New York recently rolled out a hemp program to elevate the industry with higher standards for consumer safety. The new testing guidelines are complex and stringent, but our team is well versed. As one of the first New York-certified facilities, we work with hemp growers, operators, retailers, and multistate actors to ensure their raw materials and finished goods are ready for sale.

Here we’ll review New York’s hemp testing requirements so brands can remain compliant in this highly regulated market.

‍

Hemp Licensing Process

New York’s new hemp program requires all growers to hold licenses. To apply for a permit, applicants must pay a $500 fee and complete an FBI Identity history summary check. Additionally, hemp cultivators must reapply for renewed privileges to grow in 2022 and beyond.

‍

Unfinished Hemp Flower Testing Information

‍

In addition to licensing requirements, New York’s hemp program enacted new regulations for sampling and testing.

‍

THC Potency Testing in New York

‍

Growers must test their hemp for THC potency, ensuring the level remains at a compliant 0.3% or less. To verify this, growers must work with a sampling agent certified by the New York Department of Agriculture.

At least 30 days before the anticipated harvest date for each lot, growers must submit a pre-harvest report to the state’s Department of Agriculture. The Department will then notify growers if they need to undergo sampling and coordinate with agents to conduct the process. After receiving notification, the sampling agent visits the lot or field and collects samples, which they send to the grower’s preferred certified laboratory.

After receiving samples, the New York-certified laboratory must test for THC potency and verify that the concentration is 0.3% or less by dry weight. Growers must harvest compliant hemp within 30 days of the sampling date.

However, if the results reveal that the hemp is non-compliant, growers have the option to either remediate or dispose of the lot. To remediate hemp, a grower can dispose of the flower material while salvaging the remainder or blend the entire plant to form biomass. Growers must store remediated hemp apart from other plants in a department-approved location.

After remediation, the grower must test the hemp again. The grower can sell it to its buyers if it returns a compliant result. On the other hand, if the hemp still tests above the legal THC limit, then the grower must dispose of the lot. Pro Tip: Industry experts recommend that the grower film the disposal and keep records for at least 3 years.

‍

Laboratory Sampling Requirements

‍

New York requires that laboratories determine the total THC content in a plant after decarboxylation, using the formula: delta-9 THC + (THCA x0.877). Once the laboratory determines the THC quantity, it must calculate the measurement of uncertainty to the results.

This distribution range allows room for error. If a plant tests hot, and the grower believes there is a discrepancy, they can request a retest using the same methods.

‍

Finished Product Testing Rules

‍

Potency Testing

‍

In addition to hemp flower, New York enacted unique testing rules for finished hemp products. Most states only care about THC or CBD potency. However, New York requires brands to test finished products for an unprecedented 16 different cannabinoids, including CBD, THCA-A, CBC, THCV, and more.

Product labels should include the total THC content and list other “marketed cannabinoids” as ingredients. Finished products can’t contain synthetic cannabinoids or cannabinoids made through the isomerization method–like Delta-8 and Delta 10.

‍

Contaminant Testing

‍

Additionally, hemp brands must test products for potentially harmful substances, including:

• Heavy metals
• Mycotoxins
• Microbial impurities
• Residual solvents
• Pesticides
• Terpenes (If listed on product label or marketing)

‍

New York requires testing for 67 different pesticides, 21 residual solvents, and four heavy metals that could pose a consumer risk. Labels should display a Certificate of Analysis (COA) or have a QR code where consumers can read the laboratory test results.

While COAs aren’t currently required at a federal level, New York recognizes that they are essential to prioritize consumer safety with hemp products. So, to stay ahead of the curve, hemp companies should prioritize quality and consumer safety regardless of where they sell products.