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The state Department of Agriculture and Markets has suddenly decreed that "No food or beverage product may be made or sold in New York State if it contains cannabidiol (CBD) as a food, a food additive or an ingredient."

The Department called it a "clarification" of its "position," but this was news to our industry. NYACS is unaware of any previous communication by the Department to the trade concerning CBD-infused products.

"Food or beverage products that are found by Department inspectors, in either a processing facility or in the marketplace, to contain CBD are considered adulterated (FD&C Act, sec. 301(b) and AML, sec. 200)," said the announcement, which was emailed to NYACS on July 19, 2019, after 5 p.m.

Ag & Markets said such products "are subject to enforcement actions taken by the Department or the U.S. Food and Drug Administration" possibly including:
   - "Voluntary removal of products"
   - "Seizure and/or destruction of products"
   - "Issuance of a fine and/or a failing sanitary inspection"

The Department invited anyone with questions to contact its Division of Food Safety and Inspection at This email address is being protected from spambots. You need JavaScript enabled to view it. or its Division of Milk Control at This email address is being protected from spambots. You need JavaScript enabled to view it. or 518-457-1772 with any questions.

NYACS emailed this question: Which subsection of Section 200 of the state Agriculture and Markets Law, titled "Adulteration of Food," applies here?

Their response: "Both AML 200.1 and 200.2 apply, they read as follows:"

Food shall be deemed to be adulterated: 

1. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subdivision if the quantity of such substance in such food does not ordinarily render it injurious to health.

2. If it bears or contains any added poisonous or added deleterious substance other than one which is (a) a pesticide chemical in or on a raw agricultural commodity, (b) a food additive, or (c) a color additive, which is unsafe within the meaning of section two hundred two, or if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section four hundred eight-a of the federal food, drug and cosmetic act, as amended, or if it is, or it bears or contains, any food additive which is unsafe within the meaning of section four hundred nine of such federal act, as amended; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section four hundred eight of such federal act, and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food, when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity.

According to Ag & Markets, if CBD gummies are labeled as a dietary supplement (look for the Supplement Facts panel on the label), they can be sold, but if they are labeled as a food (Nutrition Facts panel), they may not.
 
The Department said hemp seed products can continue to be sold, because they are generally regarded as safe. The issue surrounds the extraction of CBD from other parts of the hemp plant and its use in food and beverages.
 
"We are taking an educational approach to this rather than going right to enforcement," said Jennifer Trodden, Deputy Commissioner. They're not sending out a CBD strike force to seize CBD products. Rather, as Ag & Markets personnel conduct their routine sanitation inspections, should they observe illegal CBD products, action will be taken. The Department expects that 99 percent of retailers, once informed, will voluntarily remove such products from their shelves.

Read Ag & Markets CBD Q & A
 
See Copy of Ag & Markets Letter

Read FDA FAQ on CBD Products

NYACS 2022 Fall Conference and Chairmen's Open Golf Tournament

September 21-22, 2022 • Cooperstown, NY logo snap

We cordially invite you to NYACS' annual Fall Conference and Chairmen’s Open Golf Tournament. Learn, explore, and network with New York’s top convenience store retailers and suppliers in a relaxed atmosphere.

Schedule

Wednesday, September 21, 2022
The Otesaga • 60 Lake Street • Cooperstown, NY

  • 8:00 am–9:30 am
    Cooperstown Historic Trolley Tour - $30
    If you're coming into town the night before the conference, you can start your day with a scenic autumn trolley tour of Cooperstown. (Breakfast will be on your own.) 
  • 11:00 am–1:00 pm
    NYACS Board Meetings (board members only) 

  • 1:00–2:00 pm
    Opening Luncheon - $50
    All are welcome!

  • 2:00–3:15 pm
    NYACS Legislative & Convention Committee Meetings
    Not on a committee? Come sit in anyway! All are welcome.

