S T A T E O F N E W Y O R K
________________________________________________________________________
10969
I N A S S E M B L Y
April 14, 2026
___________
Introduced by M. of A. BLUMENCRANZ -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting harm-
ful synthetic and adulterated kratom products, and requiring testing,
labeling, and enforcement for natural kratom products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "synthetic
kratom kills act".
§ 2. Legislative intent. The legislature hereby finds and declares
that:
1. Kratom (Mitragyna speciosa), a plant-based product, is used by many
New Yorkers for potential benefits such as pain relief, mood support,
and aid for conditions like PTSD among veterans, when derived from
natural leaf in moderate forms.
2. However, dangerous synthetic or semi-synthetic kratom products,
including those with elevated levels of 7-hydroxymitragynine (7-OH) or
chemical alterations, have been linked to serious adverse events,
including deaths and overdoses, as reported in public health data.
3. Existing mechanisms, including recent prohibitions on sales to
those under 21 and mandatory warning labels, are important but insuffi-
cient to fully address adulteration, untested potency, misleading
marketing, and youth appeal in synthetic variants.
4. Evidence from other jurisdictions demonstrates that unregulated
synthetics pose significant risks, while regulated natural leaf with
quality controls reduces harm without eliminating access.
5. Modern testing capabilities, including third-party laboratories,
allow for verification of alkaloid content, absence of contaminants, and
product safety prior to sale.
6. At the same time, consumer education through detailed labeling is
essential to promote safe, informed use and prevent interactions or
misuse.
7. It is the intent of the legislature to ban harmful synthetics and
adulterated products outright, while regulating natural kratom through
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15506-01-6
A. 10969 2
testing, labeling, age restrictions, and local enforcement to protect
public health, ensure consumer safety, and preserve access to beneficial
natural forms.
8. The legislature further intends to focus on civil enforcement
tools, avoiding criminalization of natural products, to deter violations
effectively while supporting responsible commerce.
§ 3. The public health law is amended by adding a new section
1399-mmmm to read as follows:
§ 1399-MMMM. KRATOM CONSUMER PROTECTION AND REGULATION. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "KRATOM LEAF" MEANS THE LEAF OF THE KRATOM PLANT, ALSO KNOWN AS
MITRAGYNA SPECIOSA, IN FRESH, DEHYDRATED, OR DRIED FORM THAT UNDERGOES
NO POSTHARVEST PROCESSING OTHER THAN DRYING OR SIZE REDUCTION, BY
CUTTING, MILLING, OR SIMILAR PROCEDURE OR BY CLEANING OR STERILIZATION
THROUGH APPLICATION OF HEAT, STEAM, PRESSURIZATION, IRRADIATION, OR
OTHER STANDARD TREATMENTS APPLIED TO FOOD INGREDIENTS. NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO LIMIT THE NATURALLY OCCURRING TOTAL
ALKALOID CONTENT OF KRATOM LEAF, PROVIDED THAT ALKALOID LEVELS ARE VERI-
FIED AS NATURALLY OCCURRING AND UNADULTERATED THROUGH THIRD-PARTY LABO-
RATORY TESTING AS REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION.
(B) "KRATOM PRODUCT" MEANS A PRODUCT MARKETED FOR HUMAN CONSUMPTION
CONTAINING ANY PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA, INCLUD-
ING ANY SUCH PRODUCT SOLD OR MARKETED UNDER AN ALTERNATIVE NAME, TRADE
NAME, OR LABELING THAT DOES NOT IDENTIFY THE PRODUCT AS KRATOM, AND DOES
NOT CONTAIN ANY SYNTHESIZED KRATOM MATERIAL.
(C) "SYNTHESIZED KRATOM MATERIAL" MEANS: (I) AN ALKALOID OR ALKALOID
DERIVATIVE THAT HAS BEEN CREATED BY CHEMICAL SYNTHESIS OR BIOSYNTHETIC
MEANS (INCLUDING BUT NOT LIMITED TO: FERMENTATION, RECOMBINANT TECH-
NIQUES, YEAST DERIVED, ENZYMATIC TECHNIQUES), RATHER THAN TRADITIONAL
FOOD PREPARATION TECHNIQUES SUCH AS HEATING OR EXTRACTING THAT SYNTHET-
ICALLY ALTERS THE MOLECULAR STRUCTURE OF ANY KRATOM ALKALOID OR CONSTIT-
UENT; OR (II) AN ALKALOID OR ALKALOID DERIVATIVE CONTAINED IN KRATOM
THAT HAS BEEN EXPOSED TO CHEMICALS OR PROCESSES THAT WOULD CONFER A
STRUCTURAL CHANGE IN THE ALKALOIDS.
