N.Y. Comp. Codes R. & Regs. tit. 9 § 118.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 118.1 - Definitions

(a) For the purposes of this Chapter the following terms shall have the following meaning:

(1)Adult-use on-site consumption premises means a place where the consumption of cannabis occurs and shall be either a consumption facility or an exception area.

(2)Advertisement means advertisement as defined in Part 128 of this Title.

(3)Advertising means advertising as defined in Part 128 of this Title.

(4)Aggregate ownership interest means the total ownership interest held by the following, or any combination of the following:

(i) a legal entity and any legal entity or individual in its multilevel ownership structure;

(ii) an individual and the spouse, domestic partner, civil union partner, child, sibling, or parent of such individual; or

(iii) a legal entity and any individual with control over such legal entity.

(5)Applicant means applicant as defined in article 1 of the Cannabis Law.

(6)Article 13-E Smoking/Vaping Exception means a Public Health Law section 1399-Q exempted on-site consumption license that does not authorize the license holder to engage in the retail sale of cannabis products.

(7)Artificially derived phytocannabinoid means a phytocannabinoid that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from Cannabis sativa. Artificially derived phytocannabinoid does not include:

(i) a naturally-occurring chemical substance that is separated from Cannabis sativa by a chemical or mechanical extraction process;

(ii) phytocannabinoids that are produced by decarboxylation of the phytocannabinoid's respective naturally-occurring carboxylic acid form without the use of a chemical catalyst;

(iii) any other chemical substance identified by the Board; and

(iv) synthetic tetrahydrocannabinols not derived from the cannabis plant already prohibited as a Schedule I Controlled Substance in section 3306 of the public health law and prohibited in paragraph (5) of subdivision (e) of section 123.6 of this Title.

(8)Attractive to individuals under twenty-one means attractive to individuals under twenty-one as defined in Part 128 of this Title.

(9)Biodiversity means the inter and intra species variety in the natural world and within ecosystems to maintain balance and support life and sustain the resilience of biotic and abiotic systems.

(10)Board means the New York State Cannabis Control Board as defined in article 1 of the Cannabis Law.

(11)Bona fide labor organization means a local labor union:

(i) that represents employees in this state with regard to wages, hours and working conditions;

(ii) in which officers have been elected by secret ballot or otherwise in a manner consistent with federal law; and

(iii) that is free of domination or interference by any employer and has received no improper assistance or support from any employer.

(12)Brand or Branding means brand or branding as defined in Part 128 of this Title.

(13)Cannabis Advisory Board means the New York State Cannabis Advisory Board as established in section 14 of the Cannabis Law.

(14)Cannabis flower product means any form of cannabis product consisting predominantly of the flower, buds, and leaves of the cannabis plant, including trimmings thereof, intended for retail sale to consumers.

(15)Cannabis merchandise means a consumer good that does not contain cannabis and includes or displays a brand of a licensee. Cannabis merchandise is an advertisement and must comply with Parts 128 and 129 of this Title. Cannabis merchandise may include, but is not limited to, clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, or cannabis paraphernalia.

(16)Cannabis paraphernalia means any equipment, product or material of any kind which is primarily intended or designed for use in the preparation, consumption, or storage of cannabis products.

(17)Cannabis waste means all cannabis byproduct, scrap, harvested cannabis and cannabis-infused products not intended for sale to a consumer or distribution to an entity licensed or registered under the Cannabis Law.

(18)Canopy or cultivation canopy or canopy area means an area to be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain non-immature cannabis, which excludes seedlings or small clones, including the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculations shall be separated by an identifiable boundary, including, but not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedge rows, fencing, garden beds, or garden plots.

(19)Canopy tier or tier means the level of cultivation canopy in which a licensee is permitted to cultivate within minimum and maximum square footage ranges as defined for each license type.

(20)Cash means U.S. currency, certified check, money order, electronic funds transfer, bank officer's check or draft, or a check drawn on an account.

(21)Certificate of analysis means certificate of analysis as defined in Part 130 of this Title.

(22)Civil practice law and rules or CPLR means Chapter 8 of the Consolidated Laws of New York.

(23)Collective means an applicant or license granted under section 70 of the Cannabis Law and organized pursuant to subdivision (h) and (i) of section 123.13 of this Title.

