Bill Text: NY S03588 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to enacting the New York state kratom consumer protection act; provides by such act labeling and other requirements for the sale of kratom products.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S03588 Detail]
Download: New_York-2021-S03588-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3588 2021-2022 Regular Sessions IN SENATE January 30, 2021 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture 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. LBD08276-01-1S. 3588 2 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-S. 3588 3 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.