(D) "ADULTERATED KRATOM PRODUCT" MEANS A KRATOM PRODUCT THAT IS ADUL-
TERATED WITH A DANGEROUS SUBSTANCE OTHER THAN KRATOM OR WITH A SUBSTANCE
THAT AFFECTS THE QUALITY OR STRENGTH OF THE KRATOM PRODUCT TO A DEGREE
AS TO RENDER THE KRATOM PRODUCT INJURIOUS TO A CONSUMER.
(E) "MANUFACTURER" MEANS A PERSON OR BUSINESS THAT PRODUCES, PREPARES,
COMPOUNDS, OR PROCESSES KRATOM PRODUCTS, INCLUDING ANY PERSON OR BUSI-
NESS PACKAGING, REPACKAGING, LABELING, OR RELABELING OF KRATOM PRODUCTS.
(F) "RETAILER" MEANS A PERSON OR BUSINESS THAT SELLS OR MAINTAINS
KRATOM PRODUCTS OR THAT ADVERTISES, REPRESENTS OR HOLDS ITSELF OUT AS
SELLING OR MAINTAINING KRATOM PRODUCTS.
(G) "DISTRIBUTOR" MEANS ANY PERSON OR BUSINESS ENTITY ENGAGED IN THE
BUSINESS OF PURCHASING KRATOM PRODUCTS FROM A MANUFACTURER AND SELLING
OR OTHERWISE DISTRIBUTING SUCH PRODUCTS TO RETAILERS OR OTHER PERSONS
FOR RESALE. A COMMON CARRIER SHALL NOT BE CONSIDERED A DISTRIBUTOR SOLE-
LY BY VIRTUE OF TRANSPORTING KRATOM PRODUCTS IN THE ORDINARY COURSE OF
BUSINESS.
(H) "THIRD-PARTY LABORATORY" MEANS A LABORATORY THAT HAS NO DIRECT
INTEREST IN A MANUFACTURER OR DISTRIBUTOR OF KRATOM PRODUCTS, THAT IS
ACCREDITED PURSUANT TO ISO/IEC 17025 OR AN EQUIVALENT STANDARD RECOG-
NIZED BY THE DEPARTMENT OF HEALTH, AND THAT CAN PERFORM MANDATED TESTING
UTILIZING VALIDATED METHODS.
A. 10969 3
(I) "TOTAL ALKALOIDS" MEANS THE AGGREGATE CONCENTRATION OF ALL ALKA-
LOIDS PRESENT IN A KRATOM PRODUCT, MEASURED IN MILLIGRAMS PER GRAM OF
PRODUCT, AS DETERMINED BY THIRD-PARTY LABORATORY TESTING CONDUCTED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(J) "ALKALOID" MEANS A NATURALLY OCCURRING NITROGEN-CONTAINING ORGANIC
COMPOUND PRODUCED BY OR DERIVED FROM THE KRATOM PLANT THAT HAS PHARMACO-
LOGICAL ACTIVITY, INCLUDING BUT NOT LIMITED TO MITRAGYNINE AND 7-HYDROX-
YMITRAGYNINE.