(24)Community board means an advisory body operating under the jurisdiction of the New York City government, comprised of members appointed by their respective borough president, having the primary functions of assessing the needs of and advising elected officials and local government agencies on matters affecting the social welfare of their districts.

(25)Concentrate or Concentrated cannabis means concentrated cannabis as defined in article 1 of the Cannabis Law.

(26)Consumption facility means an adult-use on-site consumption premises at which both the consumption of cannabis products and the retail sale of cannabis products to consumers may occur and is either a limited retail consumption facility or a microbusiness.

(27)Consume or consumption or consuming means the inhalation, which includes but is not limited to smoking and vaping; ingestion; application; or use of cannabis products, medical cannabis, and cannabinoid hemp products.

(28)Control or controlling interest means the authority to order or direct the management, operations, managers, or policies of a person, including, but not limited to, the ability or authority, expressed or reserved, to:

(i) amend or change the corporate or operating identity (e.g., joint venture agreement or unincorporated business status) of a person;

(ii) approve operating and capital budgets for the person;

(iii) adopt, approve, or direct fiscal operating policies and procedures;

(iv) approve debt necessary to finance the person's costs of compliance with operational or facility standards required by law;

(v) approve contracts for management of facility services;

(vi) hire or dismiss executive personnel;

(vii) maintain and control the books and financial records of the person, including, but not limited to, co-signing bank accounts and the power to authorize capital outlays and spending;

(viii) encumber the assets of the person by way of mortgage or other indebtedness; and

(ix) dissolve the person or arrange for sale or transfer of the person to new ownership or control.

(29)Cooperative means an applicant or license granted under section 70 of the Cannabis Law and organized pursuant to New York State Cooperative Law and subdivision (g) of section 123.13 of this Title.

(30)Corrective action plan means a corrective action plan as defined in Part 133 of this Title.

(31)Craft product means a flower or pre-roll cannabis product, or any cannabis product that meets the 'craft designation' as established by the Office, which shall be hang-dried, processed, and manufactured exclusively by:

(i) a licensed Tier 1 cultivator with a set canopy tier as set forth under subparagraph (i) of paragraph (2) of subdivision (b) of section 120.3 of this Title, and shall only use cannabis or cannabis material that is cultivated by said licensee, and not sourced from another cultivator, processor, or any other licensee; or

(ii) a licensed microbusiness of any type.

(32)Cultivation means the agricultural production practices of soil preparation, planting, micropropagation-tissue culture, growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants for sale to certain other categories of cannabis license and permit holders.

(33)Date of expiration means date of expiration as defined in Part 128 of this Title.

(34)Debarment means debarment as defined in Part 133 of this Title.

(35)Edible or Cannabis Edible Product means edible as defined in Part 128 of this Title.

(36)Electronic signature means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by an individual with the intent to sign the record.

(37)Employee in charge means an individual twenty-one (21) years of age or older at management level designated by a retail dispensary to be responsible to perform or oversee the performance of the tasks in section 123.10 of this Title and any other tasks required by the retail dispensary.

(38)Exception Area means an adult-use on-site consumption premises at which the consumption of cannabis products may occur but the retail sale of cannabis to consumers may only occur on the licensed premises during a cannabis event pursuant to section 120.19 of this Title.

(39)Extracting means the process of concentrating or isolating one or more phytochemicals, including, but not limited to, phytocannabinoids and terpenes from cannabis.

(40)Exit package means exit package as defined in Part 128 of this Title.

(41)Financial institution means any bank, mutual savings bank, consumer loan company, credit union, savings and loan association, trust company, or other lending institution under the jurisdiction of the New York State Department of Financial Services.

(42)Financial interest means any actual or future right to ownership, inclusive of all restricted stock units, options, warrants, or any other interest that can be converted into a share of voting stock or equity investment, or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, domestic partner, parent or child; provided however, that with respect to a compensation arrangement the compensation, over the course of a calendar year, exceeds the greater of:

(i) 10% of revenue,

(ii) 50% of net profit, or

(iii) $250,000. A person with a financial interest does not include a passive investor or salaried employee earning income in excess of the compensation limits set herein.

