for the sole purposes
of  removing  to  such  other  state  or  province  dead  human  bodies,
supervising the delivery to or removal from a  common  carrier  of  such
bodies, or burying, cremating, or supervising funeral services over dead
human  bodies  brought  from such other state or province as though such
person were duly licensed and registered by and  in  this  state  except
that  such person shall not maintain an establishment, advertise or hold
himself out directly or through any agent or agency or  otherwise  as  a
funeral director, undertaker or the equivalent thereof other than in the
state or province in which he is registered and licensed.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3421 - Funeral Directing; Requirements for License to Practice.

§ 3421. Funeral directing; requirements for license to practice. 1. In
order  to  be  licensed, an applicant for licensure shall pass a funeral
directing  examination  prepared  or  approved  by  the  department   to
determine  his  knowledge  and  fitness  therefor,  as  required by this
article. No person shall be permitted to enter funeral director  school,
apply  for  a  funeral  directing  examination  or  apply  for a funeral
directing license without  submitting  to  the  department  satisfactory
evidence of good moral character.
2. Except as provided in subdivision three, the department shall admit
to examination any applicant who pays a fee of forty dollars and submits
evidence  subscribed and affirmed as true under the penalties of perjury
and satisfactory to the department that the applicant:
(a) is a citizen  of  the  United  States  or  a  noncitizen  lawfully
admitted for permanent residence in the United States;
(b) has satisfactorily completed a course of collegiate level study in
funeral  service,  the  curriculum  of  which  has  been approved by the
department, consisting of not less than ninety quarter credits or  sixty
semester  credits  in  an  institution  or  institutions approved by the
department or an accrediting agency recognized by the department;
(c) has upon entering an approved institution as herein  provided  for
the  purpose  of  beginning  his  funeral service study, registered as a
student  with  the  department  upon  a  form  to  be  provided  by  the
department,  and  has paid to the department a registration fee of fifty
dollars.
3. Delay in registering  as  a  student  as  herein  required  may  be
excused, in the discretion of the commissioner.
4.  The department shall issue a license to practice funeral directing
to an  applicant  for  such  license  on  the  basis  of  the  following
procedures:
(a)  who  shall  have  successfully  passed  the examination as herein
provided in subdivision one of this section, and
(b) who pays a fee of one hundred twenty-five dollars, and
(c) who, after having passed  such  examination,  serves  a  one  year
period  as  a  registered  resident  in  a  manner  satisfactory  to the
department, and
(d) who, has passed a second examination after or during  the  serving
of  a  one  year  period  as a registered resident. The said examination
shall be on the New York state laws, rules and regulations  relating  to
funeral directing and shall be prepared or approved by the department of
health.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3422 - Funeral Directing; Licensing Examinations; Content; Procedure.

§ 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
  which in any examination shall be the same for all candidates.
2. Examinations shall be held twice in each year.
3. A candidate who fails to attain a  passing  grade  on  his  or  her
  licensing examination is entitled to a maximum of three re-examinations;
  provided,  however,  that  if  such  candidate fails to attain a passing
  grade within three years after completion of his or her training, he  or
  she  must  requalify  in  accordance  with  the provisions of the public
  health law and rules and regulations promulgated thereunder existing and
  in force  as  of  the  date  of  subsequent  application  for  licensing
  examination,  except  that a satisfactorily completed required course of
  study need not be recompleted.  A  candidate  inducted  into  the  armed
  forces  of  the United States during or after completion of training may
  (a) after honorable discharge or (b) after a discharge  other  than  bad
  conduct  or  dishonorable  where  the  candidate  (i)  has  a qualifying
  condition, as defined in section one of the veterans' services  law,  or
  (ii)  is  a  discharged  LGBT  veteran, as defined in section one of the
  veterans' services law, and upon proper application as required  by  the
  department  be  eligible for an exemption with respect to time served in
  such service.
4. Following the close  of  every  written  examination  prepared  and
  administered  by  the department the questions submitted and the answers
  made thereto by the applicant together with a record stating  in  detail
  the  result  of  the examination for each candidate shall be kept by the
  department for a period of one year. These may be destroyed at  the  end
  of such period.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3423 - Funeral Directing; Undertakers and Embalmers; Requirements for License to Practice; Examinations.