2. NO PERSON, MANUFACTURER, RETAILER, OR OTHER ENTITY SHALL MANUFAC-
TURE, DISTRIBUTE, SELL, OR OFFER FOR SALE:
(A) SYNTHESIZED KRATOM MATERIAL;
(B) ANY ADULTERATED KRATOM PRODUCT;
(C) A KRATOM PRODUCT THAT IS COMBUSTIBLE OR INTENDED TO BE USED FOR
VAPORIZATION, AEROSOLIZATION, OR INJECTION;
(D) A KRATOM PRODUCT THAT IS INCORPORATED INTO, OR MARKETED OR LABELED
AS, A CONVENTIONAL FOOD OR BEVERAGE PRODUCT; PROVIDED, HOWEVER, THAT
KRATOM LEAF PREPARED AS AN AQUEOUS INFUSION OR TRADITIONAL TEA PREPARA-
TION, WITHOUT ADDED FOOD INGREDIENTS BEYOND THOSE OTHERWISE PERMITTED
UNDER THIS SECTION, SHALL NOT BE CONSIDERED A CONVENTIONAL FOOD OR
BEVERAGE FOR THE PURPOSES OF THIS PARAGRAPH;
(E) A KRATOM PRODUCT THAT CONTAINS FLAVORING AGENTS OR ADDITIVES
SPECIFICALLY DESIGNED OR MARKETED TO APPEAL TO INDIVIDUALS UNDER TWEN-
TY-ONE YEARS OF AGE;
(F) A KRATOM PRODUCT NOT CONTAINED IN CHILD-RESISTANT PACKAGING THAT
MEETS STANDARDS SET FORTH IN 16 C.F.R. 1700.15(B) WHEN TESTED IN ACCORD-
ANCE WITH 16 C.F.R. 1700.20;
(G) A KRATOM PRODUCT THAT MIMICS A CANDY PRODUCT OR IS MANUFACTURED,
PACKAGED, OR ADVERTISED IN A WAY THAT CAN BE REASONABLY CONSIDERED TO
APPEAL TO INDIVIDUALS UNDER TWENTY-ONE YEARS OF AGE; OR
(H) ANY KRATOM PRODUCT IN WHICH THE CONCENTRATION OF 7-HYDROXYMITRAGY-
NINE EXCEEDS TWO PERCENT OF THE CONCENTRATION OF TOTAL ALKALOIDS, AS
DETERMINED BY THIRD-PARTY LABORATORY TESTING CONDUCTED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. ALL KRATOM PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN THIS STATE
MUST BE TESTED BY A THIRD-PARTY LABORATORY PRIOR TO THE SALE OR DISTRIB-
UTION OF EACH BATCH OR LOT, AND FOUND TO BE FREE FROM: (I) HEAVY METALS
AT LEVELS EXCEEDING APPLICABLE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION FOOD SAFETY THRESHOLDS; (II) MICROBIAL CONTAMINATION, INCLUDING
SALMONELLA, E. COLI O157:H7, AND TOTAL COMBINED YEAST AND MOLD, AT
LEVELS EXCEEDING APPLICABLE FEDERAL FOOD SAFETY THRESHOLDS; (III) PESTI-
CIDE RESIDUES AT LEVELS EXCEEDING APPLICABLE FEDERAL FOOD SAFETY THRESH-
OLDS; (IV) FENTANYL AND OTHER CONTROLLED SUBSTANCES AS DEFINED UNDER NEW
YORK LAW; AND (V) SYNTHESIZED KRATOM MATERIAL AS DEFINED IN PARAGRAPH
(C) OF SUBDIVISION ONE OF THIS SECTION. SUCH TESTING SHALL FURTHER
INCLUDE QUANTIFICATION OF TOTAL ALKALOID CONTENT, MITRAGYNINE CONCEN-
TRATION, AND 7-HYDROXYMITRAGYNINE CONCENTRATION IN MILLIGRAMS PER GRAM
OF PRODUCT, TO VERIFY COMPLIANCE WITH PARAGRAPH (H) OF SUBDIVISION TWO
OF THIS SECTION AND TO SUPPORT THE LABELING REQUIREMENTS OF PARAGRAPH
(B) OF SUBDIVISION FOUR OF THIS SECTION. ALL SUCH PRODUCTS SHALL BE
AFFIXED WITH A LABEL VERIFYING SUCH TESTING AND THE INFORMATION LISTED
IN SUBDIVISION FOUR OF THIS SECTION. MANUFACTURERS SHALL MAINTAIN
CERTIFICATES OF ANALYSIS AND MAKE THEM AVAILABLE UPON REQUEST.
4. ALL KRATOM PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN THIS STATE
SHALL BE ACCOMPANIED BY A CLEAR LABEL THAT PROVIDES ADEQUATE INFORMATION
FOR SAFE AND EFFECTIVE USE BY CONSUMERS THAT INCLUDES BUT IS NOT LIMITED
TO:
A. 10969 4
(A) A LIST OF INGREDIENTS USED IN THE MANUFACTURING OF THE KRATOM
PRODUCT;
(B) THE AMOUNT OF MITRAGYNINE AND 7-HYDROXYMITRAGYNINE CONTAINED IN
THE KRATOM PRODUCT, EXPRESSED IN MILLIGRAMS PER SERVING AND MILLIGRAMS
PER CONTAINER;
(C) THE RECOMMENDED SERVING SIZE OF THE KRATOM PRODUCT;
(D) THE MANUFACTURER'S RECOMMENDED MAXIMUM NUMBER OF SERVINGS PER
TWENTY-FOUR-HOUR PERIOD;
(E) THE NUMBER OF SERVINGS PER CONTAINER OF THE KRATOM PRODUCT;
(F) THE NAME AND PRINCIPAL STREET ADDRESS OF THE MANUFACTURER OF THE
KRATOM PRODUCT;
(G) A UNIQUE BATCH OR LOT NUMBER SPECIFICALLY LINKING EACH KRATOM
PRODUCT TO A SPECIFIC BATCH OR LOT MANUFACTURED BY THE KRATOM MANUFAC-
TURER;
(H) A RECOMMENDATION TO CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO
USE;
(I) A STATEMENT THAT KRATOM IS NOT SAFE FOR USE WHILE PREGNANT OR
BREASTFEEDING;
(J) A STATEMENT THAT THE KRATOM PRODUCT SHOULD BE STORED SAFELY AND
OUT OF THE REACH OF CHILDREN;
(K) A STATEMENT THAT THE SALE OR TRANSFER OF POSSESSION TO ANOTHER
PERSON UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED;
(L) A WARNING THAT THE PRODUCT MAY RESULT IN DANGEROUS MEDICATION
INTERACTIONS; AND
(M) A DISCLAIMER THAT THE KRATOM PRODUCT IS NOT INTENDED TO DIAGNOSE,
TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION OR DISEASE.