(43)Financier means any person, other than financial institution, that provides capital as a gift, provides a grant, or lends capital pursuant to a secured or unsecured financing agreement. Agreements will be assessed based on current and future right to ownership or interest on the licensee, including, but not limited to, interest in the event of default, bankruptcy, or reorganization. A financier may not receive an ownership interest; control of the business; gross profits or net profits; a profit-sharing interest; a percentage of the profits in exchange for a gift, grant, or loan; or a share of revenue in excess of the greater of the following over a calendar year:

(i) 10% of gross revenue,

(ii) 50% of net profit, or

(iii) $250,000.

(44)Fine Particles mean particles or droplets present in air that are two and one-half microns (2.5'm) or less in width.

(45)Flavoredshall mean a cannabis product with a distinguishable taste or aroma, other than the taste or aroma of cannabis, imparted either prior to or during consumption of such product or a component part thereof, including, but not limited to, tastes or aromas relating to specific foods or beverages or any concept flavor that imparts a taste or aroma that is distinguishable from the taste or aroma of cannabis. A cannabis product shall be presumed to be flavored if a licensee or a licensee's agent or employee has made a statement or claim directed to consumers or the public, whether expressed or implied, that such cannabis product has a distinguishable taste or aroma other than the naturally occurring taste or aroma of cannabis. A cannabis product shall not be presumed to be flavored solely due to the cultivar used in the product.

(46)General use pesticide means general use pesticide as defined in article 33 of the Environmental Conservation Law

(47)Goods and services agreement means goods and services agreement as described in Part 124 of this Title.

(48)Greenhouse means structure or thermally isolated enclosed area with rigid walls that maintains a specialized conditioned and sunlit environment used for and essential to the cultivation, protection, or maintenance of plants. It can include additional artificial lighting and climate controls based on cultivation techniques used.

(49)Ground transport means transportation that is over land and not on water or in the air with the exception of, and for the purposes of this Chapter, a ferry.

(50)Harvest batch means a unit of cannabis produced during a period of time under similar conditions, identifiable by a lot unique identifier that allows traceability.

(51)Hoop house means specialized unconditioned agricultural equipment having a framework covered with demountable non-rigid materials unsealed from the outdoor elements, which allows for penetration of sunlight to cannabis plants, specifically designed, constructed, and used for agricultural production. A hoop house may include up to 20 artificial lights for the propagation of seedlings or clones. Lights shall meet photosynthetic photon efficacy (PPE) requirements as determined by the Office.

(52)Horticultural lighting equipment (HLE) means any lighting equipment, including, but not limited to, fixtures, bulbs, ballasts, and controls that uses energy for the production of seeds, seedlings, and clones, or the cultivation of mature cannabis plants.

(53)House of worship means a whole building owned or leased by a religious corporation as described by New York State Religious Corporation Law or used by a religious corporation or association of any denomination pursuant to the written permission of the owner thereof, which is used by members exclusively as a meeting place for divine worship or other religious observances presided over by a member of the clergy.

(54)Immature cannabis plant or immature plant means a cannabis plant which does not have a flower or buds that may be observed by visual examination.

(55)Indoor or indoors shall mean an area which is completely enclosed on all sides by solid floor-to-ceiling walls, windows, doors, or solid floor-to-ceiling partitions and which complies with all applicable Building Code and Fire Code requirements. Areas which are not completely enclosed on all sides by solid floor-to-ceiling walls, windows, or solid floor-to-ceiling partitions, but are also not easily ventilated by wind or natural air, may be deemed sufficiently similar to an indoor area by the Office after a review of the premises or site plan. Areas deemed sufficiently similar to an indoor area by the Office shall comply with requirements of this Title which pertain to indoor areas of an adult-use on-site consumption premises.

(56)Indoor cultivation means the cultivation of cannabis within an indoor climate-controlled structure using only artificial light, heat, carbon dioxide generators, and dehumidification.

(57)Integrated pest management (IPM) principles means the following:

(i) identifying pests, their hosts, and beneficial organisms before acting;

(ii) establishing monitoring guidelines for each pest species;

(iii) establishing an action threshold for the pest;

(iv) evaluating and implementing control tactics; and

(v) monitoring, evaluating, and documenting the results.

