Prohibits the sale or offering for sale, delivery or manufacture of food or beverages containing kratom or its derivatives, or 7-hydroxymitragynine; provides penalties.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9114
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of food or beverages containing kratom and 7-hydroxymitragynine
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the sale and manufacturing of food and drinks that contain
kratom
SUMMARY OF PROVISIONS:
Section 1 adds a new section 398-g to prohibit the sale or manufacture
of food or drinks containing kratom or any of its derivatives after
January 1, 2027,
Any violation of this section shall be a civil penalty of $500 for the
first and $1,000 for any subsequent violation.
Section 2 sets forth the effective date which shall take effect one year
after it becomes a law.
JUSTIFICATION:
The increasing prevalence of kratom-infused foods and drinks poses a
significant risk to public health and safety. Kratom, a plant native to
Southeast Asia, has psychoactive properties that often marketed as mood
boosters or natural stress relievers. It is sold in most gas stations
and vape shops. Other than giving users opioid-like effects, as many as
one-third of kratbm users experience significant side effects, including
liver toxicity, seizures, cardiac arrest, and brain bleeding.
Food and drink products containing kratom are. especially concerning
because they are often marketed in appealing forms such as single-use
beverages or infused snacks. These products are typically sold with
little oversight or warning labels which makes them easily accessible to
minors and individuals unaware of their dangers.
Unlike raw kratom powder or capsules, drinks and edibles can be easily
consumed in large quantities without users realizing the potency or
risk. Their flavoring and branding make them particularly appealing to
minors and first-time users who may be unaware of the health conse-
quences.
A targeted ban on the sale and manufacture of kratom-infused foods and
drinks would close a critical gap by focusing on the most accessible,
misleading, and potentially dangerous delivery method.
PRIOR LEGISLATIVE HISTORY:
None. New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect one year after it becomes a law.
STATE OF NEW YORK
________________________________________________________________________
9114
2025-2026 Regular Sessions
IN ASSEMBLY
September 26, 2025
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of food or beverages containing kratom and 7-hydroxymitragynine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 398-g to read as follows:
3 § 398-g. Kratom and 7-hydroxymitragynine package labeling. 1. For the
4 purposes of this section:
5 (a) "kratom" means both Mitragyna speciosa, a tree native to Southeast
6 Asia, and the products derived from its leaves that are marketed as
7 herbal supplements; and
8 (b) 7-hydroxymitragynine means a psychoactive compound that occurs
9 naturally in the kratom plant.
10 2. On or after January first, two thousand twenty-seven, no person or
11 entity shall sell or offer for sale or manufacture or deliver in this
12 state any food or beverage product containing 7-hydroxymitragynine,
13 kratom or any derivative thereof.
14 3. Any person or entity in violation of this section shall be subject
15 to a civil penalty of not more than five hundred dollars for a first
16 violation and not more than one thousand dollars for a second or subse-
17 quent violation.
18 § 2. This act shall take effect one year after it shall have become a
19 law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13687-02-5
