reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter E - Agricultural Liming Materials (Agriculture and Markets Law, art. 9-A) › Part 158 - Agricultural Liming Materials › Section 158.3 - Sieves

Current through Register Vol. 46, No. 28, July 10, 2024
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. Designation:
					 E-11-61), the National Bureau of Standards and the Association of Official
					 Agricultural Chemists.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter E - Agricultural Liming Materials (Agriculture and Markets Law, art. 9-A) › Part 158 - Agricultural Liming Materials › Section 158.4 - Sampling

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.3 - Licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
(i) A commercial hemp license authorizes the
				  growth, cultivation, and handling of hemp plants in the State for commercial
				  sale.
(ii) A research hemp grower
				  license authorizes the growth, cultivation, and handling of hemp plants for
				  scientific, academic, or commercial research purposes, but does not authorize
				  the grower to grow, cultivate or handle hemp for commercial sale.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.4 - License applications

Current through Register Vol. 46, No. 28, July 10, 2024
(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:
(i) For individual applicants, the
				  applicant's full name, address, telephone number, and email address (if
				  available);
(ii) For business
				  entities, the entity's complete legal name and trade name, if any; its
				  principal business address, the full name and title of key participants, their
				  respective email addresses (if available) and the entity's employer
				  identification number (EIN);
(iii)
				  A legal description of the land on which the hemp will be grown, cultivated, or
				  handled, including, the acreage for outdoor growing locations, the square
				  footage for indoor growing locations, and the geospatial location for each
				  proposed growing and handling site;
(iv) A current criminal history report for
				  all key participants issued no more than 60 days prior to submission of the
				  application to grow hemp; and
(v)
				  Information sufficient to demonstrate that the applicant has or will have
				  adequate facilities and security to undertake the growth, cultivation, and
				  handling of hemp and to comply with applicable State law, rules and regulations
				  relating to the growth, cultivation, and handling of hemp.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.5 - Licensing Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Zoning Requirements. It is the responsibility of the applicant to ensure that
				  their proposed growing location(s) are compliant with local zoning
				  requirements.
(b) Site
				  Requirements.
(i) The growing of hemp in an
				  area zoned as residential or in a residential dwelling is not
				  permitted.
(ii) The Department
				  reserves the right to make determinations regarding the appropriateness of
				  proposed growing, processing, and/or storage locations.
(iii) The applicant must have control over
				  the proposed locations through ownership or lease agreements.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.6 - License term, form, and amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department shall issue commercial and
				  research licenses.
(i) All growers seeking a
				  license to grow hemp for commercial sale or distribution shall apply for a
				  commercial license.
(ii) All
				  growers seeking to engage in hemp research, and that will not offer hemp for
				  commercial sale or distribution, may seek a research license.
(iii) Unless a person is eligible for and
				  obtains a license from the Department, such person shall not grow, cultivate,
				  or handle hemp.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.7 - License renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(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 expiration of the applicant's current
				  license, accompanied by an application and administration fee of
				  $500.00.
(b) An application for a
				  renewal shall be subject to the same terms, information, collection
				  requirements, and approval criteria under Sections
				  159.4
				  and
				  159.5. However,
				  notwithstanding the above, no renewal license shall be issued to an applicant
				  that does not hold a valid license at the time of the submission of an
				  application.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.9 - Grower Inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(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 maintained for accuracy and
				  completeness.
(b) The Department,
				  in its discretion, may conduct inspections of a random sampling of growers,
				  performance-based inspections, or employ a combination of some or all such
				  inspection approaches.
(c) The
				  Department's inspections may include site visits to the farms, fields,
				  greenhouses, storage facilities, or other locations related to the grower's
				  operation and the review of records and documentation and may include and
				  cover, among other things, the grower's operational procedures, regulatory
				  compliance, documentation, record keeping and reporting.
(d) The grower shall provide the Department
				  with complete and unrestricted access to the premises where hemp is cultivated
				  and stored and where the hemp cultivation business operates, as well as
				  unrestricted access to the books and records of the grower relating to the
				  cultivation of hemp.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.10 - Sampling for Acceptable Hemp THC Levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sampling of Growers/Sampling Agents.
(i) 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
				  THC levels within 30 days of the proposed harvest date ("pre-harvest
				  sampling").
(ii) Should the
				  Department receive approval from the USDA to undertake performance-based
				  sampling of growers which would eliminate the requirement to test all lots of
				  all growers, the Department will seek to amend its grower sampling methodology
				  to provide for performance-based sampling, where appropriate.
(iii) Growers of hemp for research and
				  research institutions may, with the written approval of the Department, adopt
				  and carry out performance-based sampling.
(iv) Sampling for regulatory testing for
				  acceptable hemp THC levels shall be conducted either by Department inspectors
				  or sampling agents approved by the Department.
(v) Sampling agents shall be trained and
				  certified by the Department.
(vi)
				  An applicant for State certification to sample hemp shall apply upon a form
				  prepared by the Department, which application shall require a current criminal
				  history report issued no more than 60 days prior to submission of the
				  application to sample hemp.
(vii)
				  The Department shall maintain and post a list of certified sampling agents on
				  its website.
(viii) Should the
				  Department be required to provide sampling services, the grower shall pay a
				  sampling fee equal to the actual cost of procuring the sample, mailing, or
				  delivering the sample to the lab, and performing the laboratory analysis for
				  each lot sampled by the Department.
(ix) The cost of sampling by a
				  Department-certified sampler will be determined by agreement between the
				  sampling agent and the grower.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.11 - Regulatory THC testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Testing Laboratories.
(i) 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.
(ii) Growers shall be
				  required to pay a fee equal to the actual cost of performing the laboratory
				  analysis for each sample tested by the Department for THC.
(iii) After December 31, 2022, or a later
				  date established by the USDA, testing for acceptable THC levels of pre-harvest
				  samples shall be conducted only at laboratories registered with the United
				  States Drug Enforcement Administration.
(iv) The Department shall provide a list of
				  laboratories approved for testing.
(v) Private laboratories performing
				  regulatory testing shall deliver their testing reports to the Department, the
				  USDA, and the grower at the same time.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.12 - Disposal or remediation of non-compliant hemp