  • 3:30–5:00 pm
    General Membership Meeting
    Presentations on timely topics impacting your convenience store business. Details coming soon!

  • 5:00–6:00 pm
    Patio Reception
    Join us on the patio overlooking the gorgeous Otsego Lake as we get reacquainted!

  • 6:00–8:00 pm
    Station-Style Dinner - $145 (reception included)
    Featuring a carving station and a mac & cheese action station, you'll get to mingle with everyone and enjoy the best menu Cooperstown has to offer!
    SPONSORED BY:  REYNOLDS ABT logo blue

Attire for this year's conference is business casual.

Thursday, September 22, 2022
Chairmen's Open Golf Tournament • Leatherstocking Golf Course at The Otesaga • 60 Lake Street • Cooperstown, NY
$210 Per Golfer (includes cart, greens fees, breakfast, lunch, and beverages)
$250 Tee Sponsorship

SPONSORED BY: Ciminelli logo 2016 179 K CS3 copy

  • 8:00–9:00 am 
    Registration/Light Breakfast

  • 9:00 am
    Shotgun Start

  • 1:30 pm 
    Lunch and Prizes

Click here to view the course score card.

National Baseball Hall of Fame & Museum • 25 Main Street • Cooperstown, NY
$45 Per Person (includes light breakfast and coffee beforehand)

  • 8:00–9:00 am 
    Light Breakfast on Leatherstocking Golf Course at the Otesaga patio

  • 9:00 am
    Hall of Fame Opens. A 10-minute walk from The Otesaga or click here for parking information.

Overnight Accommodations

The Otesaga • 60 Lake Street • Cooperstown, NY
$235 per night
Rooms are available Tuesday, 9/20, and Wednesday, 9/21

To reserve online:

  1. Go to www.otesaga.com
  2. Click "Book Now" in the upper right
  3. Enter the dates you wish to stay and click "Check Availability"
  4. Click "Add Code" in the left margin and select "Group Attendee"
  5. Enter Group Code 3522267 and click "Add" (Please note this code is only to be used online and not when calling in.)
  6. Click "Select & Go to the Next Step"
  7. Make any date changes necessary and click "Update Dates of Stay"
  8. Select your room type and click "Book"!

To reserve over the phone:

Call the Reservations Office at 866-494-0085 daily 8:30a-5p. To get the special rate, please mention the New York Association of Convenience Stores meeting, September 20-22.

Conference Highlights

Get to Know Cooperstown on a Historic Trolley Tour
Starting right at The Otesaga this tour includes quick stops at Cooperstown's most popular destinations including Otsego Lake, the National Baseball Hall of Fame and Museum, The Farmers’ Museum, Fenimore Art Museum, and Hyde Hall. The tour is live narrated and takes you all around Otsego Lake.

Experience the Value of a NYACS Membership Meeting
Surrounded by your industry peers, receive updates and insights on some of the most important issues and challenges facing New York's convenience stores today.

Play a Round at the Chairmen’s Open…
Enjoy a day of golf and networking at the Leatherstocking Golf Course with a boxed lunch afterward. The Chairmen’s Open benefits Convenience PAC, the political action committee through which NYACS supports candidates for state offices. Tee sponsorships are available!

…or Explore the National Baseball Hall of Fame & Museum
For non-golfers, we've reserved your ticket to dive into baseball's past and discover the players, managers, executives, and umpires who have achieved excellence in the sport of baseball.

Help Shape the 2023 NYACS Trade Show
Take part in a meeting of the NYACS Convention Committee, where we plan and organize the annual Trade Show & Convention. Even if you’re not on the committee, we could use your input, so please come and participate.

Help Shape the 2023 NYACS Issues Agenda
Take part in a meeting of the NYACS Legislative Committee as we begin developing our policy positions for next year on tobacco, motor fuel, beverage, labor, and other issues.

Click Here to Register

Registration cancelations made prior to September 15th will be refunded.