reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.6 - Subsidiaries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any subsidiary
				  of an applicant or a licensee or of a subsidiary of an applicant or licensee
				  shall:
(1) be a wholly owned subsidiary where
				  total control is held by and 100% of the shares are owned by the
				  licensee;
(2) transfer or accrue to
				  the licensee the following:
(i)
				  communications from the Office;
(ii) enforcement proceedings;
(iii) information related to compliance with
				  the rules and regulations of the license; and
(iv) any requirement, obligations, or
				  liabilities to the license imposed under this Part or at the request of the
				  Office or Board.
(3) be
				  named and identifiable as subsidiary to the licensee according to a naming
				  convention that includes but is not limited to:
(i) The legal name of the licensee,
				  notwithstanding the corporate formation of the licensee or
				  subsidiary;
(ii) A number
				  indicating the sequential order in which it was created; and
(iii) The term subsidiary or
				  sub.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.7 - Receivership

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual
				  may be appointed as receiver, representative, executor, administrator,
				  guardian, conservator, trustee, or assignee, to temporarily operate the
				  licensed business on the licensed premises for a period of time determined by
				  the Office in cases of death, disability, bankruptcy, insolvency, receivership,
				  assignment for the benefit of creditors, shareholder or LLC member disputes, or
				  other exceptional circumstances rendering one or more owners incapable of
				  performing the duties of a licensee. Such appointee shall be at least
				  twenty-one (21) years of age.
(b)
				  Such appointee shall not be permitted to conduct licensed activities without
				  the express authorization by the Office, which may be granted upon submission
				  and approval of a written request for the authority to temporarily conduct
				  licensed activities. Such written request shall include information or
				  disclosures required by the Office, including, but not limited to: name, valid
				  ID, phone number, mailing address, email address, social security number, the
				  name of the person on whose behalf the appointee is appointed, proof that such
				  appointee is the legal receiver, representative, executor, administrator,
				  guardian, conservator, trustee, or assignee, and any direct or indirect
				  interests held by that appointee in a cannabis license, registration or
				  permit.
(c) Authorization to
				  conduct licensed activities by such appointee is conditioned on compliance with
				  these regulations, including, but not limited to, restrictions on ownership and
				  other interests, approval by the Office, and such authorization shall not
				  constitute a guarantee of license issuance or renewal by the Board.
(d) Any licensee or person who files, or
				  against whom is filed, any action or proceeding, or who seeks an appointment,
				  as set forth in subdivision (a) of this section is required to serve the Office
				  with original notice of the action or proceeding and provide the Office with
				  opportunity to be heard regarding the appointment. Such notice shall be
				  provided to employees upon commencement of such proceeding for a receivership.
				  A licensee surrendering its license shall provide its employees any lawfully
				  required warnings of closures and layoffs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 particular person or circumstance is held invalid, the remainder of this Part
					 and its application to other persons and circumstances shall not be affected
					 thereby.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.1 - Energy and Environmental Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Odor Control Standards.