§ 3423. Funeral directing; undertakers and embalmers; requirements for
  license  to practice; examinations.  1. The department shall continue to
  hold re-examinations as may be necessary, as provided by former  article
  fourteen  of  the  public  health  law,  as  amended,  and the rules and
  regulations promulgated thereunder for applicants who have prior to July
  first,  nineteen  hundred  fifty-one,  taken  and  failed  to  pass   an
  examination   for   undertaker   or   embalmer  license  until  December
  thirty-first, nineteen hundred sixty-three.
2. The department shall admit to such  re-examinations  any  applicant
  who  pays  a  fee  of  five dollars, is registered as a trainee with the
  department and is otherwise qualified in accordance with former  article
  fourteen of the public health law as amended.
3.  The  department  shall  issue an undertaker or embalmer license to
  those who, upon payment of a fee of ten dollars, qualify  in  accordance
  with the provisions of this section, and who pass such re-examination.
4. An undertaker or embalmer license shall entitle the holders thereof
  to practice undertaking or embalming, respectively.
5.  Any  person  who  was  a  duly  registered trainee on April first,
  nineteen hundred forty-five, and, was in the armed forces of the  United
  States  on  April first, nineteen hundred forty-five, and whose training
  and experience shall have been interrupted by his service in  the  armed
  forces  of  the United States, shall be permitted to resume his training
  and experience at any time  within  one  year  after  the  date  of  his
  discharge  from  active  service.  The department shall continue to hold
  examinations for such candidates for undertaking and  embalmer  licenses
  and to issue such licenses as herein provided.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3424 - Funeral Directing; Reports by Trainees, Employees and Schools.

§ 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   change   in   school
registration or change of employment.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3425 - Funeral Directing; Schools; Approval.

§  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
directing  in the state of New York may receive credit for attendance at
such school.
2. Such application shall be made upon a form prescribed and furnished
by  the  commissioner  which  shall  contain  such  information  as  the
commissioner may require.
3.  (a) The commissioner shall cause to be made such investigation and
inspection of such school as he may deem necessary, and  thereafter  the
department  shall  issue  a  certificate  of approval to each school for
funeral  directors  approved  by  the  department   as   maintaining   a
satisfactory standard.
(b) A certificate of approval issued under this section shall be valid
for one year.
4. (a) A school for funeral directors located outside the state of New
York   shall   pay   the   traveling  and  other  expenses  incurred  by
representatives of the  department  in  making  such  investigation  and
inspection as the commissioner may prescribe.
(b) Each certificate of approval may be renewed for additional periods
of one year.
5. The commissioner may, in lieu of the foregoing approval procedures,
accept  the  certification  of  accreditation  issued  by an accrediting
organization recognized by the department of health.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3426 - Funeral Directing; Licensing Reciprocity With Other States.

§  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 license,
may endorse, without examination, a funeral director license  issued  by
the  proper  authorities  of any other state or political subdivision of
the United States, upon payment of a fee of three hundred  dollars,  and
upon submission of evidence satisfactory to the commissioner:
(a)  that  such  other  state  or  political subdivision of the United
States maintains a system and standard of qualification and  examination
for funeral director license, which is substantially equivalent to those
required in this state; and,
(b)  that  such  other  state  or  political subdivision of the United
States gives similar recognition and endorsement  to  licenses  of  this
state; and,
(c)  that  the  applicant  for  such  endorsement, since receiving his
license from such other state or political  subdivision  of  the  United
States,  has been engaged in the practice of funeral directing for three
years or more in one or more of the states or political subdivisions  of
the United States; and,
(d)  that  such  applicant  for endorsement is actually engaged in the
practice of funeral directing at the time of application for endorsement
and is in good and regular standing as a funeral director in each  state
or  political  subdivision  of  the United States from which he has ever
received a funeral director license.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 2 - Licensing and Registration › 3427 - Funeral Directing; Issuance of Duplicate Licenses.

§  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  shall  prescribe,  and  upon  payment  of  a fee of twenty
  dollars.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 3 - Practice of Funeral Directing; Funeral Establishments › 3440 - Funeral Directors; Duty to Use Prescribed Tests of Death.

