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S08285 Summary:

BILL NOS08285
 
SAME ASSAME AS A05852-A
 
SPONSORSKOUFIS
 
COSPNSRTEDISCO
 
MLTSPNSR
 
Add §398-g, Gen Bus L
 
Requires manufacturers of kratom products within the state to have a warning label that the product has not been approved by the federal food and drug administration and the products' side effects; prohibits labeling of kratom products as all natural.
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S08285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8285
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 30, 2025
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN ACT to amend the general business law,  relating  to  regulating  the
          sale of kratom products
 
          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 package labeling. 1. For the purposes of this section,
     4  the following terms shall have the following meanings:
     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.
     8    (b) "All natural" means a product that contains no artificial ingredi-
     9  ents or added colors and is minimally processed.
    10    2.  On  each  package  of  any  kratom  product sold or delivered by a
    11  manufacturer within this state on or after January first,  two  thousand
    12  twenty-six, there shall be printed thereon or attached thereto a warning
    13  of  such product's lack of federal food and drug administration approval
    14  and such kratom products' known side effects.  Such warning shall be  in
    15  a  font  not less than twelve-point type and in a color in contrast with
    16  the package containing  such  kratom  product,  and  shall  contain  the
    17  following statement:
    18                                  "WARNING
    19  This  product has not been approved by the FDA. Side effects may include
    20  nausea, agitation, hallucinations, difficulty breathing,  liver  damage,
    21  and death"
    22    3. No kratom product shall be advertised as nor shall the packaging of
    23  such kratom product suggest, state, or imply that such kratom product is
    24  all natural.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09239-03-5

        S. 8285                             2
 
     1    4. Any manufacturer in violation of this section shall be subject to a
     2  civil  penalty  of  not  more  than  five  hundred  dollars  for a first
     3  violation and not more than one thousand dollars for a second or  subse-
     4  quent violation.
     5    §  2. This act shall take effect one year after it shall have become a
     6  law.
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