(1) A licensee shall use acceptable odor
				  mitigation technology in all consumption facilities, exception areas, nursery
				  areas, propagation areas, or canopy areas that are indoors or in mixed light;
				  processing facilities; or storage areas to mitigate odors to minimize impacts
				  off-site. Acceptable odor mitigation technology includes, activated carbon
				  filtration, vapor-phase systems, or other mitigation technology approved by the
				  Office. The Office shall be authorized to identify additional odor mitigation
				  technology.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.3 - Security and Storage of Cannabis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General Requirements. A licensee shall
				  implement sufficient security measures to deter diversion, theft, or loss of
				  cannabis and cannabis products, theft, or loss of cash, prevent unauthorized
				  entrance into areas containing cannabis or cannabis products, and to ensure the
				  safety of the licensee's employees and the general public. Unless otherwise
				  approved by the Office, such security measures taken by the licensee shall
				  include, but not be limited to, the following:
(1) positively identifying individuals who
				  are not employees of the facility and are seeking access to the premises to
				  limit access solely to individuals twenty-one (21) years of age or
				  older;
(2) implementing and
				  maintaining a security plan which may be included within the licensee's
				  operating plan and shall include a description of the security measures to:
(i) prevent unauthorized access to the
				  licensed premises by unauthorized persons and protect the physical safety of
				  employees;
(ii) deter theft or loss
				  of cannabis and cannabis products;
(iii) prevent loitering and ensure that only
				  individuals engaging in activity expressly or by necessary implication
				  permitted by the Cannabis Law and this Title are allowed to remain on the
				  premises of the licensee;
(iv) lock
				  all perimeter doors and windows; and
(v) provide for safe cash storage and
				  handling, and transportation of cash to financial institutions; and
(3) securing all entrances to the
				  licensed facility to prevent unauthorized access;
(4) ensuring that both the inside, and the
				  outside perimeter of the licensed facility are sufficiently illuminated to
				  facilitate surveillance;
(5)
				  maintaining trees, bushes, and other foliage outside of the licensed premises
				  so as to prevent a person from concealing themselves from sight; and
(6) any other requirements provided in this
				  section, and as determined by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.4 - Employee Requirements and Obligations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees shall not employ anyone under
				  the age of eighteen (18) years of age. Any employee eighteen (18) years of age
				  or older but under twenty-one (21) years of age may not deliver cannabis
				  products to consumers or have direct interaction with customers inside a
				  licensed retail dispensary or consumption facility or exception area.
(b) Licensees shall use due diligence to
				  ensure that all employees possess the necessary education and training for the
				  duties they will be assigned.
(c)
				  The act, omission, or failure of an agent, officer, representative, or other
				  person acting for or employed by a licensee, within the scope of their
				  employment or position, shall in every case be deemed the act, omission, or
				  failure of the licensee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.5 - Responsible Workforce Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees shall provide all managers,
				  employees, contractors, volunteers, or persons otherwise performing activities
				  under a licensee's authorizations, within thirty (30) days of starting to
				  perform licensed activities and at no cost to the recipient, a Responsible
				  Workforce Training, which shall consist of required elements and be made
				  available in English and the primary language of all recipients.
(b) Licensees shall provide an abbreviated
				  version of this training to employees planned to be performing activities under
				  a licensee's authorizations for fewer than 30 days, as appropriate. The Office
				  shall issue determinations pertaining to the appropriate abbreviation of
				  Responsible Workforce Training for such individuals.
(c) The Responsible Workforce Training shall
				  include:
(1) a Cannabis Product Safety and
				  Responsibility course as determined by the Office;
(2) a Cannabis Workforce Responsibility
				  course as determined by the Office;
(3) implicit bias training or cultural
				  competency training that lasts at least one (1) hour; and
(4) at least two (2) hours of other training
				  intended to assist employees in conducting the license's licensed activities in
				  a manner which protects employee and public safety.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.6 - Worker Health and Safety Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The licensee shall comply with all
				  applicable federal, state, and local laws and regulations related to worker
				  training, safety, health, and pay including, but not limited to, all labor
				  laws, human rights laws, and anti-discrimination laws.
(b) The licensee shall establish, maintain,
				  and comply with a written alcohol-free, drug-free, and smoke-free workplace
				  policy.
(c) All employees involved
				  in the cultivation, processing, or distribution of cannabis and cannabis
				  products shall receive safety and hygiene training as determined by the Office.
				  Signed consent forms shall be obtained by the licensee from all employees
				  involved in the application of chemicals or other potentially hazardous
				  materials, ingredients, or substances as part of their work activities upon
				  completion of the chemical application training, which shall include safe usage
				  and handling information.
(d)
				  Safety data sheets shall be maintained consistent with the Occupational Safety
				  and Health Administration (OSHA) standards pursuant to section 1910.1200 of
				  Title 29 of the Code of Federal Regulations.
(e) The licensee shall maintain an electronic
				  record of any chemicals or other potentially hazardous materials, ingredients,
				  or substances onsite that are used to conduct operations (such as chemicals for
				  cleaning equipment, to control pests, or to perform extraction) and make
				  available to all employees.
(f) The
				  licensee shall assess the workplace to determine if hazards are present, or are
				  likely to be present, which necessitate the use of personal protective
				  equipment.
