BILL NUMBER: S9445
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
public display of kratom advertisements
 
SUMMARY OF SPECIFIC PROVISIONS:
The general business law is amended by adding a new section 396-aaaa to
read as follows: § 396-aaaa. Public display of kratom advertisements
prohibited. Section 1:
(a) Defines what qualifies as an advertisement
(b) Defines kratom
(c) Establishes that a business cannot place an advertisement in the
storefront within 1,500 feet of a school (within 500 feet of a school in
New York City) for kratom
(d) Creates a $500 violation for the first violation and a $1,000
violation for the second or subsequent violation
Section 2 sets the effective date as 90 days after it shall become law
 
PURPOSE AND JUSTIFICATION:
The FY 2020-2021 New York State budget established that a business enti-
ty cannot display any exterior advertising for tobacco products, smoking
paraphernalia, vapor products, or electronic cigarettes within 1,500
feet of a school in Upstate New York and within 500 feet of a school in
New York City (a9506b/s7506b of 2020). While this was an important step
in limiting advertisements for tobacco products, there are other
products out there that are being advertised that are also not FDA-ap-
proved, such as kratom.
Kratom has been used in Southeast Asia for hundreds of years as a
multi-purpose health remedy. While in its natural form (a leaf that is
chewed), it can be safe. However, many products, such as pills and
drinks, contain refined kratom, which is chemically altered to be more
potent and addictive. There are no uses for kratom approved by the U.S.
Food and Drug Administration (FDA) and the FDA has warned consumers not
to use kratom due to potential side effects such as nausea, aggression,
hallucinations, troubled breathing, liver damage, and death.
Over the past several years, there has been a dramatic increase in the
number of exterior displays of kratom products at gas stations, smoke
shops, and convenience stores. These exterior advertisements are not
only used to advertise that a store sells kratom, but some advertise-
ments even promote health claims of kratom that are not verified by the
FDA1. To combat this troubling trend, this legislation simply adopts the
same restrictions for kratom products that are already established for
tobacco products.
 
LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.