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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.
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.
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