NY State Senate Bill S6104

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to agriculture
May 16, 2019	referred to agriculture

S6104 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add Art 17-C §§223 - 223-d, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3588
2023-2024: S488

S6104 (ACTIVE) - Summary

Relates to enacting the New York state kratom consumer protection act; provides by such act labeling and other requirements for the sale of kratom products.

S6104 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6104

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to enacting
the "New York state kratom consumer protection act"

 
SUMMARY OF PROVISIONS:

Section 1. Short title. This act shall be known and may be cited as the
"New York state kratom consumer protection act".

Section 2. The agriculture and markets law is amended by adding a new
article 17-C to read as follows:

                              ARTICLE 17-C
                         NEW YORK STATE KRATOM
                        CONSUMER PROTECTION ACT

Section 223. Definitions.
223-a. Kratom product labeling.

223-b. Violations. 223-c. Penalties.
223-d. Rules and regulations.

Section 3: Effective Date.

 
JUSTIFICATION:

Kratom has been safely used for centuries in Southeast Asia by indige-
nous populations where kratom grows. Chewing on the leaves for an energy
boost and pain relief, field workers claimed the benefits of kratom
allowed them to be more productive and it provided pain relief from the
rigors of daily labor work. In Southeast Asia, researchers have docu-
mented there has never been an overdose death related to the consumption
of kratom.{1}

Kratom has become controversial due to the concerns of the U.S. Food and
Drug Administration (FDA) over the past decade as they have addressed
concerns about reports of deaths associated with kratom.  The FDA has
concluded that kratom has killed 44 people, and is a dangerous opioid
just like heroin, morphine, and fentanyl.

The American Kratom Association supports a more reasonable solution
where the FDA would provide specific regulatory controls on the manufac-
turing standards for kratom products, including (1) barring the addition
of any dangerous adulterant ingredient; (2) restricting any enhancement,
concentration, or synthetization of the 7-hydroxymitragynine alkaloid
content greater than levels that occur in the natural plant; (3) requir-
ing clear labeling of all ingredients; and (4) limiting the sale of
kratom products to anyone under the age of 18. This is the framework of
an initiative of the American Kratom Association known as the Kratom
Consumer Protection Act (KCPA) that has been enacted in Utah, Georgia,
and Arizona. This legislation is also under consideration in another
dozen states in the current legislative session.

 
LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

S6104 (ACTIVE) - Bill Text download pdf


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

                                  6104

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to enacting
  the "New York state kratom consumer protection act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York state kratom consumer protection act".
  § 2. The agriculture and markets law is amended by adding a new  arti-
cle 17-C to read as follows:
                               ARTICLE 17-C
                          NEW YORK STATE KRATOM
                         CONSUMER PROTECTION ACT
SECTION 223.   DEFINITIONS.
        223-A. KRATOM PRODUCT LABELING.
        223-B. VIOLATIONS.
        223-C. PENALTIES.
        223-D. RULES AND REGULATIONS.
  §  223.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "DEALER" SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, LIMITED  LIABILITY
COMPANY,  CORPORATION,  JOINT VENTURE, ASSOCIATION, TRUST, ESTATE OR ANY
OTHER LEGAL ENTITY, AND  ANY  OFFICER,  MEMBER,  SHAREHOLDER,  DIRECTOR,
EMPLOYEE,  AGENT  OR  REPRESENTATIVE  OF  ANY  SUCH  ENTITY  WHO  SELLS,
PREPARES, OR MAINTAINS KRATOM PRODUCTS, OR  ADVERTISES,  REPRESENTS,  OR
HOLDS  ITSELF  OUT  TO  BE  SELLING,  PREPARING,  OR  MAINTAINING KRATOM
PRODUCTS.
  2. "FOOD" SHALL MEAN ANY FOOD, FOOD PRODUCT, FOOD INGREDIENT,  DIETARY
INGREDIENT,  DIETARY SUPPLEMENT, OR BEVERAGE INTENDED FOR HUMAN CONSUMP-
TION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11879-01-9

