NY publishes rules for selling hemp extracts in food, drinks
Published October 27, 2020
Editor’s note: This story has been updated to correct that these regulations do not cover cosmetics.
New York’s state health department has released regulations for making and selling hemp extracts in foods, drinks and vapes.
The health department is accepting public comment on the regulations between Nov. 10 and Jan. 11, 2021.
The plan lays out differing THC limits for different points in the supply chain:
- “intermediate sales” between licensed hemp processors within New York state can be up to to 3% THC.
- products sold to consumers can’t contain more than 0.3% THC.
CBD-infused food and beverages can’t contain more than 25 milligrams of cannabinoids, including CBD. Packaging can’t be made to attract minors, and products can’t be mixed with alcohol or tobacco, and they can’t be sold in patches, inhalers or as injectables.
The New York Cannabis Growers & Processors Association said in a statement the rules are “an important step for New York State as it becomes a global leader in the hemp extract market.”
“It also sends a clear message to the industry that the FDA’s lack of oversight and inconsistent enforcement will no longer apply to the 20 million residents of New York,” said Kaelen Castetter, the vice president of the association, referring to the U.S. Food and Drug Administration’s inaction on hemp regulations.
Applications for processors have a $1,000 application fee and $500 for hemp manufacturers.
Once an application is approved, businesses must pay a $4,500 licensing fee and $2,000 for manufacturers. Retail establishments have to pay $300 for a license for each location where products are sold.
New York recently announced that its hemp farmers will continue to operate under existing rules for the 2021 growing season.
New York decided to not submit a state cultivation plan before the one-year extension was granted, with officials saying the 2018 guidelines were “unrealistic” and “unreasonable.” The USDA lists New York as being under federal rules, but New York agriculture regulators plan to continue operating under that state’s pilot program, WBFO reported.New York's state health department has released regulations for making and selling hemp extracts in food, drinks, vapes, and cosmetics.
Growing Hemp? Start Here
Navigate this page:
On this page, we maintain an up-to-date list of links that should be useful to growers who currently raise hemp, or growers who are looking to cultivate hemp as research partners with New York State’s hemp pilot program.
For information about New York State Regulation and the Pilot Program:
- NYS Department of Ag. and Markets – Plants and Natural Resources
- Department of Ag. and Markets Hemp Program – scroll down on this page to learn more about the hemp program as it applies to growers and processors, and to find documents for applying to join the NY hemp pilot program.
- Hemp Program Guidance
- NYS Hemp Research Initiative
Hemp production guides and extension resources:
- Beginning Hemp? Keys to Successful Production in New York State – Publication from Cornell Cooperative Extension. Please note: this resource is now out of date. An updated version is coming soon.
- Hemp factsheet from the Ontario Ministry of Agriculture, Food, and Rural Affairs
- Canadian Hemp Trade Alliance Hemp Production eGuide
- Growing Industrial Hemp in Ontario – The Ontario Ministry of Agriculture, Food and Rural Affairs’ fact sheet on hemp production
- Colorado State University’s Hemp Insect website – a resource to help growers recognize and understand the insects, mites, and “bugs” associated with hemp production.
