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S00488 Summary:

Add Art 17-C §§223 - 223-d, Ag & Mkts L
Relates to enacting the New York state kratom consumer protection act; relates to labeling and other requirements for the sale of kratom products.
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S00488 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                     January 4, 2023
        Introduced  by  Sens. COMRIE, HELMING -- 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.

        S. 488                              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. 488                              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.
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