BILL NUMBER: S8136
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public health law and the tax law, in relation to
enacting the "New York state kratom consumer protection act"
 
PURPOSE:
The purpose of this bill is to regulate Kratom products for the first
time in New York state
 
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. article 13-f of the public health law is amended by adding a
new title to include kratom with tobacco, herbal cigarettes, and smoking
paraphernalia
Section 3. Section 1399-aa of the public health law is amended by adding
10 eleven new sections, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 to
11: with definitions for the kratom plant.
Section 4. amends the public health law by adding a new section 10
1399-gg-1 for deterring adulterated products from consumer access.
Section 5 adds a new section 9 1399-gg-2 to the public health law to
ensure processors are compliant with the department for testing and safe
manufacture
Section 6 creates labeling standards for processing and sale.
Section 7 bans sale to those under 21 years of age and establishes fines
and penalties for the sale and or distribution of products in non
compliance
Section 8 adds tax liability on sales to the consumer.
Section 9 adds tax administration discretion to the commissioner and
creates a tax obligation on all sales of 5 percent.
Section 10 is rules and regulations for the sale, including no sale
under the age of 21, lab testing requirements.
Section 11 is the effective date 180 days after the bills passage.
 
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 reliey,from the
rigors of daily labor work. In Southeast Asia, researchersp.ay4 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. That simply is not
true. However, like alcohol or tobacco, the substance has the potential
to pose health risks. Its use has been involved indirectly in the deaths
of a few New Yorkers. Therefore it's imperative we regulate the
substance for safe use, requiring testing for adulterated substances,
and also making consumers aware of the dangers of excessive use and
acknowledging how its use can be safe and helpful recreationally while
keeping unsafe additives off market.
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. Similar legislation has been passed in several other states
in the recent legislative sessions.
 
LEGISLATIVE HISTORY:.
2023-2024: S488/ A2983
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.

Statutes affected:
S8136: 1399-aa public health law