IF THERE IS NOT SUFFICIENT ROOM ON THE KRATOM PRODUCT LABEL, THE
KRATOM PRODUCT SHALL DISPLAY ON THE LABEL A SCANNABLE BAR CODE, QR CODE,
OR WEB ADDRESS LINKED TO A DOCUMENT CONTAINING THE INFORMATION REQUIRED
IN THIS SUBDIVISION.
5. KRATOM PRODUCTS SHALL NOT BE SOLD THROUGH VENDING MACHINES OR OTHER
AUTOMATED SELF-SERVICE DEVICES.
6. (A) THE DEPARTMENT OF HEALTH, COUNTY AND MUNICIPAL HEALTH DEPART-
MENTS, AND LAW ENFORCEMENT SHALL HAVE AUTHORITY TO INSPECT ESTABLISH-
MENTS, INVESTIGATE COMPLAINTS, SEIZE PROHIBITED PRODUCTS, AND CONDUCT
HEARINGS.
(B) ANY PERSON OR ENTITY VIOLATING THIS SECTION SHALL RECEIVE A NOTICE
OF VIOLATION. IT SHALL BE THE RESPONSIBILITY OF THE OWNER AND/OR THE
OWNER'S MANAGER OR BUSINESS AGENT TO ENSURE COMPLIANCE; THE OWNER SHALL
BE LIABLE FOR VIOLATIONS COMMITTED BY EMPLOYEES OR AGENTS ACTING WITHIN
THE SCOPE OF THEIR EMPLOYMENT OR AGENCY. IT SHALL BE AN AFFIRMATIVE
DEFENSE THAT THE OWNER MAINTAINED WRITTEN COMPLIANCE POLICIES, CONDUCTED
TRAINING OF EMPLOYEES REGARDING THE REQUIREMENTS OF THIS SECTION, AND
THAT THE SPECIFIC VIOLATION OCCURRED WITHOUT THE OWNER'S KNOWLEDGE
DESPITE SUCH POLICIES AND TRAINING.
(C) PENALTIES SHALL BE AS FOLLOWS:
(1) FIRST VIOLATION: CIVIL FINE OF FIVE HUNDRED DOLLARS PLUS CONFIS-
CATION OF ALL INVOLVED PRODUCTS.
(2) SECOND VIOLATION WITHIN THIRTY-SIX MONTHS: CIVIL FINE OF ONE THOU-
SAND DOLLARS, SEVEN-DAY SUSPENSION OF ANY APPLICABLE STATE OR LOCAL
BUSINESS LICENSE OR PERMIT, PLUS CONFISCATION.
(3) THIRD OR SUBSEQUENT VIOLATION WITHIN THIRTY-SIX MONTHS: CIVIL FINE
OF FIVE THOUSAND DOLLARS, THIRTY-DAY SUSPENSION OF ANY APPLICABLE STATE
OR LOCAL BUSINESS LICENSE OR PERMIT, PLUS CONFISCATION.
(4) FOUR OR MORE VIOLATIONS WITHIN THIRTY-SIX MONTHS OR TWO OR MORE
VIOLATIONS INVOLVING THE SALE OF SYNTHESIZED KRATOM MATERIAL, ADULTERAT-
A. 10969 5
ED KRATOM PRODUCTS, OR KRATOM PRODUCTS TO INDIVIDUALS UNDER TWENTY-ONE
YEARS OF AGE (EACH CONSTITUTING AN "EGREGIOUS VIOLATION"): REFERRAL TO
THE APPLICABLE LICENSING AUTHORITY FOR PERMANENT REVOCATION OF ANY
APPLICABLE STATE OR LOCAL BUSINESS LICENSE OR PERMIT, FOLLOWING NOTICE
AND A HEARING BEFORE THE DEPARTMENT OR LOCAL BOARD OF HEALTH.
