In New York State, individuals or businesses intending to sell hemp seeds must obtain a Hemp Seed Retail License from the Department of Agriculture and Markets.
New York State’s Industrial Hemp Research Pilot Program has been replaced with a new program approved by the United States Department of Agriculture (USDA) as provided for in the Farm Bill and related regulations. The new plan, which can be found on the USDA’s website, includes new guidelines for growers, including sampling and testing requirements. In addition, all growers must complete the FBI Identity History Summary Check.
All growers previously licensed under New York State’s Industrial Hemp Research Pilot Program must reapply under this new program to grow hemp in 2022 and beyond.
The application is available through the New York Department of Agriculture & markets. The license costs $100 and is valid for 3 years. There is also a three year nursery grower license for $100 to sell rooted seedlings/plants and a three year commercial hemp grower license for $500.
Applicants must be 18 and applicants should not have a drug related felony conviction within the past 10 years. Growing of hemp in or attached to a dwelling, in a residential setting, or as an ornamental plant is not permitted. Applicants must have control over the proposed locations through ownership or lease agreements.
Purchasing Seed or plant procurement is the responsibility of the license holder. License holders who plan to obtain seed through an international import should check with the seed supplier to determine what documentation is required. All interstate shipments of hemp seeds or plants must be from a plant grower or retailer licensed in the state of origin or be accompanied by a phytosanitary certificate. Hemp seeds and plants may only be procured by license holders.
Hemp seeds purchased in New York State must be from a licensed party who holds a Hemp Seed Retail License. Hemp plants purchased in New York State must be from a New York-licensed hemp grower who also holds a Hemp Nursery Grower License. Selling Individuals or businesses, with a physical presence in New York State, who wish to sell hemp seeds or hemp transplants must have a valid license issued by the Department. Selling hemp seeds requires a Hemp Seed Retail License and selling hemp plants requires a Hemp Nursery Grower License. All sales shall be to authorized hemp license holders only.
All license holders must keep and maintain accurate records on the cultivation, sampling, shipping, testing, harvest, disposal, and remediation of hemp for at least three years. These records may be reviewed by a Horticultural Inspector during an audit or inspection to ensure program compliance.
There are specific operational requirements concerning reporting, disposal, testing and inspections. Hemp seeds can only be sold to individuals or entities holding valid state or federal licenses authorizing them to grow and cultivate hemp. Record Keeping: Maintain a log of all hemp seed sales for at least three years, including purchaser’s name, address, phone number, license number, quantity and variety of seeds sold, and the date of each transaction. The Department reserves the right to access licensed premises and storage facilities to inspect and audit sales records periodically.
If you are interested in obtaining a hemp seed retail license in New York, or have questions about your business if you are already licensed, give me a call. My team would be happy to assist you in launching a hemp seed retail program and staying in compliance with the regulatory laws that apply to this industry.
Tracy Jong is a Senior attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at [email protected].
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.