New York introduces bill to restrict to age 18 and older

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 27, 2017
        Introduced  by  M.  of A. MORELLE, McDONALD, JAFFEE, WOERNER, McDONOUGH,
          MOSLEY,  MAGNARELLI,  ZEBROWSKI  --  Multi-Sponsored  by  --  M. of A.
          GIGLIO, SIMON -- read once and referred to the Committee 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 eighteen
          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:
     6                                  TO MINORS
     7    §  2.  Section 1399-aa of the public health law is amended by adding a
     8  new subdivision 14 to read as follows:
     9    14. "Kratom" means any part of the plant Mitragyna  speciosa,  whether
    10  growing  or  not,  and  any  compound,  manufacture,  salt,  derivative,
    11  mixture, or preparation of such plant.
    12    § 3. Article 13-F of the public health law is amended by adding a  new
    13  section 1399-mmm to read as follows:
    14    §  1399-mmm.  Sale  of kratom prohibited. 1. No person shall knowingly
    15  sell or provide kratom to any other person under eighteen years of  age.
    16  Any  person  who  violates  the  provisions of this subdivision shall be
    17  subject to a civil penalty of not more than five hundred dollars.
    18    2.(a) Any person operating a place of business wherein kratom is  sold
    19  or  offered  for sale is prohibited from selling such kratom to individ-
    20  uals under eighteen years of age, and shall post in a conspicuous  place
    21  a  sign  upon  which  there  shall be imprinted the following statement,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A. 8787                             2
     1  LAW".    Such  sign  shall  be printed on a white card in red letters at
     2  least one-half inch in height.
     3    (b)  Sales  of  kratom  shall be made only to an individual who demon-
     4  strates, through (i) a valid driver's license or non-driver's  identifi-
     5  cation  card  issued  by the commissioner of motor vehicles, the federal
     6  government, any United States territory, commonwealth or possession, the
     7  District of Columbia, a state government within the United States  or  a
     8  provincial  government  of the dominion of Canada, or (ii) a valid pass-
     9  port issued by the United States government or  any  other  country,  or
    10  (iii)  an  identification  card issued by the armed forces of the United
    11  States, or (iv) any other photographic identification card issued  by  a
    12  governmental entity or educational institution indicating that the indi-
    13  vidual  is  at least eighteen years of age. Such identification need not
    14  be required of any individual who reasonably  appears  to  be  at  least
    15  twenty-five  years of age, provided, however, that such appearance shall
    16  not constitute a defense in any proceeding alleging the sale  of  kratom
    17  to an individual under eighteen years of age.
    18    (c)(i) Any person operating a place of business wherein kratom is sold
    19  or offered for sale may perform a transaction scan as a precondition for
    20  such purchases.
    21    (ii)  In  any  instance where the information deciphered by the trans-
    22  action scan fails to match  the  information  printed  on  the  driver's
    23  license  or  non-driver  identification card, or if the transaction scan
    24  indicates that the information is false  or  fraudulent,  the  attempted
    25  transaction shall be denied.
    26    (iii)  In  any proceeding pursuant to section thirteen hundred ninety-
    27  nine-ee of this article, it shall be an affirmative  defense  that  such
    28  person had produced a driver's license or non-driver identification card
    29  apparently  issued by a governmental entity, successfully completed that
    30  transaction scan, and that the kratom has been sold, delivered or  given
    31  to such person in reasonable reliance upon such identification and tran-
    32  saction  scan.  In  evaluating  the  applicability  of  such affirmative
    33  defense the commissioner shall take into consideration any written poli-
    34  cy adopted and implemented by the seller to effectuate the provisions of
    35  this article. Use of a transaction scan  shall  not  excuse  any  person
    36  operating  a  place  of business wherein kratom is sold, or the agent or
    37  employee of such person,  from  the  exercise  of  reasonable  diligence
    38  otherwise   required   by  this  article.    Notwithstanding  the  above
    39  provisions, any such affirmative defense shall not be applicable in  any
    40  civil or criminal proceeding, or in any other forum.
    41    (d)  A business or agent or employee of such business shall only use a
    42  device capable of deciphering any electronically  readable  format,  and
    43  shall  only  use the information recorded and maintained through the use
    44  of such devices, for the purposes contained in  paragraph  (c)  of  this
    45  subdivision.  No  business  or  agent or employee of such business shall
    46  resell or disseminate the information recorded during such a scan to any
    47  third person. Such prohibited resale or dissemination  includes  but  is
    48  not  limited  to  any  advertising, marketing or promotional activities.
    49  Notwithstanding the  restrictions  imposed  by  this  subdivision,  such
    50  records may be released pursuant to a court ordered subpoena or pursuant
    51  to  any  other  statute that specifically authorizes the release of such
    52  information. Each violation of this subdivision shall be punishable by a
    53  civil penalty of not more than one thousand dollars.
    54    (e) A business or agent or employee of  such  business  may  electron-
    55  ically  or  mechanically record and maintain only the information from a
    56  transaction scan necessary to effectuate this section. Such  information
        A. 8787                             3
     1  shall  be  limited to the following: (i) name, (ii) date of birth, (iii)
     2  driver's license or non-driver identification number, and  (iv)  expira-
     3  tion date.
     4    (f)  As used in this subdivision, "a device capable of deciphering any
     5  electronically readable format", "card holder"  and  "transaction  scan"
     6  shall  have  the  same meanings as are ascribed to such terms by section
     7  thirteen hundred ninety-nine-cc of this article.
     8    § 4. The commissioner of health shall  conduct  a  study  relating  to
     9  kratom.  The  study  shall  include  but not be limited to the potential
    10  health risks, benefits and effects of kratom and shall review all avail-
    11  able data relating to such. Such commissioner shall publish and submit a
    12  report of his or her findings and recommendations to the  governor,  the
    13  speaker  of the assembly and the temporary president of the senate on or
    14  before one year from the effective date of this act.
    15    § 5. This act shall take effect immediately.

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