Current through Register Vol. 46, No. 28, July 10, 2024
Commercial lots shall be subject to disposal or remediation
					 when a sample tests over the acceptable hemp THC level based on regulatory
					 sampling.
(a) Disposal.
(i) A grower shall dispose of and document
				  the disposal of non-compliant hemp within 5 days of the delivery of notice of
				  regulatory testing results finding that a grower's hemp is
				  non-compliant.
(ii) All
				  non-compliant hemp shall be disposed of by one of the following methods:
(1) Disposal off site by using a
				  DEA-registered reverse distributor or law enforcement; or
(2) Disposal on site at the farm or hemp
				  production facility using the following methods: plowing under non-complaint
				  plants, composting into "green manure" for use on the same land, tilling,
				  discing, burial or burning or other disposal methods, approved by the
				  Department, and which make the product unusable, non-consumable,
				  non-retrievable and unmarketable.
(iii) On site disposal requires that the crop
				  destruction be verified through the use of one of the following methods, which
				  shall be approved by the Department in writing, prior to such disposal:
				  inperson verification by a Department inspector, the taking of pictures,
				  videos, or other proof of disposal, with the prior written approval of the
				  Department.
(iv) If the grower
				  requests re-testing at its own expense, the grower shall dispose of and
				  document the disposal of the non-compliant hemp within 5 days of the delivery
				  of the notice of a final determination that the hemp is
				  non-compliant.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.13 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(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:
(i) a description of the
				  registered premises where hemp is grown;
(ii) the name of the cultivar(s) grown, and
				  the number of plants of each cultivar purchased, acquired, and used, for the
				  applicable growing season;
(iii)
				  the amount and acreage of hemp grown during each growing season;
(iv) the amount and acreage of hemp disposed
				  of on a yearly basis, including, but not limited to the hemp disposed of
				  pursuant to §
											159.12  of this Part; and
(v) the results of all required
				  testing.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.14 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Reporting to Farm Service Agency. 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:
(i) Street
				  address and geospatial location for each lot or greenhouse where hemp will be
				  produced. If a producer operates in more than one location, or is producing
				  under multiple licenses, production information shall be provided for each
				  location;
(ii) Acreage dedicated to
				  the production of hemp, or greenhouse or indoor square footage dedicated to the
				  production of hemp; and
(iii) State
				  license or authorization identifier in a format prescribed by the
				  USDA.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.15 - Infractions and Violations