(1) Verify that the required
				  workplace hazard assessment has been performed through a written certification
				  that identifies the workplace evaluated;
(2) Verify that the person certifying that
				  the evaluation has been performed; the date(s) of the hazard assessment; and,
				  which identifies the document as a certification of hazard
				  assessment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.9 - Quarantine and Recalls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  licensee shall establish written policies and procedures to monitor and track
				  all quality assurance concerns, and complaints from other licensees and
				  consumers, including, but not limited to, procedures for rapid notification to
				  the licensees' supply and distribution chain to recall any lot of cannabis or
				  cannabis product when directed by the Office, or as deemed necessary by the
				  licensee. Such procedures shall include notification to the Office within
				  twenty-four (24) hours of learning of a serious adverse event, quality
				  assurance concern or initialing a recall.
(b) Implemented written procedures for
				  recalling cannabis product, whether initiated by the licensee or mandated by
				  the Office, shall include:
(1) identification
				  of factors that necessitate recall and personnel responsible for implementing
				  the recall procedures;
(2)
				  notification protocols, including a mechanism to notify the Office within
				  twenty-four (24) hours of initiating a recall and to notify any licensee that
				  supplied or received the recalled cannabis product;
(3) instructions to the general public and
				  other licensees for the return or destruction of the recalled cannabis or
				  cannabis products; and
(4) a
				  requirement that all recalled products held by a licensee shall be held in
				  quarantine until the Office authorizes additional actions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.10 - Transport of Cannabis and Cannabis Products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transport of cannabis and cannabis
				  products to an authorized licensee or consumer shall only be performed by a
				  licensee, licensee's authorized employee(s), or other party authorized under
				  Cannabis Law.
(b) A licensee shall
				  ensure the safe and secure transport of any cannabis, or cannabis products,
				  including the safety of those individuals transporting cannabis.
(c) Employees transporting cannabis and
				  cannabis products shall be at least 18 years of age, unless providing delivery
				  of cannabis or cannabis products to a consumer, in which case employee shall be
				  at least twenty-one (21) years of age. Such individual shall provide
				  identification as an employee of a licensee or person authorized to transport
				  cannabis, including the license number of the licensee for whom they are
				  transporting cannabis or cannabis products, upon request by the Office or law
				  enforcement.
(d) Cannabis and
				  cannabis products shall be transported in a manner that will protect the
				  cannabis and cannabis products against physical, chemical, and microbial
				  contamination, and deterioration.
(e) All cannabis and cannabis products shall
				  be transported in a secure manner, in motorized and unmotorized transportation
				  owned, leased, or operated with an exclusive right to use and operate by the
				  licensee, including, but not limited to, a vehicle, trailer, bicycle, and
				  motorcycle.
(1) All transportation shall be
				  equipped with the following:
(i) temperature
				  controls designed, maintained, and equipped as necessary to prevent the
				  cannabis and cannabis products from deteriorating during transport.
(ii) a fully enclosed and locked box,
				  container, or cage, which shall be used for the secure transport of cannabis
				  and cannabis products; and
(iii) an
				  operational Global Positioning System (GPS) device, for identifying the
				  geographic location of the transportation, either permanently or temporarily
				  affixed to the transportation while in operation. At all times, the originating
				  licensee shall be able to identify the geographic location of all individuals
				  transporting cannabis and cannabis products and shall provide such information
				  to the Office upon request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.11 - Management of Cannabis and Other Waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensee shall dispose of any cannabis
				  or cannabis product that is past its date of expiration, damaged, deteriorated,
				  contaminated, or otherwise deemed not appropriate for the licensed activities.
				  This includes any plant-based cannabis waste created as a by-product of
				  cultivation or processing, such as plant waste contaminated with solvents,
				  including, but not limited to, butane, ethanol, propane, or any other solvent
				  as determined by the Office.
(b)
				  All disposal of cannabis shall be conducted in compliance with all applicable
				  state and local laws, rules, and regulations.