(58)License means license as defined in article 1 of the Cannabis Law.

(59)Licensee means licensee as defined in article 1 of the Cannabis Law.

(60)Limited retail consumption facility shall mean a type of consumption facility which is a distinct area located within the licensed premises of a specific retail dispensary.

(61)Local law means a local rule or local regulation or local ordinance or action which is adopted by the municipality on matters otherwise not preempted by the Cannabis Law, provided, however, that such local law shall not be unreasonably impracticable as determined by the Board.

(62)Lot unique identifier or lot number or bar code means any distinctive combination of letters, numbers, or symbols, or any combination of them, from which the complete history of cultivation, manufacturing, processing, testing, custody, distribution, or recall of a lot of cannabis, medical cannabis product or cannabis product can be determined.

(63)Manufacturing means to treat, modify, compound, package, or otherwise manipulate cannabis or cannabis extract into a cannabis product. Manufacturing shall not include cultivation, as defined in article 1 of the Cannabis Law, or extracting as defined in this Part.

(64)Marihuana-related offense means an offense defined in:

(i) former sections 220.03 and 220.06 of the Penal Law where the sole controlled substance involved was concentrated cannabis,

(ii) former sections 221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the Penal Law,

(iii) section 105.05 of the Penal Law prior to the effective date of chapter ninety-two of the laws of two thousand twenty-one and the sole conduct involved was an offense defined in former sections 221.35 or 221.40 of the Penal Law,

(iv) former section 3382 of the Public Health Law prior to the effective date as prescribed in subdivision nine of section 222.15 of the Penal Law, and the cultivation of such cannabis plants was solely for personal possession and use,

(v) article two hundred twenty or section 240.36 of the Penal Law prior to the effective date of former article two hundred twenty-one of the Penal Law and the sole controlled substance involved was marihuana and the conviction was only for a misdemeanor and/or violation, or

(vi) any offense identified by the Office to be a marihuana-related offense.

(65)Mature cannabis plant means a cannabis plant that has observable buds or flowers.

(66)Medical necessity means factors used to determine whether or not the Board will grant a license to an applicant which will result in providing medical cannabis to an underserved geographic area.

(67)Mechanical extraction means extraction using pressure, heat or cold to extract cannabinoids, and includes rosin presses, dry ice or other similar processes, without employing solvents or gases, approved by the Office.

(68)Mixed Light means cultivation of mature cannabis in a greenhouse, hoop-house with cannabis cultivation lights, glasshouse, conservatory, hothouse, or similar structure, using a combination of sunlight and lighting with all lighting requirements meeting the photosynthetic photon efficacy standards for the mixed-light tier set out in section 125.1 of this Title.

(69)Mother plant means an immature cannabis plant that is maintained in an immature state indefinitely and intended to be used for propagation.

(70)Municipality or municipalities means an administrative or governing body with the authority to enact any local regulations in a town, city, or village in New York State.

(71)Net profitmeans net income according to Generally Accepted Accounting Principles (GAAP).

(72)Non-consumer package means non-consumer package as defined in Part 128 of this Title.

(73)Nursery area shall mean an area to be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will be used to produce clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture and cannabis seeds, including the space(s) within the boundaries. Provided that the primary purpose of the area is to produce clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture or cannabis seeds, a nursery area may also contain mature and immature cannabis plants. A nursery area may be noncontiguous, but each unique area included in the total area calculations shall be separated by an identifiable boundary, including, but not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedge rows, fencing, garden beds, or garden plots.

(74)Office means New York State Office of Cannabis Management as defined in article 1 of the Cannabis Law

(75)Outdoor cultivation means the cultivation of mature cannabis under natural sunlight and weather conditions.

(76)Passive investor means a person that is a true party of interest of a licensee:

(i) with an ownership interest, whether such shares or interest are current voting shares, future voting shares, current equity shares or future equity share of the applicant or licensee, and does not otherwise have any control or influence over the applicant or licensee, of no more than:

(a) 5% percent of the outstanding shares or interest of an applicant or licensee whose shares are publicly traded,

(b) 10% of the outstanding shares or interest of a non-publicly traded ROD license and microbusiness license, or

(c) 20% of the outstanding shares or interest of any other entity; or

(ii) who guarantees the lease of that licensee; and

(iii) where the total shares outstanding of future equity or future voting share classes shall be calculated as the entity's fully diluted share count (inclusive of all restricted stock units, options, warrants, or any other interest that can be converted into a share of voting stock or equity), less contingent or future shares owned by persons who's financial or controlling interest in an entity is active.