Current through Register Vol. 46, No. 28, July 10, 2024
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 comply with the
					 Part's requirements fall into three categories, as follows:
(a) Infractions. Infractions occur when a
				  grower fails to follow any of the requirements of this Part, and which are not
				  more specifically addressed in paragraphs (b) and (c) herein.
(i) The Department shall advise growers of
				  infractions observed by its inspector by delivery of an inspection report
				  listing the infractions observed or by delivery of a notice of
				  infraction.
(ii) The Department
				  shall establish a date by which the infraction shall be corrected.
(iii) A grower shall have an opportunity to
				  be heard concerning any noticed infraction with respect to which the Department
				  takes enforcement action.
(iv) At
				  the Department's discretion, a grower may be required to enter into a
				  compliance agreement to ensure future compliance.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.16 - License suspension

Current through Register Vol. 46, No. 28, July 10, 2024
(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:
(i) Engaged in conduct violating a provision
				  of this Part; or
(ii) Failed to
				  comply with a written direction from the Commissioner related to negligent
				  conduct set forth in this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.17 - Registrations for Hemp Seed and Plant Sales

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Seed Sales.
(i) No person shall sell hemp seeds in the
				  State unless registered with the Department.
(ii) Registrations are obtained by submitting
				  a fully completed application on a form prepared by the Department, providing,
				  among other things, the following information:
(1) If the applicant is an individual, the
				  applicant's full name, address, telephone number and email address (if
				  available). If the applicant is a business entity, the entity's complete name,
				  its principal business address, the full name and title of key participants,
				  their respective email addresses (if available) and the entity's employer
				  identification number (EIN); and
(2) A legal description of the property at
				  which the seed is stored and handled and the geospatial location for each site;
				  and
(3) A current criminal history
				  report for all key participants and information to evidence that the applicant
				  has or will have adequate facilities, equipment, and security to undertake the
				  storage and sale of hemp seed and to comply with applicable State
				  law.
(iii) Upon the
				  submission of a completed registration application, together with a
				  registration fee of $100.00, the Department shall register the applicant, which
				  authorizes the registrant to engage in the sale of hemp seeds in the State for
				  a period of three years with the term beginning on the date of issue shown on
				  the license.
(iv) Sale of hemp seed
				  is permitted to only those holding State or Federal licenses authorizing the
				  buyer to grow and cultivate hemp.
(v) Registrants shall maintain a log of all
				  hemp seeds sold for a period of three years, which log shall include the name,
				  address and phone number of each person purchasing the seed, their State or
				  Federal hemp registration or license number, the quantity and variety of the
				  seed purchased, and the date of the purchase.
(vi) The Department shall have full access to
				  the licensed premises and the property at which the seed is stored and shall
				  have the authority to inspect and audit sales records on a periodic
				  basis.
(vii) Upon notice and an
				  opportunity to be heard, the selling of hemp seed to persons not authorized to
				  grow hemp or failure to create and maintain required records may result in the
				  revocation of a registration.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.18 - Aids to Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The Commissioner shall have full access to all premises, buildings, factories,
				  farms, where activities regulated by Article 29 of the Agriculture and Markets
				  ("Article 29") law are licensed or occur, including vehicles, cars, boats,
				  airplanes, vessels, containers, packages, barrels, boxes, tubs and/or cans for
				  the purpose of enforcing the provisions of this article. The Commissioner may,
				  at such locations, examine hemp and hemp products and may open any package
				  and/or container reasonably believed to contain hemp or hemp products, to
				  determine whether it is in violation of Article 29 or any rule or regulation of
				  this Part.
(b) The Commissioner may