(c) Cannabis waste, excluding stalks, stems,
				  fan leaves, root balls, and soil media of the cannabis plant and cannabis
				  products which contain batteries, glass, or other hazardous materials that
				  cannot be ground or mixed, shall be rendered unusable, by grinding and mixing
				  the cannabis plant waste with other ground materials, so the resulting mixture
				  is at least 50% non-cannabis waste by weight. Any other method used to render
				  cannabis unusable shall require prior written approval of the Office.
(1) Licensees that are within 25 miles of an
				  organic recycling facility and are a Tier 4 cultivator or Tier 5 cultivator
				  shall not have their non-contaminated waste landfilled or combusted but shall
				  be:
(i) composted on or off
				  premises;
(ii) used to produce
				  energy through the process of anaerobic digestion; or
(iii) used as an input for a licensee or a
				  licensed third party in the manufacture of other products, including, but not
				  limited to, paper, packaging, pet bedding, or through process of fermentation;
				  and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.12 - Inspections and Audits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensed or
				  permitted premises, regardless of the type of premises, and all records,
				  including, but not limited to, financial statements and corporate documents,
				  shall be subject to inspection or audit by the Office, by the duly authorized
				  representatives of the Office, by any peace officer acting pursuant to their
				  special duties, or by any police officer acting with cause or in accordance
				  with an active investigation of a crime.
(b) A licensee shall make themselves, or an
				  agent thereof, available and present for any inspection or audit required by
				  the Office. Such inspection or audit may include, but is not limited to,
				  inspecting and ensuring that a licensee complies with all requirements of the
				  Cannabis Law and all corresponding regulations.
(c) Any deficiencies identified by an
				  inspection that is required by the Office shall be documented in a statement of
				  findings by the Office and require that the licensee submit a written plan of
				  correction in a format acceptable to the Office within thirty (30) calendar
				  days of the issue date of the statement of findings. A plan of correction shall
				  address all deficiencies or areas of noncompliance cited in the statement of
				  findings and shall:
(1) contain an assessment
				  and analysis of the events and/or circumstances that led to the
				  noncompliance;
(2) contain a
				  procedure addressing how the licensee intends to correct each area of
				  noncompliance;
(3) contain an
				  explanation of how proposed corrective actions will be implemented and
				  maintained to ensure noncompliance does not recur; and
(4) contain the proposed date by which each
				  area of noncompliance shall be corrected.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.13 - General Record Keeping Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensee shall keep and maintain
				  records required by this Title, or any other applicable federal or state rule
				  or regulation, for at least five (5) years from the date of creation, unless a
				  shorter time is specified by the Office.
(b) Records shall be made readily retrievable
				  and available to the Office upon request.
(c) Records shall account for all activities
				  of the licensee, including, but not limited to:
(1) architectural diagrams and floorplans of
				  the licensed premises, including designation of functional areas and square
				  footage available;
(2) financial
				  records, including, but not limited to, true parties of interest, bank
				  statements, sales invoices, receipts, and any other records maintained for tax
				  purposes;
(3) personnel records,
				  including each employee's full name, date of employment, date of termination of
				  employment, if applicable, background check, if one was completed, and
				  disciplinary actions;
(4) training
				  records, including, but not limited to, the content of the training provided
				  and the names of the employees who received the training;
(5) any contracts regarding cannabis
				  activity;
(6) all records related
				  to advertising and marketing;
(7)
				  standard operating procedures, including, but not limited to, the licensee's
				  operating plan;
(8) laboratory
				  testing results for each lot or batch of cannabis or cannabis product
				  tested;
(9) records of equipment
				  used in cultivation and processing of cannabis, as well as equipment
				  maintenance and upkeep records that include at a minimum:
(i) the type of maintenance
				  performed;
(ii) the name of the
				  mechanic who performed the maintenance; and
(iii) the date the maintenance was completed;
				  and
(10) policies and
				  procedures that notify persons with disabilities of their rights under
				  applicable federal and state laws and regulations and includes provisions
				  prohibiting discrimination and providing reasonable accommodations;
(11) policies and procedures demonstrating
				  promotion of diversity in the workplace;
(12) all other documents prepared or executed
				  by or for the licensee in connection with the license; and
(13) any other records required by the
				  Cannabis Law, this Title, or as determined by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.14 - Processing Samples for Internal Quality Control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nursery, cultivator, processor,
				  cooperative, microbusiness, ROD, or ROND licensees may provide quality control
				  processing samples of cannabis or cannabis products directly to the licensee's
				  owners or to employees who are at least twenty-one (21) years of age for the
				  purpose of internal quality control and product development.