- Purdue Hemp Project
- North Carolina State Hemp Extension Program
- Oregon CBD Hemp Growers Guide and Farm Calculator
- Guide to Hemp Production Videos – A series of grower training videos from the University of Kentucky’s May 2020 Webinar titled, “A Grower’s Guide to Kentucky Hemp Production.” Links to YouTube videos of the individual talks are listed below:
- Introduction to Hemp Production Systems
- Kentucky Department of Agriculture 2020 Hemp Licensing Program
- Budgets, Risk Management, and Contracts
- Agronomic Management of Hemp: Part 1 – Site Selection and Soil Fertility
- Agronomic Management of Hemp: Part 2 – Cultivar Selection –
- Agronomic Management of Hemp: Part 3 – Planting Considerations
- Agronomic Management of Hemp: Part: 4 – Weed Management
- Hemp Pesticides in KY: Working through the Confusion
- Hemp Disease in Kentucky: Grasping the Reality of Yield Loss
- Laboratory Testing of Hemp
- Harvest Timing
Grain/Fiber Seed Sources:
- Hemp Genetics International in Saskatoon, SK
- International Hemp Solutions/Bija Hemp in Denver, CO
- Parkland Hemp Growers in Dauphin, MB
- Schiavi Seed in Lexington, KY
- Terramax in Qu’Appelle, Saskatchewan; distributed in the U.S. through Original Green Distribution and Legacy Hemp
- UniSeeds Inc. in Cobden, Ontario
- Valley Bio in Cobden, Ontario
- Fiacre Enterprises, Inc in Charlottesville, VA: Contact Mike Timko ([email protected])
- New West Genetics in Fort Collins, CO
Soil and residue testing labs:
- DairyOne – Soil and tissue nutrient analysis:
730 Warren Road, Ithaca, New York 14850
- Cornell Soil Health Lab
- Cornell Nutrient Analysis Lab – Soil heavy metal testing
G01 Bradfield Hall, 306 Tower Rd., Cornell University, Ithaca, NY 14853
- Pacific Agricultural Lab (PAL)– Soil pesticide residue testing
21830 S.W. Alexander Ln., Sherwood, OR 97140
Hemp Genetic Testing Services:
- GenKit™ from Steep Hill – to identify male seedlings
- Phylos hemp plant sex test
- Medicinal Genomics gender detection screenings
Federally: In December 2019, the EPA began to approve pesticides for use on hemp. You can view a list of the approved pesticides at https://www.epa.gov/pesticide-registration/pesticide-products-registered-use-hemp. More pesticides will be added as the EPA reviews applications to include hemp on product labels.
New York State: The New York State DEC has updated their pesticide information database to add a designation for hemp. To access the database and to see if a pesticide is approved for use on hemp, go to:
http://www.dec.ny.gov/nyspad/products?1. Click on Advanced Search to open up the search options. In the Use/Type box select HEMP (INDUSTRIAL) in the Pesticide Use dropdown box and then click search. (For guidance, see screenshot below:)
If people have asked regarding the use of a certain pesticide on hemp, NYSDEC includes its status in the database. For products that are not in the database, If anyone has a question regarding whether a product is approved on hemp and is not currently in the database, contact Jeanine Broughel ([email protected]) for a determination. If approved, NYSDEC will update their database.
Cannabinoid Testing Labs:
- East Coast Labs
172 Taunton Avenue, East Providence, Rhode Island 02914
Contact: Matthew Madison
420 Fortune Blvd, Milford, MA 01757
Contact: Chris Hudalla
- PCR Labs
2020 Downyflake Ln, #302, Allentown, PA 18103
- CDX Analytics
39 Norman St., Salem, MA 01907
Contact: Brian Strasnick
- Steep Hill
9691 Gerwig Lane, Suite A, Columbia, MD 21046
Contact: Michael Corrado
- Eurofins BioDiagnostics (3 locations)
507 Highland Drive, River Falls, WI 54022 – Phone: (715) 426-0246
1821 Vista View Drive, Longmont, CO 80504 – Phone: (303) 651-6417
7240 Holsclaw Road, Gilroy, CA 95020 – Phone: (408) 846-9964
- Biotrax Testing Laboratory, Inc.
3580 Harlem Road Suite 2 Cheektowaga, NY 14215 USA
Information on hemp diseases:
- The Cornell Plant Disease Clinic will test hemp tissues you submit and diagnose diseases that are present.
For information about hemp crop insurance, please read this document.
Hemp Exchange Board:*
The need to exchange information on buying and selling plant products is evident. If you are an interested buyer or seller, visit https://www.ads.nyhempexchange.org/. Click Post an Ad, and then create an account or log in. Once logged in, you can create your listing.
The exchange board is mostly for buying and selling plant matter but you’ll see that it could be used for equipment or other hemp-specific supplies.
*The NY Hemp Exchange Board is posted for your information and research purposes. Cornell Cooperative Extension does not endorse or recommend any product, service, individual, business, or other entity. All “Hemp Exchanges” are posted at the discretion of CCE. “Hemp Exchange” requests may be denied or removed at any time for any reason.Growing Hemp? Start Here Navigate this page: On this page, we maintain an up-to-date list of links that should be useful to growers who currently raise hemp, or growers who are looking to ]]>