Legislation
SECTION 1399-XX
Sale or distribution of kratom products to minors
Public Health (PBH) CHAPTER 45, ARTICLE 13-I
* § 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
commissioner 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
preparations of mitragynine or 7-hydroxymitragynine, their derivatives,
salts, esters, and isomers.
(e) "Kratom business" means a sole proprietorship, corporation,
limited 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
identification 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
statement shall be posted in the following manner: (i) in any physical
location at which such products are offered for sale, it shall be
printed 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
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
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 or kratom business 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 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
commissioner shall take into consideration any written policy adopted
and implemented 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
paragraph shall be punishable by a civil penalty of not more than one
thousand dollars.
(e) A person or kratom 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.
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 herein
shall be construed to prohibit an enforcement officer from commencing a
proceeding for injunctive relief to compel compliance with this section.
* NB Effective June 17, 2026
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
commissioner 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
preparations of mitragynine or 7-hydroxymitragynine, their derivatives,
salts, esters, and isomers.
(e) "Kratom business" means a sole proprietorship, corporation,
limited 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
identification 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
statement shall be posted in the following manner: (i) in any physical
location at which such products are offered for sale, it shall be
printed 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
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
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 or kratom business 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 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
commissioner shall take into consideration any written policy adopted
and implemented 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
paragraph shall be punishable by a civil penalty of not more than one
thousand dollars.
(e) A person or kratom 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.
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 herein
shall be construed to prohibit an enforcement officer from commencing a
proceeding for injunctive relief to compel compliance with this section.
* NB Effective June 17, 2026