(b) A quality control processing sample may
				  not be consumed on the licensed premises, unless it is also a limited retail
				  consumption facility.
(c) A quality
				  control processing sample may not be provided to, or resold to, another
				  licensee or person.
(d) Any quality
				  control processing sample provided under this Part shall be recorded in the
				  licensee's inventory tracking system. When providing an owner or employee a
				  quality control processing sample, a licensee shall record the following in
				  their inventory tracking system;
(1) the
				  reduction in quantity of the total weight or item count as applicable for the
				  cannabis or cannabis product lot;
(2) the date and time the quality control
				  processing sample was provided to the licensee owner or employee;
(3) name of the owner or employee who
				  provided the quality control sample; and
(4) the name of the owner or employee who the
				  sample was issued to.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.15 - Limited Retail Consumption Facility, Exception Area, and Microbusiness Consumption Facility Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  licensee that operates a consumption facility or exception area shall sell,
				  deliver, or give away or cause or permit or procure to be sold, delivered or
				  given away any cannabis product to any such person that a reasonable person
				  would assume is intoxicated based on a visual assessment.
(b) No licensee that operates a consumption
				  facility or exception area shall sell, deliver, or give away or cause or permit
				  or procure to be sold, delivered or given away any cannabis or cannabis product
				  to any person under the age of twenty-one (21) years.
(c) A licensee that operates a consumption
				  facility or exception area shall:
(1) submit
				  reports in a form and manner as determined by the Office regarding the air
				  quality in all indoor areas in which individuals may smoke or vape cannabis
				  products;
(2) post, distribute,
				  make available to consumers, or otherwise utilize any consumer education
				  materials in a manner as determined by the Office, including, but not limited
				  to:
(i) posting the text 'WARNING: This is a
				  cannabis smoking area for adults 21 years of age and older only. Occupants will
				  be exposed to secondhand cannabis smoke. Smoking or vaping tobacco or tobacco
				  products is not allowed in this area.' in at least 72-point non-cursive font at
				  all doors which permit ingress or egress between areas that allow smoking and
				  vaping and areas that do not allow smoking and vaping;
(ii) posting a licensed premises verification
				  tool in accordance with section
				  125.16 of this Part, or other
				  similar material, in a form and manner as directed by the Office; and
(iii) posting, distributing, making available
				  to consumers, or otherwise utilizing other consumer education materials as
				  determined by the Office;
(3) ensure that any windows in indoor areas
				  of the consumption facility or exception area shall remain closed while people
				  are smoking or vaping, except windows which open to the exterior of the
				  structure, do not open directly from the ground level of the structure onto a
				  public thoroughfare, and can be opened without disrupting neighboring
				  businesses or endangering public health and safety; and
(4) ensure that any doors which permit
				  ingress or egress between areas that allow smoking and vaping and areas that do
				  not allow smoking and vaping shall remain closed while people are smoking or
				  vaping except to the extent necessary to permit ingress and egress to and from
				  areas of smoking or vaping; and
(5)
				  comply with any other requirements determined by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.16 - Licensed Premises Verification Tools

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To protect the health and safety of
				  cannabis consumers, the Office may make available from time-to-time certain
				  images, symbols, badges, posters, or other tools that are intended to be
				  displayed to distinguish persons licensed pursuant to article 4 of the Cannabis
				  Law and their employees from other persons. Such tools may include, as
				  determined by the Office, technology, such as a QR code, intended to assist in
				  their purpose of distinguishing licensed persons from other persons and shall
				  include, but not be limited to, the following:
(1) A dispensary verification tool shall be
				  displayed-and only be displayed-at a licensed retail dispensary and comply with
				  the following requirements:
(i) The
				  dispensary verification tool shall not be altered in any way from the form and
				  manner prescribed;
(ii) The
				  dispensary verification tool may be printed or displayed digitally but shall be
				  displayed clearly, in plain sight, in good working order, and in a manner that
				  does not overlap any other information, including outdoor signs pursuant to
				  section 129.4 of this Title;
(iii) The dispensary verification tool shall
				  be of sufficient quality that the QR code can be easily read by a commonly used
				  device, such as a smartphone, from at least three (3) feet away;
(iv) The dispensary verification tool shall
				  be displayed at eye level within three (3) feet, measured in a straight line
				  horizontally, of the primary entrance of the retail dispensary that is
				  available to the general public; and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 125 - General Operating Requirements and Prohibitions › Section 125.17 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 particular person or circumstance is held invalid, the remainder of this Part
					 and its application to other persons and circumstances shall not be affected
					 thereby.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of Part 128 and Part 129 of this Title, the
				  following terms shall have the following meanings:
(a)
Advertising
means the
				process of disseminating advertisements in any manner or by any
				means.