(D) EACH DAY A VIOLATION EXISTS SHALL CONSTITUTE A SEPARATE OFFENSE.
SEPARATE BUT SIMULTANEOUS VIOLATIONS SHALL BE TREATED AS SEPARATE
VIOLATIONS PROVIDED, HOWEVER, THAT THE TOTAL CIVIL FINES IMPOSED UPON
ANY SINGLE PERSON OR ENTITY FOR CONTINUING VIOLATIONS OF THE SAME
PROVISION SHALL NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS WITHIN ANY THIR-
TY-SIX MONTH PERIOD.
(E) BEFORE SUSPENDING OR REVOKING ANY APPLICABLE BUSINESS LICENSE OR
PERMIT PURSUANT TO THIS SECTION, THE DEPARTMENT OR BOARD SHALL PROVIDE
NOTICE AND AN OPPORTUNITY FOR A HEARING.
(F) AFFIRMATIVE DEFENSE FOR AGE VERIFICATION. IT SHALL BE AN AFFIRMA-
TIVE DEFENSE TO A CHARGE OF VIOLATING PARAGRAPH (H) OF SUBDIVISION TWO
OF THIS SECTION THAT THE SELLER IN GOOD FAITH DEMANDED AND EXAMINED A
GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION DOCUMENT INDICATING THAT
THE PURCHASER WAS TWENTY-ONE YEARS OF AGE OR OLDER, AND THAT THE IDEN-
TIFICATION DOCUMENT PRESENTED BY THE PURCHASER REASONABLY APPEARED TO BE
GENUINE AND VALID AT THE TIME OF SALE.
7. MANUFACTURERS, DISTRIBUTORS, AND RETAILERS SHALL MAINTAIN CERTIF-
ICATES OF ANALYSIS AND WRITTEN RECORDS OF ADVERSE EVENTS, CONSUMER
COMPLAINTS, AND PRODUCT SAFETY CONCERNS (COLLECTIVELY, "INCIDENT
REPORTS") FOR A PERIOD OF NOT LESS THAN THREE YEARS AND SHALL MAKE SUCH
RECORDS AVAILABLE FOR INSPECTION UPON REQUEST BY THE DEPARTMENT, COUNTY
OR MUNICIPAL HEALTH DEPARTMENT, OR LAW ENFORCEMENT AUTHORITY. THE
DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS AS NEEDED
TO IMPLEMENT THIS SECTION; HOWEVER, IMPLEMENTATION SHALL BE ACCOMPLISHED
UTILIZING EXISTING DEPARTMENTAL RESOURCES AND PERSONNEL, AND NO NEW
PROGRAM, OFFICE, OR ADDITIONAL APPROPRIATION SHALL BE REQUIRED SOLELY BY
REASON OF THIS SECTION. THE DEPARTMENT IS FURTHER AUTHORIZED TO PROMUL-
GATE RULES UPDATING TESTING STANDARDS, CONTAMINANT THRESHOLDS, OR THE
LIST OF PROHIBITED SUBSTANCES UNDER THIS SECTION AS SCIENTIFIC OR PUBLIC
HEALTH EVIDENCE WARRANTS, PROVIDED THAT ANY SUCH UPDATES SHALL BE ACCOM-
PLISHED WITHIN EXISTING APPROPRIATIONS.
8. IF ANY PROVISION OF THIS SECTION IS HELD INVALID, THE REMAINDER
SHALL CONTINUE IN FULL FORCE AND EFFECT.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREEMPT ANY COUNTY,
CITY, TOWN, OR VILLAGE FROM ENACTING LOCAL LAWS OR ORDINANCES THAT
IMPOSE RESTRICTIONS ON THE SALE OR DISTRIBUTION OF KRATOM PRODUCTS THAT
ARE MORE STRINGENT THAN THOSE PROVIDED IN THIS SECTION.
10. MANUFACTURERS OF KRATOM PRODUCTS ALREADY IN COMMERCIAL DISTRIB-
UTION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE ONE HUNDRED
EIGHTY DAYS FROM SUCH EFFECTIVE DATE TO ACHIEVE COMPLIANCE WITH THE
TESTING REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION.
§ 4. This act shall take effect ninety days after it shall have become
a law, provided that the commissioner of health is authorized to promul-
gate any necessary rules and regulations prior to such effective date.