S T A T E O F N E W Y O R K
________________________________________________________________________
8686
I N S E N A T E
January 7, 2026
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of food or beverages containing kratom and 7-hydroxymitragynine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
398-g to read as follows:
§ 398-G. KRATOM AND 7-HYDROXYMITRAGYNINE PACKAGE LABELING. 1. FOR THE
PURPOSES OF THIS SECTION:
(A) "KRATOM" MEANS BOTH MITRAGYNA SPECIOSA, A TREE NATIVE TO SOUTHEAST
ASIA, AND THE PRODUCTS DERIVED FROM ITS LEAVES THAT ARE MARKETED AS
HERBAL SUPPLEMENTS; AND
(B) 7-HYDROXYMITRAGYNINE MEANS A PSYCHOACTIVE COMPOUND THAT OCCURS
NATURALLY IN THE KRATOM PLANT.
2. ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO PERSON OR
ENTITY SHALL SELL OR OFFER FOR SALE OR MANUFACTURE OR DELIVER IN THIS
STATE ANY FOOD OR BEVERAGE PRODUCT CONTAINING 7-HYDROXYMITRAGYNINE,
KRATOM OR ANY DERIVATIVE THEREOF.
3. ANY PERSON OR ENTITY 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 SUBSE-
QUENT VIOLATION.
§ 2. This act shall take effect one year after it shall have become a
law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13687-02-5