NY Kratom Law Passed January 28th, 2016

A09121 Summary:

BILL NO    A09121 SAME AS    No Same as SPONSOR    LinaresCOSPNSR    MLTSPNSR   Amd Art 13-f Head, §1399-aa, add Art 13-f §1399-mmm, Pub Health LRelates to the prohibition of the sale of kratom to individuals under theageof twenty-one by any business, or agent thereof.

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A09121 Actions:

BILL NO    A09121 01/28/2016 referred to health

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A09121 Votes:

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

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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.