S. 6104                             2

  3. "KRATOM PRODUCT" SHALL MEAN ANY FOOD CONTAINING ANY PART,  EXTRACT,
OR BYPRODUCT OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA.
  §  223-A.  KRATOM  PRODUCT LABELING. ANY DEALER WHO PREPARES, DISTRIB-
UTES, SELLS, OR EXPOSES FOR SALE A FOOD THAT  IS  REPRESENTED  TO  BE  A
KRATOM  PRODUCT  SHALL  DISCLOSE ON THE LABEL OF SUCH KRATOM PRODUCT THE
FACTUAL BASIS UPON WHICH SUCH REPRESENTATION IS MADE.
  § 223-B. VIOLATIONS. 1. NO DEALER SHALL PREPARE, DISTRIBUTE, SELL,  OR
EXPOSE FOR SALE ANY OF THE FOLLOWING:
  (A) ANY KRATOM PRODUCT THAT IS ADULTERATED WITH A DANGEROUS NON-KRATOM
SUBSTANCE.   A KRATOM PRODUCT IS ADULTERATED WITH A DANGEROUS NON-KRATOM
SUBSTANCE IF SUCH KRATOM PRODUCT IS MIXED OR PACKED  WITH  A  NON-KRATOM
SUBSTANCE  AND  SUCH  SUBSTANCE  AFFECTS THE QUALITY OR STRENGTH OF SUCH
KRATOM PRODUCT TO A DEGREE WHICH RENDERS SUCH KRATOM  PRODUCT  INJURIOUS
TO CONSUMERS.
  (B)  ANY KRATOM PRODUCT THAT IS CONTAMINATED WITH A DANGEROUS NON-KRA-
TOM SUBSTANCE. A KRATOM PRODUCT IS CONTAMINATED WITH  A  DANGEROUS  NON-
KRATOM  SUBSTANCE  IF SUCH KRATOM PRODUCT CONTAINS A POISONOUS OR OTHER-
WISE DELETERIOUS NON-KRATOM INGREDIENT, INCLUDING, BUT NOT  LIMITED  TO,
THE  SUBSTANCES LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC
HEALTH LAW.
  (C) ANY KRATOM PRODUCT CONTAINING A LEVEL OF  7-HYDROXYMITRAGYNINE  IN
THE  ALKALOID  FRACTION THAT IS GREATER THAN TWO PERCENT OF THE ALKALOID
COMPOSITION OF SUCH PRODUCT.
  (D) ANY KRATOM PRODUCT CONTAINING ANY  SYNTHETIC  ALKALOIDS  INCLUDING
SYNTHETIC  MITRAGYNINE,  SYNTHETIC  7-HYDROXYMITRAGYNINE,  OR  ANY OTHER
SYNTHETICALLY DERIVED COMPOUNDS OF THE KRATOM PLANT.
  (E) ANY KRATOM PRODUCT THAT DOES NOT INCLUDE ON ITS PACKAGE  OR  LABEL
THE  AMOUNT  OF  MITRAGYNINE  AND 7-HYDROXYMITRAGYNINE CONTAINED IN SUCH
PRODUCT, AND DIRECTIONS FOR SAFE AND EFFECTIVE USE BY CONSUMERS.
  2. NO DEALER SHALL DISTRIBUTE OR SELL ANY KRATOM PRODUCT TO  AN  INDI-
VIDUAL UNDER EIGHTEEN YEARS OF AGE.
  §  223-C.  PENALTIES.  1. A DEALER FOUND TO BE IN VIOLATION OF SECTION
TWO HUNDRED TWENTY-THREE-A OF THIS ARTICLE SHALL BE SUBJECT TO AN ADMIN-
ISTRATIVE FINE OF UP TO FIVE HUNDRED DOLLARS FOR THE FIRST  OFFENSE  AND
UP  TO  ONE  THOUSAND  DOLLARS  FOR  ANY  SUBSEQUENT OFFENSE. ANY PERSON
CHARGED WITH A FINE PURSUANT TO THIS SUBDIVISION SHALL HAVE THE RIGHT TO
REQUEST A HEARING TO CHALLENGE SUCH FINE.
  2. A DEALER FOUND TO BE IN VIOLATION OF SECTION  TWO  HUNDRED  TWENTY-
THREE-A  OR  SECTION TWO HUNDRED TWENTY-THREE-B OF THIS ARTICLE SHALL BE
GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT UP TO NINETY DAYS, A
FINE OF UP TO FIVE HUNDRED DOLLARS, OR BOTH.
  3. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS ARTICLE MAY,  IN  ADDI-
TION  TO  AND  DISTINCT  FROM ANY OTHER REMEDY AT LAW OR EQUITY, BRING A
PRIVATE CAUSE OF ACTION IN A COMPETENT COURT OF  JURISDICTION,  FOR  ANY
DAMAGES  RESULTING  FROM  SUCH  VIOLATION, INCLUDING BUT NOT LIMITED TO,
ECONOMIC, NONECONOMIC, AND CONSEQUENTIAL DAMAGES.
  4. A DEALER SHALL NOT BE IN VIOLATION OF THIS ARTICLE WHERE SUCH DEAL-
ER HAS DEMONSTRATED BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH  DEALER
RELIED IN GOOD FAITH UPON THE REPRESENTATIONS OF A MANUFACTURER, PROCES-
SOR, PACKER, OR DISTRIBUTOR OF A KRATOM PRODUCT THAT SUCH PRODUCT WAS IN
COMPLIANCE WITH THIS SECTION.
  §  223-D. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES
FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS  ARTICLE,  INCLUDING  BUT
NOT  LIMITED TO, THE FORMAT, SIZE, AND PLACEMENT OF THE DISCLOSURE LABEL
REQUIRED BY SECTION TWO HUNDRED TWENTY-THREE-A OF THIS ARTICLE, IN ADDI-

S. 6104                             3

TION TO THE INFORMATION WHICH  SHALL  BE  INCLUDED  ON  SUCH  DISCLOSURE
LABEL.
  § 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such effective date.

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The New York State Senate

senate Bill S6104

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

S6104 (ACTIVE) - Details

S6104 (ACTIVE) - Summary

S6104 (ACTIVE) - Sponsor Memo

S6104 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6104

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

S6104 (ACTIVE) - Details

S6104 (ACTIVE) - Summary

S6104 (ACTIVE) - Sponsor Memo

S6104 (ACTIVE) - Bill Text download pdf

Comments