"Department-Conducted Research Partner Agreement Industrial Hemp Growers" - New York

Department-Conducted Research Partner Agreement Industrial Hemp Growers is a legal document that was released by the New York State Department of Agriculture and Markets - a government authority operating within New York.

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Download "Department-Conducted Research Partner Agreement Industrial Hemp Growers" - New York

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ANDREW M. CUOMO
RICHARD A. BALL
Governor
Commissioner
DEPARTMENT-CONDUCTED RESEARCH PARTNER AGREEMENT
INDUSTRIAL HEMP GROWERS
This Department-Conducted Research Partner Agreement for Industrial Hemp
Growers (“Research Agreement”), dated ______________, between the State of New York,
acting by and thorough the New York State Department of Agriculture and Markets, or
another agency or department of New York State subsequently designated by the State (the
“Department”) and
(the “Research Partner”).
WHEREAS, pursuant to Title 7 U.S.C. § 5940, Sections 537 and 729 of the Consolidated
Appropriations Act of 2018, and New York State Agriculture and Markets Law Section 505, et
seq., the Commissioner of the New York State Department of Agriculture and Markets has
been granted the authority to approve sites for the study of the growth and cultivation, sale,
distribution, transportation and processing of hemp and products derived from such hemp
as part of an agricultural pilot program conducted by the Department; and
WHEREAS, the Department has decided to undertake an agricultural research pilot program
with respect to industrial hemp as provided for in 7 U.S.C § 5940 and Section 763 of the
Omnibus Budget Bill of 2016 (the “Research Pilot Program”); and
WHEREAS, pursuant to Agriculture and Markets Law Section 506, et seq., the Department
has the authority to partner with individuals, businesses and institutions of higher
education in connection with its Research Pilot Program;
WHEREAS, the Research Partner has submitted an application to engage in research with
respect to growth and cultivation of industrial hemp;
NOW THEREFORE, in consideration of the mutual covenants, terms and conditions set forth
herein, the parties do hereby agree as follows:
SCOPE OF RESEARCH
1. The Research Partner shall act as a researcher in connection with the Research Pilot
Program.
2. The Research Partner’s authority to study industrial hemp in the manner set forth on its
“Application to become a Research Partner in the Department’s Industrial Hemp
Research Pilot Program” (attached as Exhibit 1, and herein referred to as the “Scope of
Work”) shall commence upon the execution of this agreement by both parties and shall
continue unless suspended or terminated, as set forth below.
Industrial Hemp Grower Agreement 12.3.18
Page 1
ANDREW M. CUOMO
RICHARD A. BALL
Governor
Commissioner
DEPARTMENT-CONDUCTED RESEARCH PARTNER AGREEMENT
INDUSTRIAL HEMP GROWERS
This Department-Conducted Research Partner Agreement for Industrial Hemp
Growers (“Research Agreement”), dated ______________, between the State of New York,
acting by and thorough the New York State Department of Agriculture and Markets, or
another agency or department of New York State subsequently designated by the State (the
“Department”) and
(the “Research Partner”).
WHEREAS, pursuant to Title 7 U.S.C. § 5940, Sections 537 and 729 of the Consolidated
Appropriations Act of 2018, and New York State Agriculture and Markets Law Section 505, et
seq., the Commissioner of the New York State Department of Agriculture and Markets has
been granted the authority to approve sites for the study of the growth and cultivation, sale,
distribution, transportation and processing of hemp and products derived from such hemp
as part of an agricultural pilot program conducted by the Department; and
WHEREAS, the Department has decided to undertake an agricultural research pilot program
with respect to industrial hemp as provided for in 7 U.S.C § 5940 and Section 763 of the
Omnibus Budget Bill of 2016 (the “Research Pilot Program”); and
WHEREAS, pursuant to Agriculture and Markets Law Section 506, et seq., the Department
has the authority to partner with individuals, businesses and institutions of higher
education in connection with its Research Pilot Program;
WHEREAS, the Research Partner has submitted an application to engage in research with
respect to growth and cultivation of industrial hemp;
NOW THEREFORE, in consideration of the mutual covenants, terms and conditions set forth
herein, the parties do hereby agree as follows:
SCOPE OF RESEARCH
1. The Research Partner shall act as a researcher in connection with the Research Pilot
Program.
2. The Research Partner’s authority to study industrial hemp in the manner set forth on its
“Application to become a Research Partner in the Department’s Industrial Hemp
Research Pilot Program” (attached as Exhibit 1, and herein referred to as the “Scope of
Work”) shall commence upon the execution of this agreement by both parties and shall
continue unless suspended or terminated, as set forth below.