§  3440.  Funeral  directors;  duty  to use prescribed tests of death.
  Before removing the body of a deceased person from the place of death or
  preparing it for burial  by  injection  of  fluid  or  otherwise,  every
  funeral  director,  undertaker or embalmer shall apply such tests as are
  prescribed by the commissioner for determining whether life is  extinct.
  If the body is not to be embalmed the same tests shall be made before it
  is prepared for burial.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 3 - Practice of Funeral Directing; Funeral Establishments › 3440-A - Statement to Be Furnished by Certain Licensed Persons, Funeral Directors and Funeral Firms When Funeral Arrangements Are Made.

§  3440-a.  Statement  to  be  furnished  by certain licensed persons,
  funeral directors and funeral firms when funeral arrangements are  made.
  Every  person  licensed  pursuant  to  this  article,  including funeral
  directors  and  funeral  firms,  shall  furnish  at  the  time   funeral
  arrangements  are  made  for  the  care and disposition of the body of a
  deceased person, a written statement showing thereon the  price  of  the
  funeral,  which  shall  include  an  itemized  list  of the services and
  merchandise to be furnished for such price and a statement of  the  cash
  advances and expenditures to be advanced.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 3 - Practice of Funeral Directing; Funeral Establishments › 3441-A - Funeral Arrangements; Use of Flag.

§  3441-a. Funeral arrangements; use of flag.  Upon the request of the
  person responsible for the payment for funeral arrangements made for the
  care and disposition of the body of a deceased veteran,  eligible  under
  federal  law  or  regulations  or  section  two  hundred  fifty-a of the
  military law for the use of a United States flag  for  burial  purposes,
  every  person  licensed  pursuant  to  this  article,  including funeral
  directors and funeral firms, shall furnish a United States flag for  the
  covering of the casket at the time of the funeral free of charge. Notice
  of the availability of such flag shall be given at the time the itemized
  list of services is furnished.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 3 - Practice of Funeral Directing; Funeral Establishments › 3443 - Funeral Directing; Use of Names; Unlicensed Persons Prohibited.

§   3443.   Funeral   directing;  use  of  names;  unlicensed  persons
prohibited.  1. The name of any living person  who  has  not  been  duly
licensed  and  is not duly registered as specified in this article shall
not be
(a) shown or displayed upon or in any funeral establishment; or,
(b) used alone,  in,  as  part  of,  or  in  connection,  association,
combination,  or  together  with  the name or title of any person, firm,
corporation or other form of enterprise engaged  in  funeral  directing,
undertaking,  or  embalming  or  maintaining a mortuary, funeral home or
other similar establishment or using in connection with  such  name  and
practice,  the  words funeral director, mortician, undertaker, embalmer,
or any other title or words of similar meaning or import  on  any  card,
sign,  stationery,  or  other printed, engraved or written instrument or
device or in any public or private announcement or advertisement; or,
(c) used in any manner as to give or tend to give the impression  that
such  person  is  licensed  or  practicing  or entitled to practice as a
funeral director, undertaker, or embalmer.
2. A person who holds a license as a funeral  director  or  undertaker
and  is registered as required herein may hold himself out and advertise
as a funeral director, undertaker, or mortician.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 3 - Practice of Funeral Directing; Funeral Establishments › 3444 - Food Service in Funeral Establishments.

§  3444.  Food  service  in  funeral  establishments.  (a)  A  funeral
establishment may provide space, facilities, equipment or  supplies  for
the  preparation,  sale, service, distribution or consumption of food or
nonalcoholic beverages, limited  to  incidental  refreshments  (such  as
baked  goods,  sandwiches, snacks and platters) or those required by the
religious practices of the deceased  person  or  the  deceased  person's
family,  in  the  funeral  establishment to or by persons in the funeral
establishment  for  the  purpose  of   arranging   for,   attending   or
participating in the care and preparation of a body of a deceased person
for disposition, mourning, a funeral or memorial ceremony or service, or
an  open  house  or  similar  community  function that is related to the
business of funeral directing.
(b) Activities under this  section  may  include  the  services  of  a
caterer  not  owned  by  or  affiliated  with the funeral establishment.
Activities of funeral  establishment  employees  or  catering  employees
shall  be  limited to (i) preparing such beverages and (ii) serving such
incidental refreshments or nonalcoholic beverages under this section.
No activities under this section shall include the consumption of  any
alcoholic  beverage.  Notwithstanding  the provisions of this section, a
funeral establishment shall not operate as a food service  establishment
or caterer.