(b)
Advertisement
means any publication, video, use of a brand
				representative, or any other form of media for the purpose of causing, directly
				or indirectly, the purchase or use of a brand or cannabis product including,
				but not limited to: websites, social media, print media, broadcast media, TV,
				radio, streaming media, out of home media, outdoor signs, merchandise, event
				sponsorship, street art, murals, and digital communications.
(c) Attractive to individuals under
				twenty-one means labeling, packaging, advertising and marketing that is
				pleasing or appealing to persons under the age of twenty-one by using or
				including, among other things:
(1)
				Cartoons;
(2) Bubble-type or other
				cartoon-like font;
(3) Bright
				colors that are "neon" in appearance;
(4) Similarities to products, or words that
				refer to products that are commonly associated with, or marketed in a manner so
				as to be attractive to, individuals under twenty-one, including but not limited
				to, any imitation of food, candy, soda, drinks, cookies, or cereal (with the
				exception of using the name of a cultivar or licensee, including the licensee's
				doing business as name), in labeling, packaging, advertising, or
				marketing;
(5) Terms "candy" or
				"candies" or variants in spelling such as "kandy" or "kandeez" (with the
				exception of cultivar names or a licensee's name, entity name, or doing
				business as name);
(6) Symbols,
				images, characters, public figures, phrases, toys, or games that are commonly
				used to market products to individuals under the age of twenty-one;
				or
(7) Images of individuals who
				could reasonably appear to be under the age of twenty-one, unless the
				individual is at least twenty-five years of age.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.2 - Cannabis Product Retail Packaging Minimum Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A retail package shall:
(1) be child-resistant;
(2) be tamper-evident;
(3) be resealable, if it contains more than
				one serving;
(4) fully enclose the
				product, minimize oxygen exposure and prevent the contamination and/or
				degradation of the cannabis product; and
(5) not impart any toxic or deleterious
				substance onto the cannabis product.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.3 - Cannabis Product Packaging Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cannabis product packaging shall not:
(1) contain any features that emit scent or
				sound;
(2) contain any features
				that change or alter a package's appearance through technology, other than for
				anti-counterfeiting purposes;
(3)
				be made attractive to individuals under twenty-one;
(4) be made of plastic, unless containing a
				minimum 25% post-consumer recycled content; and
(5) violate any additional requirements as
				set out by the Office or more stringent packaging requirements established in
				any New York State law or regulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.4 - Retail Packaging Sustainability Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensee shall submit an environmental
				sustainability program for cannabis product packaging as part of the
				application process, if applicable for the license type. Such programs may
				include, but are not limited to, reuse strategies collecting reusable cannabis
				packaging components to be sanitized and refilled or reused as cannabis
				packaging or sustainable packaging strategies that use non-plastic, compostable
				or recyclable materials, or packaging materials exceeding 25% post-consumer
				recycled content. Within two years of issuance of the license, the licensee
				shall submit to the Board or Office a revised environmental sustainability
				product packaging plan that reduces use of plastics in packaging.
(b) Retail packages can be reused after
				appropriate sanitation if, based on visual inspection, the retail package is in
				good working order and does not appear to pose a risk of unintended exposure or
				ingestion of cannabis products. The retail packages shall be sanitized and
				disinfected either by a licensee or by a third-party to ensure that they do not
				contain any harmful residue or contaminants. The visual inspection shall ensure
				such retail packages are not brittle or have chips, cracks, or other
				imperfections that could compromise the child-resistant properties of the
				retail package or otherwise pose a threat of harm to any individual.