Industrial Hemp Grower Agreement 12.3.18
Page 1
ANDREW M. CUOMO
RICHARD A. BALL
Governor
Commissioner
3. The Research Partner’s authority to research industrial hemp is limited to the research
set forth in the Scope of Work and the Research Partner shall strictly adhere to the
Scope of Work, except as otherwise authorized pursuant to Paragraph 4, herein. The
Department will monitor the Research Partner’s compliance with the research focus,
scope, locations and size as set forth in Scope of Work and shall have the right to
monitor compliance by, among other things, having the right to: access the registered
premises, engage in periodic, unannounced inspections, inspect the books and records
of the Research Partner, and to promptly receive information reasonably requested of
the Research Partner with respect to the research project and/or its operations.
4. The Research Partner shall obtain prior written approval from the Department before
implementing any modifications to the Scope of Work, including without limitation any
modification of the research focus, scope, locations or size described in the Scope of
Work and any changes to any site at which the research is being conducted (including
additional addresses, changes or additions to any field, greenhouse, building and/or
GPS coordinate).
5. Should the Research Partner seek to conduct additional industrial hemp research
separate and distinct from that which is described in the Scope of Work, the Research
Partner shall make new application for such other research pilot and must be approved
by the Department prior to conducting the proposed research. Should the Research
Partner decide to process industrial hemp beyond minimal processing for an
agricultural product, the Research Partner shall submit a separate application to
become a research partner engaged in the processing of industrial hemp.
PARTIES CONDUCTING RESEARCH
6. At all times during the term of this Research Agreement, and with respect to the
obligations surviving the expiration, suspension or termination of the Research
Agreement as set forth in Paragraph 53 herein, the Research Partner shall remain
responsible for the performance under this Research Agreement. If requested by the
Department, the Research Partner shall present evidence of its continuing legal
authority to do business in New York State, integrity, experience, satisfactory
performance, ability and/or organizational and financial capacity to perform the Scope
of Work.
7. The Research Partner shall disclose any felony or drug-related misdemeanor conviction
within the last ten years and, upon the Department’s request, agrees to provide
fingerprints and all necessary consents for the Department to obtain a criminal
background check on the Research Partner, if an individual. In the event the Research
Industrial Hemp Grower Agreement 12.3.18
Page 2
ANDREW M. CUOMO
RICHARD A. BALL
Governor
Commissioner
Partner is not an individual, the Research Partner shall identify (a) the individual(s) in
control of the Research Partner; and (b) whether such individuals have been convicted
of any felony or drug-related misdemeanor within the last ten years. The Research
Partner, upon the Department’s request, shall provide fingerprints and deliver all
necessary consents for the Department to obtain a criminal background check on the
individuals listed on Exhibit 2. The felony or drug-related misdemeanor conviction of
the Research Partner or any of the individuals listed on Exhibit 2 and may result in the
suspension or termination of the Research Agreement. During the term of this Research
Agreement, in the event there is a change to the information provided under this
paragraph, the Research Partner shall update that information within ten days of its
occurrence.
8. The Research Partner shall: (a) provide a list of other persons (including all
subcontractors, agents, independent contractors) who will provide material assistance
of any kind to the Research Partner’s research described in the Scope of Work; and (b)
upon the Department’s request, provide fingerprints and obtain all necessary consents
for background checks for any such persons. During the term of this Research
Agreement, in the event there is a change to the information provided under this
paragraph, the Research Partner shall update that information within ten days of its
occurrence.
9. The Research Partner shall notify the Department of any felony or drug-related
misdemeanor conviction rendered against or plea of guilty entered by any individual
performing services in connection with the Scope of Work during the term of this
Research Agreement, within ten days of its occurrence. Such conviction may result in
the disqualification of that person or entity from continued performance of the Scope
of Work and/or may result in the suspension or termination of the Research
Agreement.
10. The Research Partner’s engagement of any subcontractor to perform any work
described in the Scope of Work shall be approved in advance by the Department. The
Research Partner shall require any subcontractor to provide information requested by
the Department to determine whether the proposed subcontractor is a responsible
service provider.
11. The Research Partner, notwithstanding any subcontracting, shall remain responsible
and liable for all work performed by a subcontractor or under any subcontract with
respect to the Scope of Work.
