S T A T E O F N E W Y O R K
________________________________________________________________________
294
2021-2022 Regular Sessions
I N A S S E M B L Y
(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:
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
§ 2. Section 1399-aa of the public health law is amended by adding a
new subdivision 19 to read as follows:
19. "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.
§ 3. Article 13-F of the public health law is amended by adding a new
section 1399-mmm to read as follows:
§ 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 PLACE OF BUSINESS WHEREIN KRATOM IS SOLD
OR OFFERED FOR SALE IS PROHIBITED FROM SELLING SUCH KRATOM TO INDIVID-
UALS UNDER TWENTY-ONE YEARS OF AGE, AND SHALL POST IN A CONSPICUOUS
PLACE A SIGN UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATE-
MENT, "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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04241-01-1
A. 294 2
(B) SALES OF KRATOM SHALL BE MADE ONLY TO AN INDIVIDUAL WHO DEMON-
STRATES, THROUGH (I) A VALID DRIVER'S LICENSE OR NON-DRIVER'S IDENTIFI-
CATION CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL
GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE
DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES OR A
PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA, OR (II) A VALID PASS-
PORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY, OR
(III) AN IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED
STATES, OR (IV) ANY OTHER PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A
GOVERNMENTAL ENTITY OR EDUCATIONAL INSTITUTION INDICATING THAT THE INDI-
VIDUAL IS AT LEAST TWENTY-ONE YEARS OF AGE. SUCH IDENTIFICATION NEED NOT
BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS TO BE AT LEAST
TWENTY-FIVE YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL
NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE SALE OF KRATOM
TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE.
(C)(I) ANY PERSON OPERATING A PLACE OF BUSINESS WHEREIN KRATOM IS SOLD
OR OFFERED FOR SALE MAY PERFORM A TRANSACTION SCAN AS A PRECONDITION FOR
SUCH PURCHASES.
(II) IN ANY INSTANCE WHERE THE INFORMATION DECIPHERED BY THE TRANS-
ACTION SCAN FAILS TO MATCH THE INFORMATION PRINTED ON THE DRIVER'S
LICENSE OR NON-DRIVER IDENTIFICATION CARD, OR IF THE TRANSACTION SCAN
INDICATES THAT THE INFORMATION IS FALSE OR FRAUDULENT, THE ATTEMPTED
TRANSACTION SHALL BE DENIED.
(III) IN ANY PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-
NINE-EE OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT SUCH
PERSON HAD PRODUCED A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD
APPARENTLY ISSUED BY A GOVERNMENTAL ENTITY, SUCCESSFULLY COMPLETED THAT
TRANSACTION SCAN, AND THAT THE KRATOM HAS BEEN SOLD, DELIVERED OR GIVEN
TO SUCH PERSON IN REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRAN-
SACTION SCAN. IN EVALUATING THE APPLICABILITY OF SUCH AFFIRMATIVE
DEFENSE THE COMMISSIONER SHALL TAKE INTO CONSIDERATION ANY WRITTEN POLI-
CY ADOPTED AND IMPLEMENTED BY THE SELLER TO EFFECTUATE THE PROVISIONS OF
THIS ARTICLE. USE OF A TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON
OPERATING A PLACE OF BUSINESS WHEREIN KRATOM IS SOLD, OR THE AGENT OR
EMPLOYEE OF SUCH PERSON, FROM THE EXERCISE OF REASONABLE DILIGENCE
OTHERWISE REQUIRED BY THIS ARTICLE. NOTWITHSTANDING THE ABOVE
PROVISIONS, ANY SUCH AFFIRMATIVE DEFENSE SHALL NOT BE APPLICABLE IN ANY
CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER FORUM.
(D) A BUSINESS OR AGENT OR EMPLOYEE OF SUCH BUSINESS SHALL ONLY USE A
DEVICE CAPABLE OF DECIPHERING ANY ELECTRONICALLY READABLE FORMAT, AND
SHALL ONLY USE THE INFORMATION RECORDED AND MAINTAINED THROUGH THE USE
OF SUCH DEVICES, FOR THE PURPOSES CONTAINED IN PARAGRAPH (C) OF THIS
SUBDIVISION. NO BUSINESS OR AGENT OR EMPLOYEE OF SUCH BUSINESS SHALL
RESELL OR DISSEMINATE THE INFORMATION RECORDED DURING SUCH A SCAN TO ANY
THIRD PERSON. SUCH PROHIBITED RESALE OR DISSEMINATION INCLUDES BUT IS
NOT LIMITED TO ANY ADVERTISING, MARKETING OR PROMOTIONAL ACTIVITIES.
NOTWITHSTANDING THE RESTRICTIONS IMPOSED BY THIS SUBDIVISION, SUCH
RECORDS MAY BE RELEASED PURSUANT TO A COURT ORDERED SUBPOENA OR PURSUANT
TO ANY OTHER STATUTE THAT SPECIFICALLY AUTHORIZES THE RELEASE OF SUCH
INFORMATION. EACH VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A
CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
(E) A BUSINESS OR AGENT OR EMPLOYEE OF SUCH BUSINESS MAY ELECTRON-
ICALLY OR MECHANICALLY RECORD AND MAINTAIN ONLY THE INFORMATION FROM A
TRANSACTION SCAN NECESSARY TO EFFECTUATE THIS SECTION. SUCH INFORMATION
SHALL BE LIMITED TO THE FOLLOWING: (I) NAME, (II) DATE OF BIRTH, (III)
A. 294 3
DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION NUMBER, AND (IV) EXPIRA-
TION DATE.
(F) AS USED IN THIS SUBDIVISION, "A DEVICE CAPABLE OF DECIPHERING ANY
ELECTRONICALLY READABLE FORMAT", "CARD HOLDER" AND "TRANSACTION SCAN"
SHALL HAVE THE SAME MEANINGS AS ARE ASCRIBED TO SUCH TERMS BY SECTION
THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE.
§ 4. The commissioner of health shall conduct a study relating to
kratom. The study shall include but not be limited to the potential
health risks, benefits and effects of kratom and shall review all avail-
able data relating to such. Such commissioner shall publish and submit a
report of his or her findings and recommendations to the governor, the
speaker of the assembly and the temporary president of the senate on or
before one year from the effective date of this act.
§ 5. This act shall take effect immediately.