S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6787
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 17, 2017
                                ___________
 
 Introduced  by Sen. O'MARA -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   inspection  and  sale  of  industrial  hemp  seeds, the support of the
   industrial hemp industry and the inclusion of  industrial  hemp  as  a
   crop
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Declaration of legislative findings and intent. It is here-
 by found and declared that industrial hemp is an agricultural commodity,
 the domestic cultivation of which has the potential not only to generate
 new jobs in agriculture and enhance the profitability of New York farms,
 but to expand opportunities for processors and manufacturers producing a
 wide array of traditional and new products using industrial hemp.
   It is the declared policy of the state to become a leader in encourag-
 ing and supporting research into the growth, cultivation, uses, process-
 ing and development of industrial hemp and products derived from  indus-
 trial  hemp  to  benefit  its  people  and to support New York farms and
 businesses to the full extent permitted by law.
   § 2. Subdivision 3 of section 136 of the agriculture and markets  law,
 as  amended  by  chapter  160 of the laws of 1983, is amended to read as
 follows:
   3. The terms "agricultural seeds" and "crop seeds" include  the  seeds
 of  grass,  forage,  cereal,  field  beans,  and  fiber crops, INCLUDING
 "INDUSTRIAL HEMP" AS DEFINED IN SECTION FIVE HUNDRED FIVE OF THIS  CHAP-
 TER,  or  any other kinds of seeds commonly recognized within this state
 as agricultural seeds, lawn seeds, and mixtures of such seeds.
   § 3. Subdivision 2 of section 301 of the agriculture and  markets  law
 is amended by adding a new paragraph l to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12018-01-7
              

 S. 6787                             2
 
   L.  INDUSTRIAL  HEMP  AS  DEFINED IN SECTION FIVE HUNDRED FIVE OF THIS
 CHAPTER.
   §  4.  The  agriculture  and  markets  law  is amended by adding a new
 section 510 to read as follows:
   § 510. INDUSTRIAL HEMP SEED CERTIFICATION PROGRAM.   THE  COMMISSIONER
 SHALL  ESTABLISH  AN  INDUSTRIAL  HEMP SEED CERTIFICATION PROGRAM IN THE
 DEPARTMENT TO, AMONG OTHER THINGS,  SET  INDUSTRIAL  HEMP  SEED  CERTIF-
 ICATION  STANDARDS  AND ESTABLISH SEED QUALITY BENCHMARKS TO ENSURE THAT
 THE LOCAL HEMP CULTIVARS ARE DEVELOPED TO BE WELL ADAPTED FOR  NEW  YORK
 STATE'S  CLIMATE  AND FARM MANAGEMENT PRACTICES AND THAT THEY ARE STABLE
 WITH RESPECT TO THE CONCENTRATION OF DELTA-9 TETRAHYDROCANNABINOL.
   § 5. The agriculture and markets  law  is  amended  by  adding  a  new
 section 511 to read as follows:
   §  511.  INDUSTRIAL  HEMP  DATA COLLECTION AND BEST FARMING PRACTICES.
 THE DEPARTMENT, THROUGH  THE  COMMISSIONER,  SHALL  HAVE  THE  POWER  TO
 COLLECT  AND  PUBLISH  DATA AND RESEARCH CONCERNING, AMONG OTHER THINGS,
 THE GROWTH, CULTIVATION, PRODUCTION AND PROCESSING METHODS OF INDUSTRIAL
 HEMP  AND  PRODUCTS  DERIVED  FROM  INDUSTRIAL  HEMP.  BASED  UPON  THIS
 COLLECTION  OF  DATA  AND  RESEARCH,  THE DEPARTMENT SHALL WORK WITH THE
 CORNELL COOPERATIVE EXTENSION TO  PROMOTE  BEST  FARMING  PRACTICES  FOR
 INDUSTRIAL  HEMP WHICH ARE COMPATIBLE WITH STATE WATER QUALITY AND OTHER
 ENVIRONMENTAL OBJECTIVES.
   § 6. The agriculture and markets  law  is  amended  by  adding  a  new
 section 512 to read as follows:
   §  512.  INDUSTRIAL  HEMP ECONOMIC DEVELOPMENT. THE COMMISSIONER SHALL
 CONSULT AND COOPERATE WITH THE NEW YORK STATE URBAN  DEVELOPMENT  CORPO-
 RATION  WITH  RESPECT  TO THE FUNDING AND SUPPORT OF RESEARCH CONCERNING
 INDUSTRIAL HEMP AND BUSINESSES INVOLVED IN THE PROCESSING  AND  MANUFAC-
 TURING OF INDUSTRIAL HEMP PRODUCTS.
   §  7.  The  agriculture  and  markets  law  is amended by adding a new
 section 513 to read as follows:
   § 513. INDUSTRIAL HEMP ONE-STOP SHOP. THE COMMISSIONER SHALL ESTABLISH
 A DEPARTMENT ONE-STOP SHOP HOTLINE AND WEBPAGE  TO  PROVIDE  INFORMATION
 AND  TECHNICAL ASSISTANCE TO PRODUCERS AND MANUFACTURERS WITH RESPECT TO
 THE LAW AND REGULATIONS SURROUNDING  INDUSTRIAL  HEMP  FOR  SO  LONG  AS
 INDUSTRIAL  HEMP  IS  SUBJECT  TO  REGULATION UNDER THE FEDERAL OR STATE
 CONTROLLED SUBSTANCES ACT.
   § 8. The agriculture and markets  law  is  amended  by  adding  a  new
 section 514 to read as follows:
   § 514. INDUSTRIAL HEMP WORKGROUP. THE COMMISSIONER SHALL APPOINT A NEW
 YORK  STATE  INDUSTRIAL HEMP WORKGROUP, COMPOSED OF RESEARCHERS, PRODUC-
 ERS, PROCESSORS AND  MANUFACTURERS,  SERVING  TWO-YEAR  TERMS,  TO  MAKE
 RECOMMENDATIONS  CONCERNING  RESEARCH  TOPICS  FOR  THE  INDUSTRIAL HEMP
 RESEARCH PILOT PROGRAM, STATE AND FEDERAL  POLICIES  AND  POLICY  INITI-
 ATIVES,  AND OPPORTUNITIES FOR THE PROMOTION AND MARKETING OF INDUSTRIAL
 HEMP AS CONSISTENT WITH FEDERAL AND STATE LAWS, RULES  AND  REGULATIONS,
 WHICH  WORKGROUP  SHALL CONTINUE FOR SUCH TIME AS THE COMMISSIONER DEEMS
 APPROPRIATE.
   § 9. This act shall take effect immediately.