A proposed addition to the Official Compilation of Codes, Rules and Regulations of the State of New York tackles the processing and retail of cannabinoid hemp in the state. The document was found in the New York State Department of Health site, under the Proposed Rule Making section. The Council for Responsible Nutrition (CRN) has issued a response to the proposal.

The amendment seeks to add a new Part 1005 to Title 10 NYCRR to further strengthen its regulation of cannabinoid hemp. According to the proposal, it covers key terms such as “cannabinoid hemp product,” “cannabinoid hemp processor,” “cannabinoid hemp retailer,” “hemp extract,” and “used for human consumption.”

NY Health Department New CBD Regulation

The proposal offers a definition of terminologies regarding cannabinoid hemp. It defined cannabidiol or CBD as “the naturally occurring phytocannabinoid cannabidiol found in hemp but does not include synthetic cannabidiol.” Moreover, it said that broad spectrum is “a concentrate extracted from hemp containing multiple cannabinoids, but where all delta 9-tetrahydrocannabinol (THC) has been removed.”

The proposal defined hemp extract as “all derivatives, extracts, cannabinoids, isomers, acids, salts of isomers derived from hemp and used for human consumption, with delta 9-tetrahydrocannabinol concentration of not more than an amount determined by the department.”

This definition specified that any food, ingredient, or addition recognized by the federal law as safe are excluded from the products considered hemp extract. Moreover, any hemp-derived hemp cannabinoid not meant for human consumption are not considered hemp extract.

As this proposal is intended for cannabinoid hemp regulation, the CRN suggested some revision starting from the definition of broad spectrum. According to the BRN, the definition can be revised as “an extract from hemp containing multiple cannabinoids, but where all delta 9-tetrahydrocannabinol (THC) has been removed to non-detectable levels to be in compliance with the United States Department of Agriculture 0.3% THC limit for raw flower and finished products.”

The CRN further comments that the NY Department of Health should include the DA’s 0.3% limit for THC in its definition of hemp extract. The importance of these details is its roots in the 2018 Farm Bill. The 0.3% THC limit is a standard set by the 2018 Farm Bill, which is a federal law passed toward the end of 2018. This threshold also prevents state laws from setting lower standards, which could create an inconsistency between federal and state regulations.

The consistency between federal and state regulations is also important for businesses, as more and more states are issuing their own regulations. Businesses seeking to get licenses for their companies and products would need to satisfy requirements from the federal and state governments, which would be difficult if they do not coincide with each other.

NY Health Department Has Proposed CBD Regulation

The proposal by the NY Department of Health also covers licensure and application requirements for processors and retailers. The document outlines potential requirements including proofs of insurance, evidence of good manufacturing practices, application fees, and certificates, just to name a few.

Renewals are tackled by the document, stating that amendments regarding the license are possible but all licenses are non-transferable except with prior written approval


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