STATE OF NEW YORK
________________________________________________________________________
2983
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York state kratom consumer protection act".
3 § 2. The agriculture and markets law is amended by adding a new arti-
4 cle 17-C to read as follows:
5 ARTICLE 17-C
6 NEW YORK STATE KRATOM
7 CONSUMER PROTECTION ACT
8 Section 223. Definitions.
9 223-a. Kratom product labeling.
10 223-b. Violations.
11 223-c. Penalties.
12 223-d. Rules and regulations.
13 § 223. Definitions. For the purposes of this article, the following
14 terms shall have the following meanings:
15 1. "Dealer" shall mean any individual, partnership, limited liability
16 company, corporation, joint venture, association, trust, estate or any
17 other legal entity, and any officer, member, shareholder, director,
18 employee, agent or representative of any such entity who sells,
19 prepares, or maintains kratom products, or advertises, represents, or
20 holds itself out to be selling, preparing, or maintaining kratom
21 products.
22 2. "Food" shall mean any food, food product, food ingredient, dietary
23 ingredient, dietary supplement, or beverage intended for human consump-
24 tion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02747-01-3
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1 3. "Kratom product" shall mean any food containing any part, extract,
2 or byproduct of the leaf of the plant mitragyna speciosa.
3 § 223-a. Kratom product labeling. Any dealer who prepares, distrib-
4 utes, sells, or exposes for sale a food that is represented to be a
5 kratom product shall disclose on the label of such kratom product the
6 factual basis upon which such representation is made.
7 § 223-b. Violations. 1. No dealer shall prepare, distribute, sell, or
8 expose for sale any of the following:
9 (a) Any kratom product that is adulterated with a dangerous non-kratom
10 substance. A kratom product is adulterated with a dangerous non-kratom
11 substance if such kratom product is mixed or packed with a non-kratom
12 substance and such substance affects the quality or strength of such
13 kratom product to a degree which renders such kratom product injurious
14 to consumers.
15 (b) Any kratom product that is contaminated with a dangerous non-kra-
16 tom substance. A kratom product is contaminated with a dangerous non-
17 kratom substance if such kratom product contains a poisonous or other-
18 wise deleterious non-kratom ingredient, including, but not limited to,
19 the substances listed in section thirty-three hundred six of the public
20 health law.
21 (c) Any kratom product containing a level of 7-hydroxymitragynine in
22 the alkaloid fraction that is greater than two percent of the alkaloid
23 composition of such product.
24 (d) Any kratom product containing any synthetic alkaloids including
25 synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other
26 synthetically derived compounds of the kratom plant.
27 (e) Any kratom product that does not include on its package or label
28 the amount of mitragynine and 7-hydroxymitragynine contained in such
29 product, and directions for safe and effective use by consumers.
30 2. No dealer shall distribute or sell any kratom product to an indi-
31 vidual under eighteen years of age.
32 § 223-c. Penalties. 1. A dealer found to be in violation of section
33 two hundred twenty-three-a of this article shall be subject to an admin-
34 istrative fine of up to five hundred dollars for the first offense and
35 up to one thousand dollars for any subsequent offense. Any person
36 charged with a fine pursuant to this subdivision shall have the right to
37 request a hearing to challenge such fine.
38 2. A dealer found to be in violation of section two hundred twenty-
39 three-a or section two hundred twenty-three-b of this article shall be
40 guilty of a misdemeanor, punishable by imprisonment up to ninety days, a
41 fine of up to five hundred dollars, or both.
42 3. Any person aggrieved by a violation of this article may, in addi-
43 tion to and distinct from any other remedy at law or equity, bring a
44 private cause of action in a competent court of jurisdiction, for any
45 damages resulting from such violation, including but not limited to,
46 economic, noneconomic, and consequential damages.
47 4. A dealer shall not be in violation of this article where such deal-
48 er has demonstrated by a preponderance of the evidence that such dealer
49 relied in good faith upon the representations of a manufacturer, proces-
50 sor, packer, or distributor of a kratom product that such product was in
51 compliance with this section.
52 § 223-d. Rules and regulations. The department shall promulgate rules
53 for the administration and enforcement of this article, including but
54 not limited to, the format, size, and placement of the disclosure label
55 required by section two hundred twenty-three-a of this article, in addi-
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1 tion to the information which shall be included on such disclosure
2 label.
3 § 3. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law. Effective immediately, the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the implemen-
6 tation of this act on its effective date are authorized to be made and
7 completed on or before such effective date.
