S T A T E O F N E W Y O R K
________________________________________________________________________
9443
I N A S S E M B L Y
January 6, 2026
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to regulating the
sale of kratom products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 398-g of the general business law, as added by a
chapter of the laws of 2025 amending the general business law relating
to regulating the sale of kratom products, as proposed in legislative
bills numbers S. 8285 and A. 5852-A, is amended to read as follows:
§ 398-g. Kratom package labeling. 1. For the purposes of this section,
[the following terms shall have the following meanings:
(a)] "Kratom" means [both] ANY PART OF THE PLANT Mitragyna speciosa,
[a tree native to Southeast Asia, and the products derived from its
leaves that are marketed as herbal supplements.
(b) "All natural" means a product that contains no artificial ingredi-
ents or added colors and is minimally processed.] WHETHER GROWING OR
NOT, AND ANY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPA-
RATION OF SUCH PLANT OR SYNTHESIZED OR SEMI-SYNTHESIZED PREPARATIONS OF
MITRAGYNINE OR 7-HYDROXYMITRAGYNINE, THEIR DERIVATIVES, SALTS, ESTERS,
AND ISOMERS.
2. [On each package of any kratom product sold or delivered by a
manufacturer within this state on or after January first, two thousand
twenty-six, there shall be printed thereon or attached thereto a warning
of such product's lack of federal food and drug administration approval
and such kratom products' known side effects. Such warning shall be in
a font not less than twelve-point type and in a color in contrast with
the package containing such kratom product, and shall contain the
following statement:
"WARNING This product has not been approved by the FDA. Side effects
may include nausea, agitation, hallucinations, difficulty breathing,
liver damage, and death"] NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR
CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE AT
RETAIL WITHIN THE STATE ANY PRODUCT CONTAINING KRATOM UNLESS THERE IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09239-04-6
A. 9443 2
PRINTED THEREON SUCH PACKAGING OR ATTACHED THERETO A LABEL DISCLOSING
THE FOLLOWING:
(A) THE NAME AND ADDRESS FOR THE PLACE OF BUSINESS OF THE MANUFACTURER
OR DISTRIBUTOR OF THE KRATOM PRODUCT;
(B) THE FULL LIST OF INGREDIENTS IN THE KRATOM PRODUCT;
(C) THE FOLLOWING DISCLOSURES:
(I) THAT SALE OR DISTRIBUTION BY INDIVIDUALS WHO ARE UNDER TWENTY-ONE
YEARS OF AGE IS PROHIBITED UNDER THE PUBLIC HEALTH LAW;
(II) THAT USE BY INDIVIDUALS WHO ARE PREGNANT OR BREASTFEEDING IS NOT
ADVISED;
(III) TO CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO USE;
(IV) THAT KRATOM MAY BE ADDICTIVE;
(V) THAT KRATOM MAY INTERACT WITH CERTAIN MEDICATIONS, DRUGS, AND
CONTROLLED SUBSTANCES;
(VI) WHETHER THE PRODUCT INCLUDES A SEMI-SYNTHESIZED CHEMICAL OR
COMPOUND OR SYNTHESIZED CHEMICAL OR COMPOUND OF KRATOM. FOR THE PURPOSES
OF THIS SUBPARAGRAPH THE TERM "SEMI-SYNTHESIZED CHEMICAL OR COMPOUND"
SHALL MEAN A CHEMICAL OR COMPOUND CONTAINED IN A KRATOM EXTRACT THAT HAS
BEEN EXPOSED TO CHEMICALS OR PROCESSES THAT WOULD CONFER A STRUCTURAL
CHANGE IN THE CHEMICAL OR COMPOUND, SUCH AS OXIDATION, REDUCTION, AND
RING OPENING AND CLOSING, RESULTING IN MATERIAL THAT HAS BEEN CHEMICALLY
ALTERED. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE TERM "SYNTHESIZED
CHEMICAL OR COMPOUND" SHALL MEAN A CHEMICAL OR COMPOUND OF KRATOM THAT
HAS BEEN CREATED BY CHEMICAL SYNTHESIS OR BIOSYNTHETIC MEANS, INCLUDING
FERMENTATION, RECOMBINANT TECHNIQUES, AND ENZYMATIC TECHNIQUES, RATHER
THAN BY TRADITIONAL FOOD PREPARATION TECHNIQUES SUCH AS HEATING OR
EXTRACTING; AND
(VII) QUANTITATIVE DECLARATIONS OF THE AMOUNT OF MITRAGYNINE AND THE
AMOUNT OF 7-HYDROXYMITRAGYNINE BY PART, WEIGHT OR VOLUME OF THE KRATOM
PRODUCT; AND
(D) THE FOLLOWING STATEMENTS, CLEARLY AND CONSPICUOUSLY:
(I) "THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG
ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE,
OR PREVENT ANY DISEASE."; AND
(II) "KEEP OUT OF REACH OF CHILDREN."
3. [No kratom product shall be advertised as nor shall the packaging
of such kratom product suggest, state, or imply that such kratom product
is all natural.
4.] Any [manufacturer] PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR
CORPORATION in violation of this section shall be subject to a civil
penalty of not more than five hundred dollars for a first violation and
not more than one thousand dollars for a second or subsequent violation.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2025 amending the general business
law relating to regulating the sale of kratom products, as proposed in
legislative bills numbers S. 8285 and A. 5852-A, takes effect.