A09121 Summary:

BILL NO    A09121 

SAME AS    No Same as 

SPONSOR    Linares

COSPNSR    

MLTSPNSR   


Amd Art 13-f Head, §1399-aa, add Art 13-f §1399-mmm, Pub Health L


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

Go to top


A09121 Actions:

BILL NO    A09121 

01/28/2016 referred to health

Go to top


A09121 Votes:

There are no votes for this bill in this legislative session.

Go to top


A09121 Text:

 
                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
        A. 9121                             2
 
     1  appears to be at least twenty-five years of age, provided, however, that
     2  such appearance shall not constitute a defense in any proceeding  alleg-

     3  ing the sale of kratom to an individual under twenty-one years of age.
     4    (c)(i)  Any  person  operating  a  business  wherein kratom is sold or
     5  offered for sale may perform a transaction scan as  a  precondition  for
     6  such purchases.
     7    (ii)  In  any  instance where the information deciphered by the trans-
     8  action scan fails to match  the  information  printed  on  the  driver's
     9  license  or  non-driver  identification card, or if the transaction scan
    10  indicates that the information is false  or  fraudulent,  the  attempted
    11  transaction shall be denied.
    12    (iii)  In  any proceeding pursuant to section thirteen hundred ninety-
    13  nine-ee of this article, it shall be an affirmative  defense  that  such

    14  person had produced a driver's license or non-driver identification card
    15  apparently  issued by a governmental entity, successfully completed that
    16  transaction scan, and that the kratom had been sold, delivered or  given
    17  to such person in reasonable reliance upon such identification and tran-
    18  saction  scan.  In  evaluating  the  applicability  of  such affirmative
    19  defense the commissioner shall take into consideration any written poli-
    20  cy adopted and implemented by the seller to effectuate the provisions of
    21  this chapter. Use of a transaction scan  shall  not  excuse  any  person
    22  operating a business wherein Kratom is sold, or the agent or employee of
    23  such  person,  from  the  exercise  of  reasonable  diligence  otherwise

    24  required by this chapter. Notwithstanding the above provisions, any such
    25  affirmative defense shall not be applicable in  any  civil  or  criminal
    26  proceeding, or in any other forum.
    27    (d)  A business or agent or employee of such business shall only use a
    28  device capable of deciphering any electronically  readable  format,  and
    29  shall  only  use the information recorded and maintained through the use
    30  of such devices, for the purposes contained in  paragraph  (c)  of  this
    31  subdivision.  No  business  or  agent or employee of such business shall
    32  resell or disseminate the information recorded during such a scan to any
    33  third person. Such prohibited resale or dissemination  includes  but  is

    34  not  limited  to  any  advertising, marketing or promotional activities.
    35  Notwithstanding the restrictions imposed by this paragraph, such records
    36  may be released pursuant to a court ordered subpoena or pursuant to  any
    37  other  statute that specifically authorizes the release of such informa-
    38  tion. Each violation of this paragraph shall be punishable  by  a  civil
    39  penalty of not more than one thousand dollars.
    40    (e)  A  business  or  agent or employee of such business may electron-
    41  ically or mechanically record and maintain only the information  from  a
    42  transaction  scan necessary to effectuate this section. Such information
    43  shall be limited to the following: (i) name, (ii) date of  birth,  (iii)

    44  driver's  license  or non-driver identification number, and (iv) expira-
    45  tion date.
    46    (f) As used in this subdivision, "a device capable of deciphering  any
    47  electronically  readable  format",  "card holder" and "transaction scan"
    48  shall have the same meanings as are ascribed to such  terms  by  section
    49  thirteen hundred ninety-nine-cc of this article.
    50    § 4. This act shall take effect immediately.