Senate Bill S8814

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8814
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale  of  kratom to individuals under the age of twenty-one; to repeal
   certain provisions of the  public  health  law  relating  thereto;  to
   repeal  section 4 of a chapter of the laws of 2025 amending the public
   health law relating to the prohibition of the sale of kratom to  indi-
   viduals  under the age of twenty-one, as proposed in legislative bills
   numbers S. 4552-A and A.  2340-A, relating to a study on  kratom;  and
   to  amend a chapter of the laws of 2025 amending the public health law
   relating to the prohibition of the sale of kratom to individuals under
   the age of twenty-one, as proposed in  legislative  bills  numbers  S.
   4552-A and A. 2340-A, in relation to the effectiveness thereof
 
   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  a chapter of the laws of 2025 amending the public
 health law relating to the prohibition of the sale of kratom to individ-
 uals under the age of  twenty-one,  as  proposed  in  legislative  bills
 numbers S.  4552-A and A. 2340-A, is amended to read as follows:
             REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES[,
              KRATOM] AND SMOKING PARAPHERNALIA; DISTRIBUTION
                                 TO MINORS
   §  2.  Subdivision  19 of section 1399-aa of the public health law, as
 added by a chapter of the laws of 2025 amending the  public  health  law
 relating  to  the prohibition of the sale of kratom to individuals under
 the age of twenty-one, as  proposed  in  legislative  bills  numbers  S.
 4552-A and A. 2340-A, is REPEALED.
   §  3. Section 1399-mmm of the public health law, as added by a chapter
 of the laws of 2025 amending the  public  health  law  relating  to  the
 prohibition  of the sale of kratom to individuals under the age of twen-
 ty-one, as proposed in  legislative  bills  numbers  S.  4552-A  and  A.
 2340-A, is REPEALED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01552-04-6
              