12. Upon execution of a subcontract, the Research Partner shall provide detailed
subcontract information, and/or a copy of the subcontract, within fifteen (15) calendar
Industrial Hemp Grower Agreement 12.3.18
Page 3
ANDREW M. CUOMO
RICHARD A. BALL
Governor
Commissioner
days after execution. In the event the Research Partner chooses to provide only
detailed subcontract information, upon the Department’s request, the Research
Partner shall provide copies of all contracts or subcontracts relating to the work
described in the Scope of Work.
13. The Department, during the course of the pilot, retains the discretion to, among other
things: (a) determine what persons, entities, and sites may continue to participate in
the Research Pilot Program; and (b) de-certify and de-register a site used to grow,
cultivate or process industrial hemp at any time, following an opportunity to be heard.
14. It is understood and agreed that the legal status of the Research Partner, its employees,
agents, partners, or subcontractors is that of an independent contractor and in no
manner, shall they be deemed employees or agents of the State of New York and,
therefore, are not entitled to any of the benefits associated with such employment or
designation.
REPORTS, PUBLICATION AND INTELLECTUAL PROPERTY
15. The Research Partner shall file an annual report summarizing the results of the research
described in the Scope of Work and share any data related to the growth, cultivation,
sale, distribution, transportation and minimal processing of hemp and products derived
from hemp during the course of that research, including, without limitation the dates of
harvest of each variety planted, the amount of each variety harvested, and the
disposition and/or use of the industrial hemp crop and the economic viability of the
project. Annual reports shall be submitted to the Department on each anniversary of
the issuance date set forth on the Research Partner’s certification of authorization so
long as the Research Partner Agreement is in force.
16. The State shall have a perpetual royalty-free, non-exclusive and irrevocable right to
reproduce, publish or otherwise use, and to authorize others to use, data and materials
required to be reported to the Department with respect to the Research Partner’s
agricultural research pilot or the results and accomplishments achieved.
17. All rights and title to intellectual property created, invented or discovered exclusively by
the Research Partner in connection with the Research Pilot Program shall vest in the
Research Partner. All rights and title to intellectual property created, invented or
discovered exclusively by one or more New York State employees without the use of
the Research Partner’s resources shall vest in New York State. All rights and title to
intellectual property created, invented or discovered jointly by one or more employees
of the Research Partner and one or more employees of New York State with the use of
Research Partner resources shall be jointly owned by the Research Partner and New
Industrial Hemp Grower Agreement 12.3.18
Page 4
ANDREW M. CUOMO
RICHARD A. BALL
Governor
Commissioner
York State.
CONFIDENTIALITY
18. Any data or records marked as confidential may be used or maintained only for the
limited purposes of the Research Pilot Program. The parties agree that (a) the
Department’s obligation under this section may be limited by the requirements of the
Freedom of Information Law or other applicable provisions of State and federal law
and (b) the parties shall comply with the provisions of the New York State Information
Security Breach and Notification Act (General Business Law § 899-aa; State Technology
Law § 208).
19. The Research Partner consents to: (a) the Department providing information to law
enforcement agencies about the industrial hemp research activities taking place at the
agricultural pilot program sites; (b) entry onto all premises where hemp plants, product
or materials are located by the Department, with or without cause, with or without
advance notice, for inspection, sampling, testing or any other purpose relating to the
research being conducted.
RISKS OF INDUSTRIAL HEMP RESEARCH
20. Pursuant to Title 7 U.S.C. § 5940, Sections 537 and 729 of the Consolidated
Appropriations Act of 2018, and New York State Agriculture and Markets Law Section
505, et seq., the Department has been granted the authority and has decided to
undertake an agricultural research pilot program with respect to industrial hemp as
provided for under Federal and state law. The Research Partner acknowledges that
absent participation in the Department’s Research Pilot Program, the conduct of the
research described herein might constitute a violation of both federal and state law.
21. The Research Partner is aware that: the United States Drug Enforcement
Administration (the “DEA”) considers industrial hemp a Schedule 1 Controlled
substance under 21 U.S.C. § 801 et seq.; the federal regulatory environment
surrounding industrial hemp is in transition; certain aspects of the law relating to
industrial hemp research are subject to differing interpretations; and the possession of
industrial hemp outside the terms of this Research Agreement or the Scope of Work
may constitute a violation of state and/or federal law and that anyone in possession of
such materials may be subject to local, state, and/or federal prosecution.
22. With DEA guidance stating that the interstate shipment of propagative material is
prohibited under the Controlled Substances Act, there is uncertainty concerning the
legality of transporting such domestic industrial hemp seed and propagative materials
Industrial Hemp Grower Agreement 12.3.18
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