S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9034
 
                           I N  A S S E M B L Y
 
                             January 21, 2022
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the agriculture and markets law, in relation to enacting
   the "New York state kratom consumer protection act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state kratom consumer protection act".
   § 2. The agriculture and markets law is amended by adding a new  arti-
 cle 17-C to read as follows:
                                ARTICLE 17-C
                           NEW YORK STATE KRATOM
                          CONSUMER PROTECTION ACT
 SECTION 223.   DEFINITIONS.
         223-A. KRATOM PRODUCT LABELING.
         223-B. VIOLATIONS.
         223-C. PENALTIES.
         223-D. RULES AND REGULATIONS.
   §  223.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEALER" SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, LIMITED  LIABILITY
 COMPANY,  CORPORATION,  JOINT VENTURE, ASSOCIATION, TRUST, ESTATE OR ANY
 OTHER LEGAL ENTITY, AND  ANY  OFFICER,  MEMBER,  SHAREHOLDER,  DIRECTOR,
 EMPLOYEE,  AGENT  OR  REPRESENTATIVE  OF  ANY  SUCH  ENTITY  WHO  SELLS,
 PREPARES, OR MAINTAINS KRATOM PRODUCTS, OR  ADVERTISES,  REPRESENTS,  OR
 HOLDS  ITSELF  OUT  TO  BE  SELLING,  PREPARING,  OR  MAINTAINING KRATOM
 PRODUCTS.
   2. "FOOD" SHALL MEAN ANY FOOD, FOOD PRODUCT, FOOD INGREDIENT,  DIETARY
 INGREDIENT,  DIETARY SUPPLEMENT, OR BEVERAGE INTENDED FOR HUMAN CONSUMP-
 TION.
   3. "KRATOM PRODUCT" SHALL MEAN ANY FOOD CONTAINING ANY PART,  EXTRACT,
 OR BYPRODUCT OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA.
   §  223-A.  KRATOM  PRODUCT LABELING. ANY DEALER WHO PREPARES, DISTRIB-
 UTES, SELLS, OR EXPOSES FOR SALE A FOOD THAT  IS  REPRESENTED  TO  BE  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08276-01-1
 A. 9034                             2
 
