S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2983
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02747-01-3
 A. 2983                             2
              

 
   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
 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-
 A. 2983                             3
 
 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-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.