Bill Text: NY A09121 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to the prohibition of the sale of kratom to individuals under the age of twenty-one by any business, or agent thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-28 - referred to health [A09121 Detail]

Download: New_York-2015-A09121-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9121
                   IN ASSEMBLY
                                    January 28, 2016
                                       ___________
        Introduced  by M. of A. LINARES -- read once and referred to the Commit-
          tee 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:
     1    Section  1.  The  article heading of article 13-f of the public health
     2  law, as amended by chapter 448 of the laws of 2012, is amended  to  read
     3  as follows:
     4    REGULATION  OF TOBACCO PRODUCTS, HERBAL CIGARETTES, KRATOM AND SMOKING
     5  PARAPHERNALIA; DISTRIBUTION TO MINORS
     6    § 2. Section 1399-aa of the public health law is amended by  adding  a
     7  new subdivision 14 to read as follows:
     8    14.  "Kratom"  means any part of the plant Mitragyna speciosa, whether
     9  growing  or  not,  and  any  compound,  manufacture,  salt,  derivative,
    10  mixture, or preparation of such plant.
    11    §  3. Article 13-f of the public health law is amended by adding a new
    12  section 1399-mmm to read as follows:
    13    § 1399-mmm. Sale of kratom prohibited. 1. No  person  shall  knowingly
    14  sell  or  provide kratom to   any other person under twenty-one years of
    15  age. Any person who violates the provisions of this subdivision shall be
    16  subject to a civil penalty of not more than five hundred dollars.
    17    2.(a) Any person operating  a  business  wherein  kratom  is  sold  or
    18  offered  for  sale is prohibited from selling such kratom to individuals
    19  under twenty-one years of age, and shall post in a conspicuous  place  a
    20  sign  upon which there shall be imprinted the following statement, "SALE
    21  OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS  OF  AGE  IS  PROHIBITED  BY
    22  LAW."    Such  sign  shall  be printed on a white card in red letters at
    23  least one-half inch in height.
    24    (b) Sales of kratom shall be made only to  an  individual  who  demon-
    25  strates,  through  a  driver's license or other photographic identifica-
    26  tion card issued by a government entity or educational institution indi-
    27  cating that the individual is at least twenty-one  years  of  age.  Such
    28  identification  need  only  be required of any individual who reasonably
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13656-01-6