 S. 8814                             2
 
   §  4. The public health law is amended by adding a new article 13-I to
 read as follows:
                                ARTICLE 13-I
        REGULATION OF SUPPLEMENTS AND OTHER PRODUCTS; DISTRIBUTION
                                 TO MINORS
 SECTION 1399-XX. SALE OR DISTRIBUTION OF KRATOM PRODUCTS TO MINORS.
   § 1399-XX. SALE  OR DISTRIBUTION OF KRATOM PRODUCTS TO MINORS.  1. FOR
 PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "A  DEVICE  CAPABLE  OF  DECIPHERING  ANY ELECTRONICALLY READABLE
 FORMAT" OR "DEVICE" SHALL MEAN ANY COMMERCIAL DEVICE OR  COMBINATION  OF
 DEVICES  USED AT A POINT OF SALE OR ENTRY THAT IS CAPABLE OF READING THE
 INFORMATION ENCODED ON THE BAR CODE OR  MAGNETIC  STRIP  OF  A  DRIVER'S
 LICENSE  OR  NON-DRIVER  IDENTIFICATION CARD ISSUED BY THE STATE COMMIS-
 SIONER OF MOTOR VEHICLES.
   (B) "CARD HOLDER" MEANS ANY PERSON PRESENTING A  DRIVER'S  LICENSE  OR
 NONDRIVER IDENTIFICATION CARD TO A LICENSEE, OR TO THE AGENT OR EMPLOYEE
 OF SUCH LICENSEE UNDER THIS SECTION.
   (C)  "ENFORCEMENT  OFFICER" MEANS, IN A CITY WITH A POPULATION OF MORE
 THAN ONE MILLION, THE DEPARTMENT OF HEALTH AND MENTAL  HYGIENE  OF  SUCH
 CITY,  WHICH  SHALL  HAVE  THE JURISDICTION TO ENFORCE THE PROVISIONS OF
 THIS SECTION IN SUCH CITY; AND IN ALL OTHER  COUNTIES,  SHALL  MEAN  THE
 DEPARTMENT,  WHICH  SHALL HAVE JURISDICTION TO ENFORCE THE PROVISIONS OF
 THIS ARTICLE PURSUANT TO RULES AND REGULATIONS WHICH MAY BE  PROMULGATED
 BY THE COMMISSIONER.
   (D)  "KRATOM"  MEANS ANY PART OF THE PLANT MITRAGYNA SPECIOSAM WHETHER
 GROWING OR NOT, AND ANY COMPOUND, MANUFACTURE, DERIVATIVE, MIXTURE, SALT
 OR PREPARATION OF SUCH PLANT OR SYNTHESIZED OR SEMI-SYNTHESIZED PREPARA-
 TIONS OF MITRAGYNINE OR 7-HYDROXYMITRAGYNINE, THEIR DERIVATIVES,  SALTS,
 ESTERS, AND ISOMERS.
   (E) "KRATOM BUSINESS" MEANS A SOLE PROPRIETORSHIP, CORPORATION, LIMIT-
 ED  LIABILITY  COMPANY,  PARTNERSHIP OR OTHER ENTERPRISE IN WHICH ONE OF
 THE ACTIVITIES IS THE SALE,  MANUFACTURE  OR  PROMOTION  OF  KRATOM  AND
 KRATOM  ACCESSORIES,  EITHER  AT WHOLESALE OR RETAIL, WHETHER SUCH SALE,
 MANUFACTURE OR PROMOTION IS PRIMARY OR  INCIDENTAL,  AND  INCLUDING  ANY
 AGENT AND ANY EMPLOYEE.
   (F)  "PERSON" MEANS A PERSON, FIRM, COMPANY, CORPORATION, PARTNERSHIP,
 SOLE PROPRIETOR, LIMITED PARTNERSHIP OR ASSOCIATION.
   (G) "TRANSACTION SCAN" MEANS THE PROCESS, WHETHER IN  PERSON,  ONLINE,
 OR  THROUGH ANY OTHER MEANS OF COMMUNICATION, INVOLVING AN AUTOMATED BAR
 CODE READER BY WHICH A LICENSEE, OR AGENT  OR  EMPLOYEE  OF  A  LICENSEE
 UNDER  THIS SECTION REVIEWS A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICA-
 TION CARD PRESENTED AS A PRECONDITION FOR THE PURCHASE OF  KRATOM  UNDER
 THIS SECTION.
   2. NO PERSON OR KRATOM BUSINESS SHALL KNOWINGLY SELL OR PROVIDE KRATOM
 TO ANY OTHER PERSON UNDER TWENTY-ONE YEARS OF AGE.
   3.  (A)  ANY  PERSON  OR  KRATOM  BUSINESS OFFERING KRATOM FOR SALE IS
 PROHIBITED FROM SELLING SUCH  KRATOM  TO  INDIVIDUALS  UNDER  TWENTY-ONE
 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 TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW". SUCH STATE-
 MENT  SHALL  BE  POSTED  IN  THE  FOLLOWING  MANNER: (I) IN ANY PHYSICAL
 LOCATION AT WHICH SUCH PRODUCTS ARE OFFERED FOR SALE, IT SHALL BE PRINT-
 ED ON A WHITE CARD IN RED LETTERS AT LEAST ONE-HALF INCH IN  HEIGHT  AND
 DISPLAYED  AS  A SIGN, OR (II) ON ANY WEBSITE, IT SHALL BE POSTED IN RED
 LETTERS IN AT LEAST TWELVE-POINT FONT ON  ANY  WEBPAGES  ON  WHICH  SUCH
 S. 8814                             3
 
 PRODUCTS  ARE  OFFERED  FOR SALE, OR (III) IN ANY MOBILE APPLICATION, IT
 SHALL BE POSTED IN RED LETTERS IN AT  LEAST  TWELVE-POINT  FONT  ON  ANY
 SCREENS  ON  WHICH  SUCH  PRODUCTS  ARE OFFERED FOR SALE, OR (IV) IN ANY
 ELECTRONIC OR PRINTED MATERIALS, IT SHALL BE POSTED IN RED LETTERS IN AT
 LEAST  TWELVE-POINT FONT ON ANY PAGES ON WHICH SUCH PRODUCTS ARE OFFERED
 FOR SALE.
   (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 OR KRATOM BUSINESS 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 SUBDIVISION FIVE OF THIS SECTION,
 IT SHALL BE AN AFFIRMATIVE DEFENSE THAT SUCH INDIVIDUAL 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 INDIVIDUAL  IN
 REASONABLE  RELIANCE  UPON  SUCH IDENTIFICATION AND TRANSACTION SCAN. IN
 EVALUATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE THE COMMISSION-
 ER SHALL TAKE INTO CONSIDERATION ANY WRITTEN POLICY ADOPTED  AND  IMPLE-
 MENTED  BY  THE SELLER TO EFFECTUATE THE PROVISIONS OF THIS SECTION. USE
 OF A TRANSACTION SCAN SHALL NOT EXCUSE ANY  PERSON  OR  KRATOM  BUSINESS
 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 PERSON OR KRATOM 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  PERSON
 OR  KRATOM 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 PARA-
 GRAPH  SHALL BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN ONE THOU-
 SAND DOLLARS.
 S. 8814                             4
 
