BILL NUMBER: S8686
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of food or beverages containing kratom and 7-hydroxymitragynine
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the sale and manufacturing of food and drinks that contain
kratom
 
SUMMARY OF PROVISIONS:
ection 1 adds a new section 398-g to prohibit the sale or manufacture of
food or drinks containing kratom or any of its derivatives after January
1, 2027,
Any violation of this section shall be a civil penalty of $500 for the
first and $1,000 for any subsequent violation.
Section 2 sets forth the effective date which shall take effect one year
after it becomes a law.
 
JUSTIFICATION:
The increasing prevalence of kratom-infused foods and drinks poses a
significant risk to public health and safety. Kratom, a plant native to
Southeast Asia, has psychoactive properties that often marketed as mood
boosters or natural stress relievers. It is sold in most gas stations
and vape shops. Other than giving users opioid-like effects, as many as
one-third of kratbm users experience significant side effects, including
liver toxicity, seizures, cardiac arrest, and brain bleeding.
Food and drink products containing kratom are. especially concerning
because they are often marketed in appealing forms such as single-use
beverages or infused snacks. These products are typically sold with
little oversight or warning labels which makes them easily accessible to
minors and individuals unaware of their dangers.
Unlike raw kratom powder or capsules, drinks and edibles can be easily
consumed in large quantities without users realizing the potency or
risk. Their flavoring and branding make them particularly appealing to
minors and first-time users who may be unaware of the health conse-
quences.
A targeted ban on the sale and manufacture of kratom-infused foods and
drinks would close a critical gap by focusing on the most accessible,
misleading, and potentially dangerous delivery method.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one year after it becomes a law.