Senate Bill S2599

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2599
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed 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 eighteen
 
   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 EIGHTEEN 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 EIGHTEEN 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 EIGHTEEN 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.
                                                            LBD04544-01-1
              

 S. 2599                             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 EIGHTEEN 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 EIGHTEEN 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)

 S. 2599                             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.