(c) Claims about recyclable or recycled
				content packaging shall comply with Title 16, as it relates to Commercial
				Practices, of the Codes of Federal Regulations section Part 260 regarding
				Guides for the Use of Environmental Marketing Claims.
(d) A licensee who packages cannabis products
				for retail sale shall annually report to the Office key metrics including, but
				not limited to:
(1) the total amount, by
				weight, of packaging material sold, offered for sale, or distributed into the
				state by the licensee in the prior calendar year;
(2) the total number of cannabis products
				sold in reusable packages and the number of reusable packages that the licensee
				refilled;
(3) the total cost of
				packaging material; and
(4) any
				additional information as set out by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.5 - Cannabis Product Labeling Minimum Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The principal packaging display panel
				shall contain the following information:
(1)
				in milligrams per single serving of total THC (THC +[THCA x 0.877]), total CBD
				(CBD + [CBDA x 0.877]) content, and any other marketed
				phytocannabinoids;
(2) if terpenes
				are marketed, a terpene profile;
(3) in
bold,
milligrams per
				package of total THC (THC + [THCA x 0.877]) and total CBD (CBD + [CBDA x
				0.877]) content;
(4) the amount of
				total THC (THC + [THCA x 0.877]) and any other marketed phytocannabinoids as a
				percentage of volume, except if the cannabis product is in the form of an
				edible;
(5) number of servings per
				package and, if applicable, the recommended size of a serving, except for
				cannabis flower and other forms of cannabis for vaporization; and
(6) weight of cannabis product.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.6 - Cannabis Product Labeling Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No cannabis product package, including an
				exit package, shall display any content or be labeled in any manner that:
(1) is attractive to individuals under
				twenty-one as defined in 128.1(c) of this Part;
(2) includes any false or misleading
				statements, images, or other content including, but not limited to, any health
				claims;
(3) includes the term
				"organic" unless describing the product's ingredients and in compliance with
				Title 7, as it relates to Agriculture, of the Codes of Federal Regulations
				sections 205.600 to 205.607 (sections 205.608 -205.619), regarding the USDA
				National list of Allowed and Prohibited Substances such that the product
				contains at least 70 percent certified organic ingredients (not including salt
				or water);
(4) includes the term
				"craft" unless the processor is designated by the Office as processing craft
				products;
(5) includes the term
				"gluten-free" unless the product meets the term as defined in Title 21, as it
				relates to Food and Drugs, of the Codes of Federal Regulations section
				101.91;
(6) includes the term
				"vegan" unless the product contains no animal products;
(7) includes the term "kosher" unless the
				product is packaged and labeled in compliance with section 201-a  of the
				Agriculture and Markets Law;
(8)
				causes a reasonable consumer confusion as to whether the cannabis product is
				trademarked, marked or labeled in a manner that violates any federal trademark
				law or regulation;
(9) portrays
				cannabis or cannabis products as being authorized under or part of Article 3 or
				Article 5 of the Cannabis Law;
(10)
				depicts cannabis products or paraphernalia;
(11) promotes overconsumption;
(12) promotes price, price reductions, or any
				other discount, customer loyalty program, or coupon, except as part of an
				environmental sustainability program pursuant to Section
				128.4(a) of this
				Title or otherwise approved by the Office;
(13) includes a special branding material,
				unless the use of such special branding material is authorized and complies
				with this Part; or
(14) violates
				any other prohibitions as set out by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.7 - Retail Packaging and Labeling Violations and Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board may suspend, cancel, or revoke
				a license and impose any other penalties as authorized by Subchapter J of this
				Title and the Cannabis Law for the following violations:
(1) failing to comply with this Part;
				and
(2) transferring, selling, or
				offering to sell a cannabis product to another licensee that is not packaged or
				labeled in accordance with this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
				  particular person or circumstance is held invalid, the remainder of this Part
				  and its application to other persons and circumstances shall not be affected
				  thereby.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 128 - Adult-Use Packaging and Labeling › Section 128.9 - Referenced Material

Current through Register Vol. 46, No. 28, July 10, 2024
Regulations included in Part 128 of this Title contain
				  references to documents for information as to the standards to be met or
				  guidelines and methodologies to be used in meeting the requirements of specific
				  regulations. In addition, copies of referenced materials are available for
				  public inspection and copying at the Albany office of the New York State
				  Department of State.
