Legislation

* § 398-g. Kratom package labeling. 1. For the purposes of this
section, "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 or synthesized or semi-synthesized
preparations of mitragynine or 7-hydroxymitragynine, their derivatives,
salts, esters, and isomers.

2. 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 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. Any 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.

* NB Effective December 19, 2026