 KRATOM  PRODUCT  SHALL  DISCLOSE ON THE LABEL OF SUCH KRATOM PRODUCT THE
 FACTUAL BASIS UPON WHICH SUCH REPRESENTATION IS MADE.
   §  223-B. VIOLATIONS. 1. NO DEALER SHALL PREPARE, DISTRIBUTE, SELL, OR
 EXPOSE FOR SALE ANY OF THE FOLLOWING:
   (A) ANY KRATOM PRODUCT THAT IS ADULTERATED WITH A DANGEROUS NON-KRATOM
 SUBSTANCE.  A KRATOM PRODUCT IS ADULTERATED WITH A DANGEROUS  NON-KRATOM
 SUBSTANCE  IF  SUCH  KRATOM PRODUCT IS MIXED OR PACKED WITH A NON-KRATOM
 SUBSTANCE AND SUCH SUBSTANCE AFFECTS THE QUALITY  OR  STRENGTH  OF  SUCH
 KRATOM  PRODUCT  TO A DEGREE WHICH RENDERS SUCH KRATOM PRODUCT INJURIOUS
 TO CONSUMERS.
   (B) ANY KRATOM PRODUCT THAT IS CONTAMINATED WITH A DANGEROUS  NON-KRA-
 TOM  SUBSTANCE.  A  KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS NON-
 KRATOM SUBSTANCE IF SUCH KRATOM PRODUCT CONTAINS A POISONOUS  OR  OTHER-
 WISE  DELETERIOUS  NON-KRATOM INGREDIENT, INCLUDING, BUT NOT LIMITED TO,
 THE SUBSTANCES LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF THE  PUBLIC
 HEALTH LAW.
   (C)  ANY  KRATOM PRODUCT CONTAINING A LEVEL OF 7-HYDROXYMITRAGYNINE IN
 THE ALKALOID FRACTION THAT IS GREATER THAN TWO PERCENT OF  THE  ALKALOID
 COMPOSITION OF SUCH PRODUCT.
   (D)  ANY  KRATOM  PRODUCT CONTAINING ANY SYNTHETIC ALKALOIDS INCLUDING
 SYNTHETIC MITRAGYNINE,  SYNTHETIC  7-HYDROXYMITRAGYNINE,  OR  ANY  OTHER
 SYNTHETICALLY DERIVED COMPOUNDS OF THE KRATOM PLANT.
   (E)  ANY  KRATOM PRODUCT THAT DOES NOT INCLUDE ON ITS PACKAGE OR LABEL
 THE AMOUNT OF MITRAGYNINE AND  7-HYDROXYMITRAGYNINE  CONTAINED  IN  SUCH
 PRODUCT, AND DIRECTIONS FOR SAFE AND EFFECTIVE USE BY CONSUMERS.
   2.  NO  DEALER SHALL DISTRIBUTE OR SELL ANY KRATOM PRODUCT TO AN INDI-
 VIDUAL UNDER EIGHTEEN YEARS OF AGE.
   § 223-C. PENALTIES. 1. A DEALER FOUND TO BE IN  VIOLATION  OF  SECTION
 TWO HUNDRED TWENTY-THREE-A OF THIS ARTICLE SHALL BE SUBJECT TO AN ADMIN-
 ISTRATIVE  FINE  OF UP TO FIVE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND
 UP TO ONE THOUSAND  DOLLARS  FOR  ANY  SUBSEQUENT  OFFENSE.  ANY  PERSON
 CHARGED WITH A FINE PURSUANT TO THIS SUBDIVISION SHALL HAVE THE RIGHT TO
 REQUEST A HEARING TO CHALLENGE SUCH FINE.
   2.  A  DEALER  FOUND TO BE IN VIOLATION OF SECTION TWO HUNDRED TWENTY-
 THREE-A OR SECTION TWO HUNDRED TWENTY-THREE-B OF THIS ARTICLE  SHALL  BE
 GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT UP TO NINETY DAYS, A
 FINE OF UP TO FIVE HUNDRED DOLLARS, OR BOTH.
   3.  ANY  PERSON AGGRIEVED BY A VIOLATION OF THIS ARTICLE MAY, IN ADDI-
 TION TO AND DISTINCT FROM ANY OTHER REMEDY AT LAW  OR  EQUITY,  BRING  A
 PRIVATE  CAUSE  OF  ACTION IN A COMPETENT COURT OF JURISDICTION, FOR ANY
 DAMAGES RESULTING FROM SUCH VIOLATION, INCLUDING  BUT  NOT  LIMITED  TO,
 ECONOMIC, NONECONOMIC, AND CONSEQUENTIAL DAMAGES.
   4. A DEALER SHALL NOT BE IN VIOLATION OF THIS ARTICLE WHERE SUCH DEAL-
 ER  HAS DEMONSTRATED BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH DEALER
 RELIED IN GOOD FAITH UPON THE REPRESENTATIONS OF A MANUFACTURER, PROCES-
 SOR, PACKER, OR DISTRIBUTOR OF A KRATOM PRODUCT THAT SUCH PRODUCT WAS IN
 COMPLIANCE WITH THIS SECTION.
   § 223-D. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE  RULES
 FOR  THE  ADMINISTRATION  AND ENFORCEMENT OF THIS ARTICLE, INCLUDING BUT
 NOT LIMITED TO, THE FORMAT, SIZE, AND PLACEMENT OF THE DISCLOSURE  LABEL
 REQUIRED BY SECTION TWO HUNDRED TWENTY-THREE-A OF THIS ARTICLE, IN ADDI-
 TION  TO  THE  INFORMATION  WHICH  SHALL  BE INCLUDED ON SUCH DISCLOSURE
 LABEL.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 A. 9034                             3
 
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.