				  seek an inspection warrant when he or she reasonably believes a violation of
				  Article 29 or any rule or regulation of this Part has occurred or is occurring
				  and that a licensee or an individual or entity authorized to conduct research
				  pursuant to Article 29 has: refused to permit any hemp to be inspected or
				  samples taken therefrom; refused to permit access to any premises or place
				  where licensed activities are conducted; and/or refused to permit access
				  thereto by any inspector of the Department and that such inspector has
				  reasonable grounds to believe that such person has any hemp in his or her
				  possession or under his or her control and/or is in violation of Article 29 or
				  any rule or regulation of this Part. In such a case, a warrant may be issued in
				  the name of the people, directed to the Commissioner, his or her employees,
				  and/or police officers, commanding him, her or them to:
(1) search any place of business, factory,
				  building, premises, farm where licensed activities have occurred and any
				  vehicle, car, boat, airplane, vessel, container, package, barrel, box, tub
				  and/or can, containing, or believed to contain, hemp in the possession or under
				  the control of any person who shall refuse to allow access to such hemp for
				  inspection or sampling;
(2) permit
				  the inspection and sampling of any hemp found in the execution of the warrant,
				  as the officer applying for the inspection warrant shall designate when the
				  same is found, by an inspector or a Department official authorized by the
				  Commissioner or by the agriculture and markets law; and/or
(3) permit access to any place where access
				  is refused or prevented, and to allow and enable a Department inspector or
				  other Department official or police officer to conduct an inspection of the
				  place. The officer to whom the warrant is delivered shall make a return in
				  writing of his proceedings thereunto to the court which issued the
				  same.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
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 raised in
					 the state by New York State Grown and Certified Program producers, to use the
					 New York State Grown and Certified Seal on labels and labeling associated with
					 such product, provided that, as more specifically set forth in this Part, the
					 producer, processor or manufacturer has:
(a) been verified to grow, harvest, raise,
				  process and/or manufacture the product using good agricultural or handling
				  practices; and/or
(b) operates in
				  an environmentally responsible manner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following terms shall
					 have the following meanings:
(a)
				  Environmentally Responsible Manner" means participation in:
(i) the Agricultural Environmental Management
				  Program, administered by the Department of Agriculture and Markets ("AEM
				  Program"), with the completion of Tier 2 of the program, or higher, within
				  three years of admission into the New York State Grown and Certified Program;
				  or
(ii) another program, either
				  identified in this Part or determined by the Commissioner to demonstrate
				  environmental responsibility sufficient to qualify for participation in the New
				  York State Grown and Certified Program.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.3 - Qualifications for New York State Grown and Certified Producers, Processors and Manufacturers

Current through Register Vol. 46, No. 28, July 10, 2024
(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 Program producers at
				  levels to be established by the Commissioner which in no event shall fall below
				  a preponderance of the product's ingredients;
(3) producers of forest products and equine
				  stock born and bred in New York;
(4) processors and/or manufacturers of forest
				  products that are processed and manufactured in New York and use forest
				  products from New York State Certified Producers at levels established by the
				  Commissioner which in no event shall fall below a preponderance of the product
				  or the component parts of the product; and/or
(5) processors and/or manufacturers of such
				  other non-food products determined by the Commissioner to qualify for the New
				  York State Certified Program, which product is processed or manufactured in New
				  York and uses product from New York State Certified Producers at levels
				  established by the Commissioner which in no event shall fall below a
				  preponderance of the product or the component parts of the product.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.4 - The New York State Grown and Certified Seal