(77)Person means an individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

(78)Pests means rodents, birds, insects, plants, fungi, bacteria, or other animals or organisms that present a potential threat or contamination to cannabis plants and cannabis products.

(79)Photosynthetic photon efficacy (PPE) means the measure of photon output in micromoles per second divided by the watts needed to produce the light.

(80)Phytocannabinoid means phytocannabinoid as defined in Part 128 of this Title.

(81)Plant protection products means products applied during the cultivation of cannabis including insecticides, fungicides, herbicides, and rodenticides.

(82)Private application means private application as defined in article 33 of the Environmental Conservation Law.

(83)Processing means, amongst other things, blending, extracting, infusing, packaging, labeling, branding or otherwise making cannabis products.

(84)Processor means processor as defined in article 1 of the Cannabis Law.

(85)Propagation area means an area to be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain only immature cannabis, seedlings, small clones and/or mother plants, including the space(s) within the boundaries. Propagation areas may be noncontiguous, but each unique area included in the total propagation area calculations shall be separated by an identifiable boundary, including, but not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedge rows, fencing, garden beds, or garden plots.

(86)Provisional license means approval provided to an applicant that, notwithstanding any other outstanding requirement or condition for licensure, satisfies conditions determined by the Board to be necessary and relevant to the particular license type sought, which may be used by the applicant to secure a location in order to receive final approval by the Board. A provisional license does not authorize the provisional licensee to engage in licensed activities under the Cannabis Law.

(87)Provisional licensee means someone who holds a provisional license.

(88)Public convenience and advantage standards mean factors used to determine whether or not the Board will grant a license to a licensee which will not result in over saturation of adult-use cannabis licensees.

(89)Public youth facility means a location or structure owned by a government or government subdivision or agency, that is accessible to the public, where the primary purpose is to provide recreational opportunities or services to children or adolescents of whom the primary population is reasonably expected to be seventeen (17) years of age or younger.

(90)Record means books, ledgers, documents, writings, photocopies, correspondence, electronic storage media, electronically stored records, money receptacles, equipment in which records are stored, or any other document that is used for recording information.

(91)Registered organization with dispensing or ROD means a registered organization adult-use cultivator processor distributor retail dispensary licensed pursuant to section 68-a of the Cannabis Law.

(92)Registered organization non-dispensing or ROND means a registered organization adult-use cultivator, processor and distributor licensed pursuant to section 68-b of the Cannabis Law.

(93)Retail advertising specialty is cannabis merchandise that a licensee provides to a retail dispensary that is not intended for retail sale at the dispensary. Examples of retailer advertising specialties include trays, rolling papers, mats, menu cards, matches, paper napkins, filters, thermometers, clocks, shirts, hats, visors, branded signs, refrigerators, display cabinets, art, and calendars. All items shall comply with Part 129 of this Title and cannot be attractive to individuals under the age of twenty-one and all apparel shall be available in adult sizes only. The manufacturer or wholesaler may add the name or address of the retailer to the retailer advertising specialty.

(94)Retail package means retail package as defined in Part 128 of this Title.

(95)Road means any wide way leading from one place to another, including, but not limited to, an alley, avenue, boulevard, causeway, court, crescent, drive, lane, loop, place, plaza, promenade, street, terrace, or way.

(96)School grounds means any building, structure and surrounding outdoor grounds, including entrances or exits, contained within a public or private pre-school, nursery school, elementary or secondary school's legally defined property boundaries as registered in a county clerk's office as defined by section 409 of the Education Law.

(97)Secondary school means a school between the elementary school and the college or university.

(98)Serious adverse event means serious adverse event as defined in Part 113 of this Title.

(99)Social and economic equity applicant means an individual or an entity that:

(i) is an applicant for an adult-use license pursuant to Part 121 of this Title; and

(ii) may be eligible for priority licensing pursuant to article 4 of the Cannabis Law.