Table 1
Regulation
Referenced Material
Availability
9 NYCRR Part/sec./etc.
CFR (Code of Federal Regulations) or
								other
128.1(g)(1)
Title 16 §§ 1700.15 and 1700.20 (January
								1, 2021)
*
128.2(b)
Title 16 §§ 1700.15 and 1700.20 (January
								1, 2021)
*
128.4(c)
Title 16 Part 260 (January 1, 2021)
*
128.5(b)(1)
21 U.S.C. Part 343 (January 1, 2021)
*
128.5(b)(1)(i)
Title 21 § 101.9(c) (January 1, 2021)
*
128.5(b)(1)(ii)
Title 21 § 101.36 (January 1, 2021)
*
128.6(a)(3)
Title 7 §§ 205.600 - 205.619 (January 1,
								2021)
*
128.6(a)(5)
Title 21 § 101.91 (January 1, 2021)
*
* Any printed editions of the Code of Federal Regulations
				  (CFR) can be obtained by calling the Superintendent of Documents, U.S.
				  Government Printing Office, at (202) 512-1800. Electronic copies of CFR
				  sections may also be obtained at Government Printing Office (GPO) which
				  contains the most recent revisions, can be searched directly at:
https://www.ecfr.gov/
**
Any printed editions of the Annual Book of
				  American Society for Testing and Materials can be purchased by calling the
				  Society at (610) 832-9500. Electronic copies of ASTM sections may be purchased
				  online at:
https://www.astm.org/
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 129 - Adult-Use Marketing and Advertising › Section 129.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the terms used herein shall have
				  the meanings ascribed to them in Section
				  128.1 of this
				  Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 129 - Adult-Use Marketing and Advertising › Section 129.2 - Adult-Use Marketing and Advertising General Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensee may use its brand on labeling,
				signs, advertisements, and other material subject to Parts 128 and this Part of
				this Title.
(b) A licensee may
				engage in reasonable marketing and advertising practices that are not otherwise
				prohibited in this Part, provided the marketing, advertising, and any
				advertisements do not jeopardize public health or safety, promote youth use, or
				be attractive to individuals under twenty-one.
(c) Any advertisement shall, unless otherwise
				approved by the Office, include a required warning that depends on that
				advertisement's form:
(1) if the
				advertisement contains only visual elements or a combination of audio and
				visual elements, then the following statements shall be included in a
				conspicuous manner on the face of the advertisement or clearly read aloud at
				the same volume and pace and in the same language as the rest of the
				advertisement: "For use only by adults 21 years of age and older. Keep out of
				reach of children and pets. In case of accidental ingestion or overconsumption,
				contact thePoison Center at 1-800-222-1222 or call 9-1-1. Please consume
				responsibly."; or
(2) if the
				advertisement contains only auditory elements, then the following statements
				shall be clearly read aloud at the same volume and pace and in the same
				language as the rest of the advertisement: "For use only by adults 21 and
				older. Keep out of reach of children and pets. In case of accidental ingestion
				or overconsumption, contact the Poison Center. Consume responsibly."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 129 - Adult-Use Marketing and Advertising › Section 129.4 - Outdoor Signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only
				licensees authorized to conduct retail sales or delivery to consumers may
				advertise outdoors using signs provided such signs:
(1) are for the purpose of alerting
				individuals to the location of a retail dispensary authorized to sell cannabis
				products to consumers;
(2) are
				limited to, at a maximum, the following information:
(i) licensee's name, entity name, or doing
				business as name;
(ii) dispensary
				address, phone number, email address, and website URL; and
(iii) the nature of the business;
(3) are affixed to a building or
				permanent structure;
(4) are not on
				vehicles; and
(5) do not total more
				than two in number per licensed premises.