Current through Register Vol. 46, No. 28, July 10, 2024
(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 State Grown and Certified Seal (the
				  "Seal") on or upon a label, labeling, pack- age, container, advertisement, or
				  display, in the form set forth below as applicable to the product and under the
				  terms set forth in this Part, provided that the individual or entity has been
				  determined to be qualified to use the Seal by the Commissioner and has executed
				  a license agreement in the form provided by the Commissioner ("license").
(b) The Seal shall be in the
				  following form: See Appendix in the back of this issue.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.5 - Application for Participation in the New York State Grown and Certified Program

Current through Register Vol. 46, No. 28, July 10, 2024
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 promoting,
					 products qualifying for use of the New York State Grown and Certified Seal.
					 Such application shall be submitted to the Commissioner, upon a form provided
					 by the Commissioner, and shall contain the information required by the
					 provisions of this Part as well as any other information that, in the opinion
					 of the Commissioner, is necessary for the proper administration of the New York
					 State Grown and Certified Program. Except as provided in section 161.6  of this
					 Part, permission will not be granted unless an application therefor has been
					 made and a Trademark Licensing Agreement, in a form provided by the
					 Commissioner has been executed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.6 - Granting permission to use the New York State Grown and Certified Seal; granting applications therefor; revoking permission therefor

Current through Register Vol. 46, No. 28, July 10, 2024
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 Part.
					 The Commissioner may decline to grant an application, or may suspend or revoke
					 permission to use the Seal, whenever he or she finds, after an opportunity to
					 be heard, that the program participant:
(a) does not or no longer meets the
				  qualifications set forth in section 161.3  of this Part;
(b) has failed or refused to produce any
				  information demanded by the Commissioner reasonably related to the
				  administration and enforcement of this Part;
(c) has failed or refused to comply with any
				  applicable provision set forth in this Part or in the Trademark Licensing
				  Agreement; and/or
(d) has, in the
				  Commissioner's opinion, disparaged the Seal or engaged in conduct damaging the
				  good will of the Seal.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 161 - New York State Grown and Certified Program › Section 161.7 - Conditions of use of the New York State Grown and Certified Seal

Current through Register Vol. 46, No. 28, July 10, 2024
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 Certified Program and for the purpose of promoting products to their
				  customers and to the general public;
(c) use it only on products for which
				  permission was granted by the Commissioner, pursuant to the provisions of this
				  Part;
(d) use it only on
				  high-quality products;
(e) comply
				  with all federal, state, local and municipal laws and ordinances directly
				  related to products in connection with which the Seal is used;
(f) not alter, amend, change, or otherwise
				  distort the Seal in any way, except as otherwise and expressly authorized by
				  the Commissioner;
(g) not
				  challenge, contest, impair or tend to impair or use it in a way that
				  invalidates or may tend to invalidate any of the Department's rights in the
				  Seal;
(h) not use it in any manner
				  likely to confuse, mislead or to deceive the public, or engage in conduct that
				  damages the value or good will of the Seal or of the New York State Grown and
				  Certified Program;
(i) not claim or
				  assert any property interest in the Seal; and
(j) not to register or file applications to
				  register the Seal or a name substantially similar thereto.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 162 - Official State Brands Or Trademarks › Section 162.1 - Seal of quality label