(100)Social and economic equity licensee means an individual or an entity that:

(i) meets the qualifications of an individual from a community disproportionately impacted, a minority-owned business, women-owned business, a distressed farmer, or service-disabled veteran described in Part 121 of this Title; and

(ii) has been granted an adult-use license subject to Part 120 of this Title.

(101)Sole Control means a person or persons who:

(i) has real, substantial, and continuing ownership of 51% equity share in the business;

(ii) has the right to execute any material contracts;

(iii) has the ability to exercise the authority to materially influence the day-to-day business decisions, operations, strategic priorities, capital allocations, acquisitions and divestments;

(iv) has no timed or triggered recusal provisions or side letters or side agreements related to their recusal; and

(v) has an ability to direct decisions, voting or otherwise, such that no other person may exercise or have the ability to control the majority of voting rights or appoint or remove the majority of director seats or their equivalent or corporate officers or their equivalent on the governing body.

(102)Structure means any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, including, but not limited to, buildings, fences, enclosures and any fixtures, additions and alterations thereto.

(103)Tincture means a non-potable edible cannabis product that is a cannabis extract solution, intended for human consumption or ingestion, dissolved in alcohol, glycerin, or plant-based oil.

(104)Third-party platform or marketplace or aggregator means an entity hosting, maintaining, or otherwise providing a marketplace or aggregator service that advertises, markets, promotes, or otherwise lists cannabis products.

(105)True Party of Interest:

(i) includes the following:

(a) the applicant or licensee's sole proprietor, partner (whether limited or general), member, manager, president, vice president, secretary, treasurer, officer, board member, trustee, director, or any person with an equivalent title to each of the foregoing in any entity in the applicant or licensee's ownership structure;

(b) a stockholder of the applicant or licensee;

(c) each person that makes up the ownership structure of each level of ownership for an applicant or licensee that has a multilevel ownership structure;

(d) a person with a right to receive aggregate payments in a calendar year, as part of a risk sharing or goods and services agreement, that exceeds the greater of the following, as measured in that calendar year:

(1) 10% of the gross revenue of an applicant or licensee;

(2) 50% of the net profit of an applicant or licensee; or

(3) $250,000 from an applicant or licensee;

(e) a person with a financial interest in the applicant or licensee;

(f) a person that has authority to or exercises control over the applicant or licensee by controlling interest or otherwise;

(g) a person that assumes responsibility for the debts of the applicant or licensee;

(h) a spouse of any individual in clause (a), (b) and (c) of this subparagraph; or

(i) any other person that may have a direct or indirect interest, as may be determined by the Office, consistent with the policies and purpose of the Cannabis Law; and

(ii) does not include a person who:

(a) receives payment for rent on a fixed basis under a lease or rental agreement relating to applicant or licensee. The Office may investigate a landlord in situations where a rental payment has been waived or deferred;

(b) receives a bonus or commission from the applicant or licensee based on the individual's sales, so long as the commission does not exceed 10% of the sales of the applicant or licensee in any given bonus or commission period, unless otherwise determined by the Office. Commission-based compensation agreements shall be in writing;

(c) contracts with the applicant or licensee to receive a commission for the sale of the business or real property;

(d) consults receiving a flat or hourly rate of compensation from an applicant or licensee under a goods and services agreement, unless such compensation exceeds the greater of the following, as measured in that calendar year:

(1) 10% of the gross revenue of such applicant or licensee;

(2) 50% of the net profit of such applicant or licensee; or

(3) $250,000 from such applicant or licensee;

(e) is a goods and services provider, as long as the applicant or licensee retains the right to and controls the business and such payments for such goods or services do not exceed the greater of the following, as measured in that calendar year:

(1) 10% of the gross revenue of such applicant or licensee;

(2) 50% of the net profit of such applicant or licensee; or

(3) $250,000 from such applicant or licensee;

(f) is a financial institution;

(g) is a financier; or

(h) may be determined by the Office.

(106)Use by date means use by date as defined in Part 128 of this Title.

(107)Working stock means part of the inventory available for average demand in a given period which may be defined by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 118.1

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023