assembly Bill A9121

2015-2016 Legislative Session

Relates to the prohibition of the sale of kratom to individuals under the age of twenty-one

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Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2016 referred to health

A9121 - Details

Law Section:
Public Health Law
Laws Affected:
Amd Art 13-f Head, §1399-aa, add Art 13-f §1399-mmm, Pub Health L

A9121 - Summary

Relates to the prohibition of the sale of kratom to individuals under the age of twenty-one by any business, or agent thereof.

A9121 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9121

                          I N  A S S E M B L Y

                            January 28, 2016
                               ___________

Introduced  by M. of A. LINARES -- read once and referred to the Commit-
  tee 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:

  Section  1.  The  article heading of article 13-f of the public health
law, as amended by chapter 448 of the laws of 2012, is amended  to  read
as follows:
  REGULATION  OF TOBACCO PRODUCTS, HERBAL CIGARETTES, KRATOM AND SMOKING
PARAPHERNALIA; DISTRIBUTION TO MINORS
  S 2. Section 1399-aa of the public health law is amended by  adding  a
new subdivision 14 to read as follows:
  14.  "KRATOM"  MEANS ANY PART OF THE PLANT MITRAGYNA SPECIOSA, WHETHER
GROWING  OR  NOT,  AND  ANY  COMPOUND,  MANUFACTURE,  SALT,  DERIVATIVE,
MIXTURE, OR PREPARATION OF SUCH PLANT.
  S  3. Article 13-f of the public health law is amended by adding a new
section 1399-mmm to read as follows:
  S 1399-MMM. SALE OF KRATOM PROHIBITED. 1. NO  PERSON  SHALL  KNOWINGLY
SELL  OR  PROVIDE KRATOM TO   ANY OTHER PERSON UNDER TWENTY-ONE YEARS OF
AGE. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  2.(A) ANY PERSON OPERATING  A  BUSINESS  WHEREIN  KRATOM  IS  SOLD  OR
OFFERED  FOR  SALE IS PROHIBITED FROM SELLING SUCH KRATOM TO INDIVIDUALS
UNDER TWENTY-ONE YEARS OF AGE, AND SHALL POST IN A CONSPICUOUS  PLACE  A
SIGN  UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT, "SALE
OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS  OF  AGE  IS  PROHIBITED  BY
LAW."    SUCH  SIGN  SHALL  BE PRINTED ON A WHITE CARD IN RED LETTERS AT
LEAST ONE-HALF INCH IN HEIGHT.
  (B) SALES OF KRATOM SHALL BE MADE ONLY TO  AN  INDIVIDUAL  WHO  DEMON-
STRATES,  THROUGH  A  DRIVER'S LICENSE OR OTHER PHOTOGRAPHIC IDENTIFICA-
TION CARD ISSUED BY A GOVERNMENT ENTITY OR EDUCATIONAL INSTITUTION INDI-
CATING THAT THE INDIVIDUAL IS AT LEAST TWENTY-ONE  YEARS  OF  AGE.  SUCH
IDENTIFICATION  NEED  ONLY  BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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