Current through Register Vol. 46, No. 28, July 10, 2024
(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 design shall be used only
				  upon farm products, either fresh or processed, which meet the specific
				  standards as hereinafter set forth for each farm product packed
				  thereunder.
(b) The official brand
				  or trademark, "Seal of Quality", shall be in the following form and the text of
				  the specimen here attached.
Image
(c) Presence of non-New York produced
				  components in a farm product. The presence in a processed farm products of a
				  bulky flavoring ingredient, water, flavor enhancer or agent, color additive, or
				  food additive, or any combination thereof, which was not produced within this
				  State shall not disqualify an otherwise eligible product from inclusion in the
				  Seal of Quality program. For purposes of this section, a bulky flavoring
				  ingredientshall mean a food which has been added to a New York processed farm
				  product to impart a distinctive taste or other characteristic without such
				  product losing its identity as a New York produced farm product, as determined
				  by the commissioner. Flavor enhancers and agents, color additives and food
				  additives shall have the same meaning as those terms are given in sections
				  70.3(f), 170.3(o) and 170.3(e), respectively, of title 21 of the Code of
				  Federal Regulations, revised as of April 1, 1991, which sections are hereby
				  adopted and incorporated by reference as though fully set forth herein. Copies
				  of such Federal regulations (as published by the United States Government
				  Printing Office, Washington, DC 20402) are maintained at the Department of
				  Agriculture and Markets, Division of Agricultural Protection and Development
				  Services, One Winners Circle, Albany, NY and Department of State, 162
				  Washington Avenue, Albany, NY 12231, and are available for public inspection or
				  copying during regular business hours.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 162 - Official State Brands Or Trademarks › Section 162.2 - Apple standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. New York State Seal of Quality apples shall be equivalent to or better
				  than the U.S. Fancy Grade.
(b)
				  Definitions.
(1) Fairly uniform--not more
				  than 1/4 inch variation in diameter from smallest to largest apples within any
				  package.
(2) Reasonably
				  uniform--not more than 1/2 inch variation in diameter from smallest to largest
				  apples within any package. In addition, smallest to largest apples for the lot
				  may not vary more than 3/4 inches in diameter.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 162 - Official State Brands Or Trademarks › Section 162.3 - Apple juice and cider/fresh apple juice standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. New York State Seal of Quality
				  apple juice and cider/fresh apple juice shall be derived from apples grown in
				  New York State. Products shall be in compliance with applicable trademark rules
				  and regulations and the following product and processing facility
				  requirements.
(b) Product.
(1) Seal of Quality juice product generally
				  classified as juice shall meet or exceed the minimum requirements for Style
				  1--Clear--Grade A juice as established by the United States Standards for
				  Grades of Canned Apple Juice except that no concentrates will be
				  allowed.
(2) Seal of Quality
				  cider/fresh apple juice product normally classified as cider shall meet or
				  exceed the minimum requirements for Style 2--Cloudy--Grade A juice as
				  established by the United States Standards for Grades of Canned Apple Juice
				  except the juice need not be processed with the addition of antioxidents or be
				  so processed as to assure preservation of the product or packaged in
				  hermetically sealed containers, further provided, however, that said product is
				  so handled as to insure non-fermented product offering. In addition, no
				  concentrates will be allowed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 162 - Official State Brands Or Trademarks › Section 162.4 - Blueberry standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
These standards apply only to selected and hybrid varieties
					 of the high-bush blueberry (Vaccinium australe Small and Vaccinium corymbosum
					 L.) produced under cultivation, but not to other species of the genus Vaccinium
					 nor to the true huckleberries of the genus Gaylussacia.
(b)
Definitions.
(1)
Similar varietal
				  characteristics
means that the berries are similar in color and
				  shape.
(2)
Clean
means that the individual berry is practically free from dirt, grass or other
				  foreign material.
(3)
Well-colored
means that more than one-half of the surface of
				  the individual berry is blue, bluish-purple, purple, or bluish-black.
(4)
Overripe
means that the
				  individual berry is overmature soft and past commercial utility.
(5)
Wet
means that the
				  individual berry is wet from juice from crushed, leaking or decayed
				  berries.
(6)
Injury
means any specific defect described in this section; or
				  an equally objectionable variation of any one of these defects, any other
				  defect, or any combination of defects which more than slightly affects the
				  appearance or the edible or marketing quality of the blueberries. The following
