S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8401
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sens.  HELMING, ASHBY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the prohibition of
   the sale of kratom to individuals under the age of twenty-one
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  article heading of article 13-F of the public health
 law, as amended by chapter 448 of the laws of 2012, is amended  to  read
 as follows:
            REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES,
              KRATOM AND SMOKING PARAPHERNALIA; DISTRIBUTION
                                 TO MINORS
   §  2.  Section 1399-aa of the public health law is amended by adding a
 new subdivision 19 to read as follows:
   19. "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.
   § 3. Article 13-F of the public health law is amended by adding a  new
 section 1399-mmm to read as follows:
   §  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 INDIVID-
 UALS UNDER TWENTY-ONE YEARS OF AGE, AND  SHALL  POST  IN  A  CONSPICUOUS
 PLACE  A  SIGN  UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATE-
 MENT, "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  DEMON-
 STRATES,  THROUGH:    (I) A VALID DRIVER'S LICENSE OR NON-DRIVER'S IDEN-
 TIFICATION CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDER-
 AL GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR  POSSESSION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14199-02-4
 S. 8401                             2
 
 THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES OR
 A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR (II) A VALID PASS-
 PORT  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 INDI-
 VIDUAL 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 PRECONDI-
 TION FOR SUCH PURCHASES.
   (II) IN ANY INSTANCE WHERE THE INFORMATION DECIPHERED  BY  THE  TRANS-
 ACTION  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 TRAN-
 SACTION SCAN.  IN  EVALUATING  THE  APPLICABILITY  OF  SUCH  AFFIRMATIVE
 DEFENSE THE COMMISSIONER SHALL TAKE INTO CONSIDERATION ANY WRITTEN POLI-
 CY 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 SUBDIVISION 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 ELECTRON-
 ICALLY 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) EXPIRA-
 TION DATE.
   (F) AS USED IN THIS SUBDIVISION, "A DEVICE CAPABLE OF DECIPHERING  ANY
 ELECTRONICALLY  READABLE  FORMAT",  "CARD HOLDER" AND "TRANSACTION SCAN"
 S. 8401                             3
 
 SHALL HAVE THE SAME MEANINGS AS ARE ASCRIBED TO SUCH  TERMS  BY  SECTION
 THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE.
   §  4.  The  commissioner  of  health shall conduct a study relating to
 kratom. The study shall include but not  be  limited  to  the  potential
 health risks, benefits and effects of kratom and shall review all avail-
 able data relating to such. Such commissioner shall publish and submit a
 report  of  his or her findings and recommendations to the governor, the
 speaker of the assembly, the minority leader of the assembly, the tempo-
 rary president of the senate, and the minority leader of the  senate  on
 or before one year from the effective date of this act.
   § 5. This act shall take effect immediately.