Hoban Law: New York State Department of Health Launches the Cannabinoid Hemp Retail License Application and Distributor Permit Application

Author: Ashley Simpson

Ashley Simpson

While applications had not been made available on January 1, 2021, as originally planned, the New York State Department of Health (NYSDH) officially launched the Cannabinoid Hemp Retail License Application and Distributor Permit Application on Monday (1/25).

New York’s hemp law requires that all persons processing or selling “cannabinoid hemp” products (including online sales) in New York obtain a license from NYSDH.

In addition to requiring a license for retail sales of cannabinoid hemp products, the proposed hemp regulations include various other requirements for products sold in NY, including requirements that the label of hemp-derived products include:

(1) a warning stating that the product is derived from hemp and may contain THC which could result in the consumer failing a drug test for marijuana

(2) the lack of evaluation by the Food and Drug Administration of the product for safety or efficacy

(3) a disclaimer concerning the use by those who are pregnant or nursing

(4) if the product is an inhalable cannabinoid hemp product, a warning stating that smoking or vaporizing is hazardous to one’s health; and other various required label statements.

Stricter Rules for Hemp and labeling.

Further, the proposed regulations include requirements concerning cannabinoid potency disclosures on the label, regulations for tamper-evident packaging, a requirement to include the name of the cannabinoid hemp processor or out-of-state manufacturer, if applicable, among various other requirements.

The public comment period for the proposed regulations ended on January 11th, 2021.

NYSDH is currently conducting an assessment of all public comments received.

The proposed regulatory requirements will not go into effect until the regulations are officially adopted and published in the New York State Register.

If your business needs guidance in complying with these new state regulations, please contact our office today.

 

Written by Ashley Simpson

Source: https://hoban.law/2021/01/new-york-state-department-of-health-launches-the-cannabinoid-hemp-retail-license-application-and-distributor-permit-application/

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