   (E) A PERSON OR KRATOM BUSINESS  MAY  ELECTRONICALLY  OR  MECHANICALLY
 RECORD  AND MAINTAIN ONLY THE INFORMATION FROM A TRANSACTION SCAN NECES-
 SARY TO EFFECTUATE THIS SECTION. SUCH INFORMATION SHALL  BE  LIMITED  TO
 THE  FOLLOWING:  (I) NAME, (II) DATE OF BIRTH, (III) DRIVER'S LICENSE OR
 NON-DRIVER IDENTIFICATION NUMBER, AND (IV) EXPIRATION DATE.
   4.  IF  THE  ENFORCEMENT  OFFICER  DETERMINES  AFTER  A HEARING THAT A
 VIOLATION OF SUBDIVISION TWO, OR PARAGRAPH (A) OF SUBDIVISION THREE,  OF
 THIS  SECTION  HAS  OCCURRED,  A  CIVIL  PENALTY  MAY  BE IMPOSED BY THE
 ENFORCEMENT OFFICER OF NO MORE THAN FIVE HUNDRED DOLLARS, PROVIDED  THAT
 EACH DAY THAT A PERSON OR KRATOM BUSINESS FAILS TO POST SIGNAGE REQUIRED
 BY PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION THAT IS IDENTIFIED
 BY AN ENFORCEMENT OFFICER SHALL BE DEEMED A SEPARATE VIOLATION.
   5. WHEN THE ENFORCEMENT OFFICER IS THE COMMISSIONER, THE HEARING SHALL
 BE  CONDUCTED  PURSUANT  TO  THE  PROVISIONS OF SECTION TWELVE-A OF THIS
 CHAPTER. WHEN THE ENFORCEMENT OFFICER IS THE DEPARTMENT  OF  HEALTH  AND
 MENTAL  HYGIENE,  THE  HEARING SHALL BE CONDUCTED PURSUANT TO PROCEDURES
 SET FORTH IN THE COUNTY SANITARY CODE, OR HEALTH CODE OF SUCH  CITY,  OR
 IN THE ABSENCE THEREOF, PURSUANT TO PROCEDURES ESTABLISHED BY THE COUNTY
 LEGISLATURE  OR  BOARD  OF  SUPERVISORS. SUBSEQUENT TO ANY APPEAL HAVING
 BEEN FINALLY DETERMINED, THE COMMISSIONER MAY BRING AN ACTION TO RECOVER
 THE CIVIL PENALTY IN ANY COURT OF COMPETENT JURISDICTION.  NOTHING HERE-
 IN SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT OFFICER FROM COMMENCING
 A PROCEEDING FOR  INJUNCTIVE  RELIEF  TO  COMPEL  COMPLIANCE  WITH  THIS
 SECTION.
   §  5.  Section  4 of a chapter of the laws of 2025 amending the public
 health law relating to the prohibition of the sale of kratom to individ-
 uals under the age of  twenty-one,  as  proposed  in  legislative  bills
 numbers S. 4552-A and A. 2340-A, is REPEALED.
   §  6.  Section  5 of a chapter of the laws of 2025 amending the public
 health law relating to the prohibition of the sale of kratom to individ-
 uals under the age of  twenty-one,  as  proposed  in  legislative  bills
 numbers S. 4552-A and A. 2340-A, is amended to read as follows:
   §  5.  This  act  shall  take  effect [immediately] ON THE ONE HUNDRED
 EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections one, two, three, four and five of this act shall take effect on
 the  same  date  and in the same manner as a chapter of the laws of 2025
 amending the public health law relating to the prohibition of  the  sale
 of  kratom  to  individuals  under the age of twenty-one, as proposed in
 legislative bills numbers S. 4552-A and A. 2340-A, takes effect.