Legislation
SECTION 1399-MMM
Sale of kratom prohibited
Public Health (PBH) CHAPTER 45, ARTICLE 13-F
§ 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly
sell or provide kratom to any other person under twenty-one years of
age. Any person who violates the provisions of this subdivision shall be
subject to a civil penalty of not more than five hundred dollars.
2.(a) Any person operating a place of business wherein kratom is sold
or offered 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 sign shall be printed on a white card
in red letters at least one-half inch in height.
(b) Sales of kratom shall be made only to an individual who
demonstrates, through (i) a valid driver's license or non-driver's
identification 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 passport 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 individual 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 operating a place of business wherein kratom is sold
or offered for sale may perform a transaction scan as a precondition for
such purchases.
(ii) In any instance where the information deciphered by the
transaction 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 section thirteen hundred
ninety-nine-ee of this article, it shall be an affirmative defense that
such person 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 person in reasonable reliance upon such identification and
transaction scan. In evaluating the applicability of such affirmative
defense the commissioner shall take into consideration any written
policy adopted and implemented by the seller to effectuate the
provisions of this article. Use of a transaction scan shall not excuse
any person operating a place of business wherein kratom is sold, or the
agent or employee of such person, 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 business or agent or employee of such 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 business or agent or employee of such 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 paragraph shall be punishable by a
civil penalty of not more than one thousand dollars.
(e) A business or agent or employee of such business may
electronically or mechanically record and maintain only the information
from a transaction scan necessary 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.
(f) As used in this subdivision, "a device capable of deciphering any
electronically readable format", "card holder" and "transaction scan"
shall have the same meanings as are ascribed to such terms by section
thirteen hundred ninety-nine-cc of this article.
sell or provide kratom to any other person under twenty-one years of
age. Any person who violates the provisions of this subdivision shall be
subject to a civil penalty of not more than five hundred dollars.
2.(a) Any person operating a place of business wherein kratom is sold
or offered 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 sign shall be printed on a white card
in red letters at least one-half inch in height.
(b) Sales of kratom shall be made only to an individual who
demonstrates, through (i) a valid driver's license or non-driver's
identification 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 passport 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 individual 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 operating a place of business wherein kratom is sold
or offered for sale may perform a transaction scan as a precondition for
such purchases.
(ii) In any instance where the information deciphered by the
transaction 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 section thirteen hundred
ninety-nine-ee of this article, it shall be an affirmative defense that
such person 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 person in reasonable reliance upon such identification and
transaction scan. In evaluating the applicability of such affirmative
defense the commissioner shall take into consideration any written
policy adopted and implemented by the seller to effectuate the
provisions of this article. Use of a transaction scan shall not excuse
any person operating a place of business wherein kratom is sold, or the
agent or employee of such person, 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 business or agent or employee of such 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 business or agent or employee of such 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 paragraph shall be punishable by a
civil penalty of not more than one thousand dollars.
(e) A business or agent or employee of such business may
electronically or mechanically record and maintain only the information
from a transaction scan necessary 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.
(f) As used in this subdivision, "a device capable of deciphering any
electronically readable format", "card holder" and "transaction scan"
shall have the same meanings as are ascribed to such terms by section
thirteen hundred ninety-nine-cc of this article.