§ 509. Hemp grower's authorization, license; fees; requirements. 1. No
person shall: (a) grow, cultivate, process, produce, sell or distribute
hemp in the state unless authorized by the commissioner as part of an
agricultural research pilot program established under this article; or
(b) grow, cultivate and process hemp in connection with its growing and
cultivation or sell hemp plants or hemp seed unless licensed by the
commissioner. Mere transportation, such as by common carrier or another
entity or individual, does not constitute activity subject to licensing
under this article.

2. A hemp grower license does not authorize the processing or retail
sale of hemp for human consumption, as defined in section thirty-three
hundred ninety-eight of the public health law, unless the licensee also
obtains a cannabinoid hemp processor license, cannabinoid hemp retailer
license, or any other license required pursuant of article
thirty-three-B of the public health law.

3. Applications for licenses, authorizations or a modification
thereof, as set out in regulation, shall be upon a form specified by the
commissioner, accompanied by a reasonable application fee for new
applications or significant modifications to an application, which shall
be established by regulation and which may be made non-refundable by
regulation.

4. The commissioner may also assess a reasonable authorization or
licensing fee established by regulation, scaled to cover the estimated,
or if known, actual costs of inspections, regulatory testing and other
administrative expenses of the authorized or licensed activity, which
fee shall be paid prior to the issuance of the authorization or license.

5. The applicant, if an individual, shall be asked to furnish together
with the application evidence of his or her good moral character and, if
an entity, the applicant shall be asked to furnish together with the
application evidence of the good moral character of the individuals who
have or will have substantial responsibility for the licensed or
authorized activity and those in control of the entity, including
principals, officers, or others exercising such control. The names of
such individuals shall be set forth in the application.

6. The applicant shall furnish evidence of his, her or its experience
and competency, and that the applicant has adequate facilities,
equipment, process controls, testing capability and security, to grow,
cultivate and process hemp in connection with its growing and
cultivation or to sell hemp plants or hemp seed.

7. The department shall provide an application for renewal of any
license issued under this article not less than ninety days prior to the
expiration of the current license. A renewal application shall be
submitted to the commissioner at least thirty days prior to the
expiration of the authorization or license, on a form or forms provided
by the commissioner for such purpose.