New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 133 - Violations, Hearings, and Enforcement › Section 133.3 - Compliance Inspections and Enforcement Investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
				may conduct inspections or investigations of the licensee and any premises
				licensed by the board, and on any affiliated vehicles owned, leased or utilized
				by the licensee and all records, including, but limited to, financial
				statements and corporate documents, samples, photographs, videos, recordings,
				papers, books, documents, records, payrolls, accounts, correspondence,
				electronic communications and information, devices, supplies, and any other
				information to examine, without prior notice. Such inspection or investigation
				may include interviews of individuals, including, but not limited to,
				employees, contractors, managers, supervisors or any other persons whom the
				office has determined are involved in the financing, management, or operation
				of a licensee or subpoenas to compel the production of papers, books,
				documents, records, payrolls, accounts, correspondence, electronic
				communications, devices, supplies, and other tangible things. Submission of an
				application for a license, issuance of a license, or permit to a licensee,
				constitutes consent for an inspection. Such premises shall be subject to
				inspection by the office, by the duly authorized representatives of the office,
				by any peace officer acting pursuant to their special duties, or by a police
				officer. After a license is issued, it is the continuing obligation of the
				licensee to grant access to these records, locations and individuals.
(b) A licensee shall make themselves or an
				agent thereof available and present for any inspection or investigation
				required by the office. An inspection or investigation may include but is not
				limited to inspecting and ensuring that a licensee complies with all
				requirements of the Cannabis Law and all related regulations.
(c) During an inspection, investigation, or
				at any time, the office may direct a licensee to send any cannabis, cannabis
				samples or cannabis products to the state reference laboratory, or, to a
				permitted cannabis laboratory pursuant to Part 130 of this Title, for testing
				of contaminants, cannabinoid profile or other testing including, but not
				limited to, filth, foreign material, heavy metals, and the presence of
				pesticides not approved for use on cannabis by the office.
(d) An inspection or investigation may be
				made prior to the issuance of a license or the renewal of a license. Additional
				inspections may be made at any point the office deems it necessary for the
				enforcement of applicable laws, rules or regulations.
(e) The failure of a licensee to make
				themselves available for an inspection or investigation, make available any
				documents and information requested by the office, allow access to a licensed
				premises and cooperate with an inspection or investigation of the licensed
				premises by a duly authorized representative of the office, by any peace
				officer acting pursuant to their special duties, or by a police officer, acting
				pursuant to their powers and duties, shall result in immediate summary
				suspension of the license.
(f)
				During an inspection or investigation, any items containing cannabis or
				cannabis products which are in violation of the Cannabis Law or its applicable
				regulations may be seized and a stop order issued provided that:
(1) a licensee shall be notified of the
				seizure;
(2) a signed receipt shall
				be issued which states the items seized, their approximate weight, quantity and
				physical description;
(3) the
				office shall maintain documentation of the chain of custody of seized items;
				and
(4) upon determination that the
				detention of the items seized are no longer necessary to ensure compliance with
				applicable regulations, the licensee shall be notified of that determination
				and the items may be returned to the licensee. The licensee shall acknowledge,
				in writing, receipt of the seized items at the time of such return.