BILL NUMBER: S488
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to enacting
the "New York state kratom consumer protection act"
 
SUMMARY OF PROVISIONS:
Section 1. Short title. This act shall be known and may be cited as the
"New York state kratom consumer protection act".
Section 2. The agriculture and markets law is amended by adding a new
article 11-C to read as follows: ARTICLE 17-C NEW YORK STATE KRATOM
CONSUMER PROTECTION ACT
Section 223. Definitions.
223-a. Kratom product labeling.
223-b. Violations. 223-c. Penalties.
223-d. Rules and regulations.
Section 3: Effective Date.
 
JUSTIFICATION:
Kratom has been safely used for centuries in Southeast Asia by indige-
nous populations where kratom grows. Chewing on the leaves for an energy
boost and pain relief, field workers claimed the benefits of kratom
allowed them to be more productive and it provided pain relief from the
rigors of daily labor work. In Southeast Asia, researchers have docu-
mented there has never been an overdose death related to the consumption
of kratom.(1)
Kratom has become controversial due to the concerns of the U.S. Food and
Drug Administration (FDA) over the past decade as they have addressed
concerns about reports of deaths associated with kratom.
The FDA has concluded that kratom has killed 44 people, and is a danger-
ous opioid just like heroin, morphine, and fentanyl.
The American Kratom Association supports a more reasonable solution
where the FDA would provide specific regulatory controls on the manufac-
turing standards for kratom products, including (1) barring the addition
of any dangerous adulterant ingredient; (2) restricting any enhancement,
concentration, or synthetization of the 7-hydroxymitragynine alkaloid
content greater than levels that, occur in the natural plant; (3)
requiring clear labeling of all ingredients; and (4) limiting the sale
of kratom products to anyone under the age of 18. This is the framework
of an initiative of the American Kratom Association known as the Kratom
Consumer Protection Act (KCPA) that has been enacted in Utah, Georgia,
and Arizona. This legislation is also under consideration in another
dozen states in the current legislative session.
 
LEGISLATIVE HISTORY:
2021-2022: S3588
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.