				  specific defects shall be considered as injury:
(i) berries which are not clean;
(ii) clusters when there are three or more
				  joined capstems with at least one berry attached;
(iii) berries with stems attached;
(iv) russeting when readily
				  noticeable;
(v) scales when readily
				  noticeable;
(vi) scars when readily
				  noticeable; and
(vii) berries which
				  are not well colored.
(7)
Damage
means any specific defect defined in this section, or
				  an equally objectionable variation of any one of these defects, any other
				  defect, or any combination of defects, which materially affects the appearance,
				  or the edible or marketing quality of the blueberries. The following specific
				  defects shall be considered as damage:
(i)
				  broken skins when caused by stem cracks, bird tears, water splits, punctures,
				  or mechanical means;
(ii) green
				  berries when one-half or more of the berry is green;
(iii) wet berries;
(iv) shriveled when the skin is wrinkled and
				  the shape of the berry is distorted; and
(v) overripe berries.
(8)
Serious damage
means any
				  specific defect defined in this section, or an equally objectionable variation
				  of any one of these defects, any other defect, or any combination of defects,
				  which seriously affects the appearance, or the edible or marketing quality of
				  the blueberries. The following specific defects shall be considered as serious
				  damage:
(i) decay;
(ii) moldy berries;
(iii) mushy berries;
(iv) mummified berries; and
(v) when any insect larva is present or there
				  is other visible evidence of the presence of any insects.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 162 - Official State Brands Or Trademarks › Section 162.5 - Bunched italian sprouting broccoli standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. New York State Seal of Quality
				  broccoli shall be bunched stalks of Italian sprouting broccoli. Each bunch
				  shall be clean, fresh, have characteristic color, and be free from decay and
				  free from damage caused by overmaturity, discoloration of bud clusters or
				  leaves, freezing, disease, insects, mechanical or other means. The bud clusters
				  in each bunch shall be compact or fairly compact. Each bunch shall be neatly
				  and fairly evenly cut off at the base and closely trimmed.
(b) Definitions.
(1) Damage means any specific defect
				  described in this section, or an equally objectionable variation of any one of
				  these defects, any other defect, or any combination of defects, which
				  materially detracts from the appearance, or the edible or marketing quality of
				  the bunch. The following specific defects shall be considered as damage:
(i) Overmaturity. When the appearance of the
				  bunch is slightly affected by the presence of open flower buds, or buds which
				  are enlarged and on the verge of opening.
(ii) Discoloration of bud clusters. When the
				  appearance of the bunch is materially affected by buds which have a noticeably
				  yellowish, brownish or reddish cast in contrast to the desirable good green
				  color. A bluish or purplish cast over the green is often characteristic of good
				  broccoli and shall not be considered as damage.
(iii) Discoloration of leaves. When the
				  appearance of the bunch is materially affected by discolored leaves or parts of
				  leaves.
(iv) Hollow stems. If the
				  opening extends more than three inches up in the stem or when the opening is
				  more than slightly discolored or watersoaked on any stalk in the
				  bunch.
(v) Blighted buds. When the
				  aggregate affected area of dry, hard and yellowish brown bud clusters exceed a
				  circle one inch in diameter.
(vi)
				  Insects. When more than five live or dead insects are present. When more than
				  one live or dead worm is present. When bunches show evidence of insect or worm
				  feedings exceeding the aggregate area of a circle 5/8 inch in
				  diameter.
(vii) Stem texture. When
				  stems or stalks have a definite woody texture affecting a portion more than one
				  inch in length above the lowest point of trim.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 162 - Official State Brands Or Trademarks › Section 162.9 - Cauliflower standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. New York State Seal of Quality cauliflower shall be heads of
				  cauliflower which meet the following requirements. Basic requirements for curds
				  are: clean, compact, color--white, size--not less than six inches in diameter.
				  Heads are required to be fairly uniform in size--which means that variation of
				  curd size in individual containers does not exceed two inches in diameter.
				  Basic requirements for jacket leaves: fresh, closely trimmed, fairly clean.
				  Free from: soft or wet decay. Free from damage caused by: bruising, cuts,
				  discoloration, enlarged bracts, fuzziness, hollow stem, insects, mold,
				  riciness, wilting and other means. Free from serious damage by any
				  cause.
(b) Definitions.
(1) Damage means any specific defects as
				  outlined in the United States Standards for grades of cauliflower with the
				  following exception:
(i) Discoloration means
				  when yellow or other abnormal color materially detracts from the appearance of
				  the curd, or slightly detracts from the appearance of the jacket leaves (in the
				  case of closely trimmed cauliflower).