Requires certain kratom products to include a warning label, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9443
 
                           I N  A S S E M B L Y
 
                              January 6, 2026
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to regulating  the
   sale of kratom products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 398-g of the general business law, as  added  by  a
 chapter  of  the laws of 2025 amending the general business law relating
 to regulating the sale of kratom products, as  proposed  in  legislative
 bills numbers S. 8285 and A. 5852-A, is amended to read as follows:
   § 398-g. Kratom package labeling. 1. For the purposes of this section,
 [the following terms shall have the following meanings:
   (a)]  "Kratom"  means [both] ANY PART OF THE PLANT Mitragyna speciosa,
 [a tree native to Southeast Asia, and  the  products  derived  from  its
 leaves that are marketed as herbal supplements.
   (b) "All natural" means a product that contains no artificial ingredi-
 ents  or  added  colors  and is minimally processed.] WHETHER GROWING OR
 NOT, AND ANY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPA-
 RATION OF SUCH PLANT OR SYNTHESIZED OR SEMI-SYNTHESIZED PREPARATIONS  OF
 MITRAGYNINE  OR  7-HYDROXYMITRAGYNINE, THEIR DERIVATIVES, SALTS, ESTERS,
 AND ISOMERS.
   2. [On each package of any kratom  product  sold  or  delivered  by  a
 manufacturer  within  this state on or after January first, two thousand
 twenty-six, there shall be printed thereon or attached thereto a warning
 of such product's lack of federal food and drug administration  approval
 and  such kratom products' known side effects.  Such warning shall be in
 a font not less than twelve-point type and in a color in  contrast  with
 the  package  containing  such  kratom  product,  and  shall contain the
 following statement:
   "WARNING This product has not been approved by the FDA.  Side  effects
 may  include  nausea,  agitation,  hallucinations, difficulty breathing,
 liver damage, and death"] NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION,  OR
 CORPORATION  SHALL  MANUFACTURE,  DISTRIBUTE,  SELL OR OFFER FOR SALE AT
 RETAIL WITHIN THE STATE ANY PRODUCT CONTAINING KRATOM  UNLESS  THERE  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09239-04-6
 A. 9443                             2
 
 PRINTED  THEREON  SUCH  PACKAGING OR ATTACHED THERETO A LABEL DISCLOSING
 THE FOLLOWING:
   (A) THE NAME AND ADDRESS FOR THE PLACE OF BUSINESS OF THE MANUFACTURER
 OR DISTRIBUTOR OF THE KRATOM PRODUCT;
   (B) THE FULL LIST OF INGREDIENTS IN THE KRATOM PRODUCT;
   (C) THE FOLLOWING DISCLOSURES:
   (I)  THAT SALE OR DISTRIBUTION BY INDIVIDUALS WHO ARE UNDER TWENTY-ONE
 YEARS OF AGE IS PROHIBITED UNDER THE PUBLIC HEALTH LAW;
   (II) THAT USE BY INDIVIDUALS WHO ARE PREGNANT OR BREASTFEEDING IS  NOT
 ADVISED;
   (III) TO CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO USE;
   (IV) THAT KRATOM MAY BE ADDICTIVE;
   (V)  THAT  KRATOM  MAY  INTERACT  WITH CERTAIN MEDICATIONS, DRUGS, AND
 CONTROLLED SUBSTANCES;
   (VI) WHETHER THE  PRODUCT  INCLUDES  A  SEMI-SYNTHESIZED  CHEMICAL  OR
 COMPOUND OR SYNTHESIZED CHEMICAL OR COMPOUND OF KRATOM. FOR THE PURPOSES
 OF  THIS  SUBPARAGRAPH  THE TERM "SEMI-SYNTHESIZED CHEMICAL OR COMPOUND"
 SHALL MEAN A CHEMICAL OR COMPOUND CONTAINED IN A KRATOM EXTRACT THAT HAS
 BEEN EXPOSED TO CHEMICALS OR PROCESSES THAT WOULD  CONFER  A  STRUCTURAL
 CHANGE  IN  THE  CHEMICAL OR COMPOUND, SUCH AS OXIDATION, REDUCTION, AND
 RING OPENING AND CLOSING, RESULTING IN MATERIAL THAT HAS BEEN CHEMICALLY
 ALTERED. FOR THE PURPOSES OF THIS  SUBPARAGRAPH  THE  TERM  "SYNTHESIZED
 CHEMICAL  OR  COMPOUND" SHALL MEAN A CHEMICAL OR COMPOUND OF KRATOM THAT
 HAS BEEN CREATED BY CHEMICAL SYNTHESIS OR BIOSYNTHETIC MEANS,  INCLUDING
 FERMENTATION,  RECOMBINANT  TECHNIQUES, AND ENZYMATIC TECHNIQUES, RATHER
 THAN BY TRADITIONAL FOOD  PREPARATION  TECHNIQUES  SUCH  AS  HEATING  OR
 EXTRACTING; AND
   (VII)  QUANTITATIVE  DECLARATIONS OF THE AMOUNT OF MITRAGYNINE AND THE
 AMOUNT OF 7-HYDROXYMITRAGYNINE BY PART, WEIGHT OR VOLUME OF  THE  KRATOM
 PRODUCT; AND
   (D) THE FOLLOWING STATEMENTS, CLEARLY AND CONSPICUOUSLY:
   (I)  "THESE  STATEMENTS  HAVE  NOT BEEN EVALUATED BY THE FOOD AND DRUG
 ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE,  TREAT,  CURE,
 OR PREVENT ANY DISEASE."; AND
   (II) "KEEP OUT OF REACH OF CHILDREN."
   3.  [No  kratom product shall be advertised as nor shall the packaging
 of such kratom product suggest, state, or imply that such kratom product
 is all natural.
   4.] Any [manufacturer]  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  OR
 CORPORATION  in  violation  of  this section shall be subject to a civil
 penalty of not more than five hundred dollars for a first violation  and
 not more than one thousand dollars for a second or subsequent violation.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending  the  general  business
 law  relating  to regulating the sale of kratom products, as proposed in
 legislative bills numbers S. 8285 and A. 5852-A, takes effect.