•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A02340 Summary:

BILL NOA02340A
 
SAME ASSAME AS S04552-A
 
SPONSORMcDonald
 
COSPNSRSteck, Woerner, Walsh, Ra, Santabarbara, Griffin, Colton, Shimsky, Blankenbush, Durso, Hawley, McDonough, Manktelow, Buttenschon, Glick, Hevesi, Lunsford, Ramos, Giglio, Brown K, DeStefano, Norber, Gallahan, Sayegh
 
MLTSPNSR
 
Amd Art 13-F Art Head, §1399-aa, add Art 13-F §1399-mmm, Pub Health L
 
Prohibits the sale of kratom to individuals under the age of twenty-one; imposes a civil penalty of not more than five hundred dollars for the sale or provision of kratom to any person under the age of twenty-one.
Go to top

A02340 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2340--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by  M.  of A. McDONALD, STECK, WOERNER, WALSH, RA, SANTABAR-
          BARA, GRIFFIN, COLTON, SHIMSKY, BLANKENBUSH, DURSO, HAWLEY, McDONOUGH,
          MANKTELOW,  BUTTENSCHON,  GLICK,  HEVESI,  LUNSFORD,  RAMOS,   GIGLIO,
          K. BROWN, DeSTEFANO, NORBER, GALLAHAN -- read once and referred to the
          Committee  on  Health  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation to the prohibition of
          the sale of kratom to individuals under the age of twenty-one
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  article heading of article 13-F of the public health
     2  law, as amended by chapter 448 of the laws of 2012, is amended  to  read
     3  as follows:
     4             REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES,
     5               KRATOM AND SMOKING PARAPHERNALIA; DISTRIBUTION
     6                                  TO MINORS
     7    §  2.  Section 1399-aa of the public health law is amended by adding a
     8  new subdivision 19 to read as follows:
     9    19. "Kratom" means any part of the plant Mitragyna  speciosa,  whether
    10  growing  or  not,  and  any  compound,  manufacture,  salt,  derivative,
    11  mixture, or preparation of such plant.
    12    § 3. Article 13-F of the public health law is amended by adding a  new
    13  section 1399-mmm to read as follows:
    14    §  1399-mmm.  Sale  of kratom prohibited. 1. No person shall knowingly
    15  sell or provide kratom to any other person  under  twenty-one  years  of
    16  age. Any person who violates the provisions of this subdivision shall be
    17  subject to a civil penalty of not more than five hundred dollars.
    18    2.(a)  Any person operating a place of business wherein kratom is sold
    19  or offered for sale is prohibited from selling such kratom  to  individ-
    20  uals  under  twenty-one  years  of  age, and shall post in a conspicuous
    21  place a sign upon which there shall be imprinted  the  following  state-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01552-02-5

        A. 2340--A                          2
 
     1  ment,  "SALE  OF  KRATOM  TO  PERSONS  UNDER  TWENTY-ONE YEARS OF AGE IS
     2  PROHIBITED BY LAW".  Such sign shall be printed on a white card  in  red
     3  letters at least one-half inch in height.
     4    (b)  Sales  of  kratom  shall be made only to an individual who demon-
     5  strates, through (i) a valid driver's license or non-driver's  identifi-
     6  cation  card  issued  by the commissioner of motor vehicles, the federal
     7  government, any United States territory, commonwealth or possession, the
     8  District of Columbia, a state government within the United States  or  a
     9  provincial  government  of the dominion of Canada, or (ii) a valid pass-
    10  port issued by the United States government or  any  other  country,  or
    11  (iii)  an  identification  card issued by the armed forces of the United
    12  States, or (iv) any other photographic identification card issued  by  a
    13  governmental entity or educational institution indicating that the indi-
    14  vidual is at least twenty-one years of age. Such identification need not
    15  be  required  of  any  individual  who reasonably appears to be at least
    16  twenty-five years of age, provided, however, that such appearance  shall
    17  not  constitute  a defense in any proceeding alleging the sale of kratom
    18  to an individual under twenty-one years of age.
    19    (c)(i) Any person operating a place of business wherein kratom is sold
    20  or offered for sale may perform a transaction scan as a precondition for
    21  such purchases.
    22    (ii) In any instance where the information deciphered  by  the  trans-
    23  action  scan  fails  to  match  the  information printed on the driver's
    24  license or non-driver identification card, or if  the  transaction  scan
    25  indicates  that  the  information  is false or fraudulent, the attempted
    26  transaction shall be denied.
    27    (iii) In any proceeding pursuant to section thirteen  hundred  ninety-
    28  nine-ee  of  this  article, it shall be an affirmative defense that such
    29  person had produced a driver's license or non-driver identification card
    30  apparently issued by a governmental entity, successfully completed  that
    31  transaction  scan, and that the kratom has been sold, delivered or given
    32  to such person in reasonable reliance upon such identification and tran-
    33  saction scan.  In  evaluating  the  applicability  of  such  affirmative
    34  defense the commissioner shall take into consideration any written poli-
    35  cy adopted and implemented by the seller to effectuate the provisions of
    36  this  article.  Use  of  a  transaction scan shall not excuse any person
    37  operating a place of business wherein kratom is sold, or  the  agent  or
    38  employee  of  such  person,  from  the  exercise of reasonable diligence
    39  otherwise  required  by  this  article.     Notwithstanding  the   above
    40  provisions,  any such affirmative defense shall not be applicable in any
    41  civil or criminal proceeding, or in any other forum.
    42    (d) A business or agent or employee of such business shall only use  a
    43  device  capable  of  deciphering any electronically readable format, and
    44  shall only use the information recorded and maintained through  the  use
    45  of  such  devices,  for  the purposes contained in paragraph (c) of this
    46  subdivision. No business or agent or employee  of  such  business  shall
    47  resell or disseminate the information recorded during such a scan to any
    48  third  person.  Such  prohibited resale or dissemination includes but is
    49  not limited to any advertising,  marketing  or  promotional  activities.
    50  Notwithstanding  the  restrictions  imposed  by  this  subdivision, such
    51  records may be released pursuant to a court ordered subpoena or pursuant
    52  to any other statute that specifically authorizes the  release  of  such
    53  information.  Each  violation of this paragraph shall be punishable by a
    54  civil penalty of not more than one thousand dollars.
    55    (e) A business or agent or employee of  such  business  may  electron-
    56  ically  or  mechanically record and maintain only the information from a

        A. 2340--A                          3

     1  transaction scan necessary to effectuate this section. Such  information
     2  shall  be  limited to the following: (i) name, (ii) date of birth, (iii)
     3  driver's license or non-driver identification number, and  (iv)  expira-
     4  tion date.
     5    (f)  As used in this subdivision, "a device capable of deciphering any
     6  electronically readable format", "card holder"  and  "transaction  scan"
     7  shall  have  the  same meanings as are ascribed to such terms by section
     8  thirteen hundred ninety-nine-cc of this article.
     9    § 4. The commissioner of health shall  conduct  a  study  relating  to
    10  kratom.  The  study  shall  include  but not be limited to the potential
    11  health risks, benefits and effects of kratom and shall review all avail-
    12  able data relating to such. The commissioner shall publish and submit  a
    13  report of such findings and recommendations to the governor, the speaker
    14  of  the  assembly and the temporary president of the senate on or before
    15  one year from the effective date of this act.
    16    § 5. This act shall take effect immediately.
Go to top