New York A 8693: Provides for alternative penalties for a first time violation of certain provisions of the alcoholic beverage control law

Bill Text

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A08693 Summary:

BILL NOA08693 

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SAME ASSAME AS S08136

&nbsp

SPONSORLupardo

&nbsp

COSPNSRHevesi

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MLTSPNSR

&nbsp

Amd Art 13-F Art Head, §1399-aa, add §§1399-gg-1 - 1399-gg-3 & 1399-mm-4, Pub Health L; add §471-g, Tax L

&nbsp

Relates to enacting the New York state kratom consumer protection act; relates to labeling and other requirements for the sale of kratom products.

Go to top A08693 Actions:

BILL NOA08693 

&nbsp

05/29/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA08693 Committee&nbspVotes:

Go to topA08693 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08693 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8693

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 29, 2025
 ___________

 Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
 tee on Consumer Affairs and Protection

 AN ACT to amend the public health law and the tax law, in relation to
 enacting the "New York state kratom consumer protection act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "New York state kratom consumer protection act".
 3 § 2. The article heading of article 13-F of the public health law, as
 4 amended by chapter 448 of the laws of 2012, is amended to read as
 5 follows:
 6 REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES,
 7 KRATOM AND SMOKING PARAPHERNALIA; DISTRIBUTION TO
 8 MINORS
 9 § 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 read as follows:
 12 19. "Kratom" means the plant Mitragyna speciosa or any part of that
 13 plant.
 14 20. "Kratom product" means a finished article containing: (a) any part
 15 of a leaf of the plant Mitragyna speciosa in fresh, dehydrated, or dried
 16 form; or (b) a kratom extract.
 17 21. "Kratom processor" means a person who:
 18 (a) manufactures, distributes, or warehouses a kratom product; or
 19 (b) advertises, represents, or holds oneself out as manufacturing,
 20 distributing, or warehousing a kratom product.
 21 22. "Kratom extract" means a substance or compound obtained by
 22 extraction of the Mitragyna speciosa leaf, intended for ingestion,
 23 containing more than trace amounts of Mitragyna speciosa and containing
 24 other alkaloids of the kratom plant, which does not contain any
 25 controlled substances or levels of residual solvents higher than is
 26 allowed in the U.S. Pharmacopeia (USP) 467.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00486-04-5

 A. 8693 2

 1 23. "Alkaloid" means a compound found in the Mitragyna speciosa leaf
 2 including but not limited to mitragynine, paynantheine, speciociliatine,
 3 or speciogynine.
 4 24. "Synthesized material" means an alkaloid, metabolite of an alka-
 5 loid, or alkaloid derivative that has been created by chemical synthesis
 6 or biosynthetic means including, but not limited to: fermentation,
 7 recombinant techniques, yeast derived, enzymatic techniques, oxidation,
 8 rather than traditional food preparation techniques, such as heating or
 9 extracting.
 10 25. "Semi-synthetic alkaloid" means a substance derived from an alka-
 11 loid naturally occurring in kratom that has been chemically altered
 12 through chemical reactions such as, but not limited to: oxidation,
 13 reduction, acetylation, or other processes to change the structure or
 14 pharmacological activity of the naturally occurring kratom alkaloid.
 15 This includes but is not limited to the synthesis of 7-hydroxymitragy-
 16 nine when produced by chemical alteration of mitragynine.
 17 26. "Synthetic kratom-like compound" means a substance that is not
 18 found naturally in the Mitragyna speciosa plant and is created entirely
 19 through laboratory synthesis to mimic the pharmacological effects of
 20 kratom alkaloids.
 21 27. "Retailer" means any person that sells or advertises itself as
 22 selling kratom products directly to consumers, except that a retailer
 23 shall not include any facility that prep