A00294 Summary:

BILL NOA00294
 
SAME ASNo Same As
 
SPONSORSteck
 
COSPNSR
 
MLTSPNSR
 
Amd Art 13-F Art Head, 1399-aa, add 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.
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A00294 Actions:

BILL NOA00294
 
01/06/2021referred to health
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A00294 Committee Votes:

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A00294 Floor Votes:

There are no votes for this bill in this legislative session.
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A00294 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           294
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Health
 
        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-
    22  ment,  "SALE  OF  KRATOM  TO  PERSONS  UNDER  TWENTY-ONE YEARS OF AGE IS
    23  PROHIBITED BY LAW".  Such sign shall be printed on a white card  in  red
    24  letters at least one-half inch in height.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04241-01-1

        A. 294                              2
 
     1    (b)  Sales  of  kratom  shall be made only to an individual who demon-
     2  strates, through (i) a valid driver's license or non-driver's  identifi-
     3  cation  card  issued  by the commissioner of motor vehicles, the federal
     4  government, any United States territory, commonwealth or possession, the
     5  District  of  Columbia, a state government within the United States or a
     6  provincial government of the dominion of Canada, or (ii) a  valid  pass-
     7  port  issued  by  the  United States government or any other country, or
     8  (iii) an identification card issued by the armed forces  of  the  United
     9  States,  or  (iv) any other photographic identification card issued by a
    10  governmental entity or educational institution indicating that the indi-
    11  vidual is at least twenty-one years of age. Such identification need not
    12  be required of any individual who reasonably  appears  to  be  at  least
    13  twenty-five  years of age, provided, however, that such appearance shall
    14  not constitute a defense in any proceeding alleging the sale  of  kratom
    15  to an individual under twenty-one years of age.
    16    (c)(i) Any person operating a place of business wherein kratom is sold
    17  or offered for sale may perform a transaction scan as a precondition for
    18  such purchases.
    19    (ii)  In  any  instance where the information deciphered by the trans-
    20  action scan fails to match  the  information  printed  on  the  driver's
    21  license  or  non-driver  identification card, or if the transaction scan
    22  indicates that the information is false  or  fraudulent,  the  attempted
    23  transaction shall be denied.
    24    (iii)  In  any proceeding pursuant to section thirteen hundred ninety-
    25  nine-ee of this article, it shall be an affirmative  defense  that  such
    26  person had produced a driver's license or non-driver identification card
    27  apparently  issued by a governmental entity, successfully completed that
    28  transaction scan, and that the kratom has been sold, delivered or  given
    29  to such person in reasonable reliance upon such identification and tran-
    30  saction  scan.  In  evaluating  the  applicability  of  such affirmative
    31  defense the commissioner shall take into consideration any written poli-
    32  cy adopted and implemented by the seller to effectuate the provisions of
    33  this article. Use of a transaction scan  shall  not  excuse  any  person
    34  operating  a  place  of business wherein kratom is sold, or the agent or
    35  employee of such person,  from  the  exercise  of  reasonable  diligence
    36  otherwise   required   by  this  article.    Notwithstanding  the  above
    37  provisions, any such affirmative defense shall not be applicable in  any
    38  civil or criminal proceeding, or in any other forum.
    39    (d)  A business or agent or employee of such business shall only use a
    40  device capable of deciphering any electronically  readable  format,  and
    41  shall  only  use the information recorded and maintained through the use
    42  of such devices, for the purposes contained in  paragraph  (c)  of  this
    43  subdivision.  No  business  or  agent or employee of such business shall
    44  resell or disseminate the information recorded during such a scan to any
    45  third person. Such prohibited resale or dissemination  includes  but  is
    46  not  limited  to  any  advertising, marketing or promotional activities.
    47  Notwithstanding the  restrictions  imposed  by  this  subdivision,  such
    48  records may be released pursuant to a court ordered subpoena or pursuant
    49  to  any  other  statute that specifically authorizes the release of such
    50  information. Each violation of this subdivision shall be punishable by a
    51  civil penalty of not more than one thousand dollars.
    52    (e) A business or agent or employee of  such  business  may  electron-
    53  ically  or  mechanically record and maintain only the information from a
    54  transaction scan necessary to effectuate this section. Such  information
    55  shall  be  limited to the following: (i) name, (ii) date of birth, (iii)

        A. 294                              3

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